THat whereas by the Fundamental Laws of England, every Land-holder (as a member of the whole body politick of the Nation) ought to hold his Lands, of some Superiour or other till it be handed up to the chief Magistrate as Lord Paramont, or head of the body (lately distinguished by the title of KING) who hath been in times past armed with power and revenue to defend and protect the peoples Estates against all enemies forreign and domestick. And the King and People have been mutually engaged to each other, He to Govern them according to the Laws and Customs of the Realm, They to doe Homage, pay Rents, and other Services to him, whereby there was a certain trust and assurance one in the others constant help and assistance in times of danger.

And whereas the Inheritance of the whole Realm being thus vertually in the Head, all particular Inheritances must depend mediately or immediately upon the Head.

And the late King was undoubtedly the Head of this Body, and was engaged by Oath to govern it according to Law, and had from us the honour, allegeance and support due unto him. But by His warring against us, He and His Posterity and Race (not without His own Royall assent) have been made uncapable of future Government over us: Since which, these Nations are become headlesse, every Inheritance being legally endangered or drowned in default of a LORD PARAMONT, from whom we may justly challenge protection of our Lives, Liberties and Estates, upon that ancient and lawfull consideration of Homage, Rents, and Services which are now unpaid: And there is no voluntary, or legall engagement from your Highnesse to the People, or from them to your Highnesse, in the present Government. But (as it seemeth to many) either Party (without breach of trust, or clog of conscience) may desert the other in times of danger.

And forasmuch as your Highness is actually The Person of most eminency under GOD in our deliverance from the said late King and His Party at home, and the Dutch and other Forreign enemies (arisen as it were out of His dust) from abroad.

Therefore we are resolved (as much as in us lies) to establish You in the same power, and to doe unto you the same homage and fealty the said late King and His Ancestors had: It being (as we conceive) our most probable assurance to reap the crop that hath cost so much labour and charge in plowing and sowing.

And the Petitioners are necessitated hereunto, out of our doubt and dissatisfaction of safety under the present Government (as it is Elective) and the sense we have of the many dangerous Plots from thence emboldned to be put in execution against your Highnesse, not onely by CHARLES STƲART who (though disabled as aforesaid) is most apt and vigilant to improve every defect, or pretended miscarriage in Government, for his owne advantage, and hopes of restitution (when any opportunity or change shall be) and by many other sequestred, and discontented persons, from whom no better is to be expected: But by some of those that have engaged with Us in the same Cause, and had the same De­liverance, and therefore ought to be alike thankfull; Yet have seduced many into an opinion, that the Legislative power is wholly lost and extinguished, and cannot be exercised any more; because by the late Instrument of Government, it was conferred on your Highnesse and Councill, to continue till the meeting of the first Parliament, and the first Par­liament having since met, your Highnesse power, say they, is thereby determined. And doe hence pretend a necessity of laying downe the ancient and legall Government, and constitution of these Nations, that this Politick body may be altered wholly into an Ecclesiasticall body, under the notion of a fifth Monarchy. When as in all mens Judgements there is the same necessity of Moneys to be raised, and of Lawes and Ordinances to be made for the Peace and welfare of these Nations, now as before that Assemblies meeting. And there ought to be the same Power for the same purposes still. And if the former Ecclesiasticall power (although limited by civill Magistracy) did neverthelesse in all Ages eclipse the power of the greatest Kings and Emperors, and occasioned many Persecutions and troubles in the Church of GOD, and their Dominions: How much more will the like power in a little time, tyrannize and persecute without mercy, if it may reigne without limits? For the Petitioners doe finde, that the spirit of Persecution is in many so vigorous, that where it cannot worke in the old way by a coercive power in Courts Ecclesiasticall; It breaketh forth in all Courts of Civill Justice in these Nations, more especially upon persons of most tender consciences. With what violence are many harmlesse people persecuted, who lest they should be found to maintaine a false worship (and for no other cause) dare not pay Tithes; If any one refuse to pay the poores rate, the Overseers can distreine, and must returne the overplus. But in cases of Tithes, although the Law gives treble the value, yet the Courts of Chancery and Exchequer (leaving their proper quality, which should be to mitigate and asswage the rigor of the Law) use greater extremitities then the Law it selfe, and doe daily enforce the expence of 30 or 40. times the value, before the Defendants can be admitted to make any defence, and at last must order an active obedience (more grievous then all the expence.) Instances may be of poor Handicrafts-men, that being in arrear but 2 or 3 s. for Tythe, have been put to take the Copy of a Bill in one of these Courts, of 40 or 60 and sometimes 100 sheets of paper.

And whereas by the fundamentall Lawes of England, no mans liberty may be impeached at the suit of a common person, till first he be summoned by an originall Writ, (wherein the true cause of action, and the certaine debt and dammage demanded is expressed, and the plaintiffes exorbitant demands are limitted, by giving caution to prosecute, before a Capias sh [...]uld be awarded;) Yet what grievous oppressions befall many innocent persons, by the granting forth a Capias before the Summons, like an Attachment before a Subpoe­na? And by the frequent, and almost constant use of feigned and false Processe, the Bill of Middlesexe, Latitat & clausum fregit, whereupon any persons, as well Creditors as Deb­tors are daily arrested, upon pretence of vast sums of money owing, (even for ten or twenty thousand pounds, as cheap as for ten shillings) and detained in Prison for want of baile, till they be ruined in their Estates and Credits? Many thousands have been so served, some not indebted a penny, others no more then upon a legall summons, they could, and would have paid, had not sudden and unexpected arrests for so great summes without cause, totally disabled them to pay a penny, by reason of the excessive charge of Imprisonment. And (as things now stand) every man is subject to this kinde of oppression, whensoever his adversary out of designe or malice shall think fit, and yet the party damnified, is wholly reme­dilesse of reparation.

How mercilesse are some towards their poor Debtors, whom they suffer to perish in Prison, when as they finde, and are convinced, that Imprisonment puts an impossibility upon them, either to satisfie their debts, or to serve their generation? and what inequality is there in the dispensations of the Law, that Merchants and Tradesmen becoming insolvent, and Imprisoned, shall be (as it were) sold with their Wives, Children and Estates, till they pay the uttermost farthing: While Gentlemen and others by yielding themselves Prisoners many times doe, and may secret and secure their Estates, and live more plentifully within the prison, then their Creditors can without?

And what abuses are usually put upon the people by that feigned Writ of quo minus, whereby men dwelling one hundred, or two hundred miles distant from Westminstaer, are com­manded there to appeare personally, sometimes for meere vexation, but often for five or ten shillings, on purpose to draw from them moneyes never due, rather then to be at the charge and trouble of so long a journey, and a suit much longer?

These injuries, and many others of the like kinde, by ill-disposed persons, are (more frequently now then ever heretofore,) obtruded upon peaceable and honest people, by rea­son of that opinion, that your Highnesses power is too short to help the oppressed, and to regulate so great abuses. But your Petitioners doubt not but the same Legislative power that was heretofore in King and People, is still as rightfully and naturally in your Highnesse, and the People (on your side) as he and his Ancestors had it under the title of William the Conqueror: And since your Highnesse is already under an oath as our chiefe Magistrate to defend Us, there wanteth nothing to fixe and make the body compleat and visible now, as it was then, and to prevent the hopes and expectations of all gain-sayers, and evill-doers, but the reciprocall ingagements of the People to your Highnesse, by their doing homage and fealty, for want whereof, many thousand common persons, purchasers of the Lands of the late Kings, Bishops and Delinquents, are become absolute and independent Lords, which the Law abhors, and is inconsistent with their owne safety.

And since the late Instrument of Government by declaring your Highnesse Lord Protector of this Common-wealth for your life onely, hath obstructed Legall homage (which cannot be given or taken by any that have lesse then an Estate in fee) and That obstruction may endanger the health (if not the life) of the whole body, unlesse it be removed, and cannot be removed, unlesse that Legislative power now recumbent, and as it were, hidden in your Highnesse, and the People, be speedily awakned and put in execution.

The Petitioners doe therefore humbly pray, that your Highnesse will be pleased to secure us in our doubts, ease Us of our burdens, regulate the proceedings in Law, and to rectifie all other things that any wayes endanger our peace and welfare, according to the severall Declarations of the Army.

And in order thereunto, That your Highness will forthwith choose and impower some persons of honour, piety, and wisdome, to reform the proceedings in Courts of Justice, and in particular, to ordain and speedily establish,—

I. That all incu [...]sions of Arbitrary powers or Ecclesiasticall censures, that in any new shape, or by-waies may possibly creep into practice, to persecute the consciences, infringe the liberties, or incumber the outward estates of the people, be speedily prevented and suppressed.

II. That no person or persons whatsoever, for any cause, at the suit or prosecution of any person, or by any Sheriffe, Bailiffe, or other Officer or Minister of Justice, be hereafter sued, arrested, detained, or imprisoned, till first the Defendant ha [...]h been summoned accord [...]ng to the antient course of Law.

III. That no Officer of any the Courts at Westminster, or of any Cities, Corporate Towns, or other priviledged places (wh [...]re by prescription or Charter they may sue or implead for debt or trespasse) shall hereafter presume to make out any Processe, Bill of Middlesex, Latitat, Capias, quo minus, or other Precept to arrest, trouble, or convent any person or persons whatsoever, till first an original Summons be granted forth, and returned to warrant the same.

IV. That all the severall Officers that make the Summons, doe take care that the true cause of action, and the certain debt or dammage in demand be expressed in the said Summons, and that the same waies, pledges, and restrictions to limit the excessive demands of the Complainants, be used and taken as hath been antiently done heretofore. And that the said Officers may make the said Summons in personall and mixt actions re­turnable in the Upper-Bench-Court, or in the Exchequer, (or elsewhere, as the parties desire the same) as well as in the Common-Pleas. And that all Attorneys and other Officers of any of the said Courts, do take care that the said Summons be duly filed, the want of which shall be allowed as a good cause of error, to stay proceedings, or reverse judgment in all Courts alike.

V. That after Summons (if no payment or compounding the debt be) or after Imprisonment two moneths for debt, any person that is no Merchant or Tradesman, may be prosecuted in like manner to all intents and purposes as a Tradesman may; And that some able, prudent, and skilfull persons be appointed as constant Commissioners or Judges to put the Laws in execution, in London, Middlesex, and all Counties, to examine the Causes of all persons now Imprisoned; And in all cases where they shall finde extremities used, that either the Debtors have voluntarily done what is in their power to pay their Creditors, or that the Creditors have al­ready seised their Estates, and yet keep their Debtors in Prison; or if the Debtors shall and will submit to be examined upon Oath before the said Judges, and upon their Examinations shall discover, and as much as in them lies, deliver their Estate for the use of their Creditors, and in other such like cases, where Judgments have been gotten by su [...]prize; It shall and may be lawfull for the said Judges to discharge such Prisoners from their Imprisonment, though they lye in Execution, so as such Prisoners will give their own Bonds to pay the remainder of their Debts (not gotten by surprize) when they shall be able; which ability the said Judges shall have power to discover by the Examination of the parties themselves, or any others whom the Creditors shall (at any time afterwards) produce for that purpose.

VI. That in all cases where Prisoners for debt are obstinate, and will neither be Examined upon oath, nor discover, nor deliver their Estates for payment of their Debts, to the end they may be enlarged; the Prisons may not be Palaces, but Work-houses, where the Debtors shall be enforced daily to work and labour according to their abilities, towards payment of their debts.

VII. And the better to enable and impower your Highnesse herein, We doe hereby freely and chearfully, not onely constitute, ordain and establish You our chief Magistrate, and Lord Paramount in the place of the late King, yielding, giving and granting unto You, your Heirs and Success [...]rs, the same Honour, Obedience, and trust He lawfully had; humbly praying your Highnesse to accept thereof, and forthwith to be so Proclaimed and published throughout all these Nations, and in all Grants, Processe and other things, to expresse the year of your Government, as it hath been accustomed: But we doe for the present (till a Parliament may be conveniently called) constitute, and ordain you Highnesse our Representative, authorizing You to exercise the Legislative power for the purposes aforesaid. And in consideration of Your acceptance hereof; We doe hereby promise with all convenient speed, by writings under our respective hands and seals to grant unto your Highnesse, your Heirs, and Successors, some Rent as an acknowledgment out of our respective Lands and Estates, and to doe homage and sealty unto You, and mutually to assist You and Your Heirs in all times of danger and trouble, so as no such tenure of your Highnesse in chief, doe any waies captivate our Lands to be liable to Wardships, but that all our lands be absolutely free from that incumbrance, as if they were held in Soccage.

VIII. And the Petitioners doe further desire, that Commissioners be authorized in all Counties to take the said severall Grants and Recognitions, and to certifie them into the Exchequer: And having so done, that your Highnesse will be pleased by your Writ under the Great Seal of England, to engage your Self, your Heirs, and Successours respectively to the Petitioners (and others desiring the same) to warrant and defend their Estates reall and personall, against the late King, and other the said Delinquents, and their Heirs, and against all other persons claiming under them, their or any of their Titles or Estates, and therein to insert a short Par­don for offences past, all for a moderate Fee payable only to your Highnesse (except for labour and wax to the Writer and Sealer.) And that all such Free-holders and others so qualified as aforesaid, and none else, be capable of choosing or being chosen Knights or Burgesses to serve in Parliament, or to be Jurors at Assises or Sessions, or of having benefit by such Grant or Pardon.

IX. And lastly, The Petitioners doe further pray, that as soon as these Nations are in a fitting posture, and the people qualified according to the settlement before intended; That your Highnesse will be pleased to call a Parliament, by whose advise and assistance, these, and all other things needfull for Reformation, may be confirmed and established, Taxes and other burdens may be eased. And such other waies for raising of Moneys for the Army and other Publick uses, may be found out as shall be most agreeable to Justice and Equity.

And the Petitioners shall daily pray for your peaceable and happy Government over us long to continue.