TO THE Honourable the Commons Assembled in PARLIAMENT, The Humble Petition of divers Free-borne English-men, inhabiting in the Ci­ties of London and Westminster, the Burrough of Southwark, Hamblets, and places adjacent.

SHEWETH,

AMidst our continuall griefs and anguish of Spirit, wherewith we have been long time afflicted, through our sence of pressing bur­thenous necessities, which lye upon us, and iminent dangers which perpetually threaten us, occasioned by the omission of settling the Government of this Nation, upon those foundations of equity and freedom, which were made the onely justifiable grounds and ends of the late violent bloody consuming and chargable War, and of all the extraordi­nary actings and proceedings of the present Parliament and Army, out griefs have been often mittigated, with remembrance of the many, full, ample and zealous promises and Protestations, made by both unto the peo­ple of restoring them, to all their Rights and Liberties, and of delivering them from all kinds of oppression, usurpation, and Arbitrary Proceedings; for how was it possible for us, but to hope reall performances thereof, when they avouch, that the compleat settlement of the Liberties and peace of the Nation is that blessing of God, then which of all worldly things, no­thing is more dear or precious in their thoughts.

That they esteemed all present enjoyments (whether of life or livelihood, or nearest relation) a price but sufficient to the purchase of so rich a blessing, that they, and all the free-borne People of England, might sit down in quiet under their own Vines under the glorious administration of Justice and Righteousnesse, and in full possession of those Fundamental Rights and Li­berties, without which (they say) they could have little hopes to enjoy ei­ther any comforts of life, or so much as life it self, but at the pleasures of some men ruling meerly according to Will and Power.

Avouching also, that they were not a meer mercinary Army, hired to serve any Arbitrary power of a State, but called forth and conjured, by the severall Declarations of Parliament, to the defence of their own, and the [Page 2]Peoples just Rights and Liberties, and so they took up Armes in Judgement and Conscience to those ends, and have so continued them, and are resol­ved according to your first just desires in your Declarations, and such prin­ciples received from your frequent informations, and common sence con­cerning those fundamentall Rights and Liberties, to asert and vindicate the just Power and Rights of this Nation in Parliaments, for those common ends promised, against all Arbitrary Power, violence and oppression, and a­gainst all particular parties or interest whatsoever.

And that none might mistake them herein, they manifest a most deep sence of the necessity, that the Members of the house themselves (by frequent elections) might be capable of subjection as well as rule; and thereby be in a capacity to consider other mens Cases, as what might come to be their own: also how unfit and dangerous it was, that the supream Power of the Common-Wealth should be fixt in the persons of the same men, during their own pleasures; That neither by their originall constitution of this State, was it, or ought it to continue so, nor does it wherever it is and continues so, render that state (say they) any better then a tyranny, or the People subjected to it any better then Vassals: But in all States (say they) where there is any face of common freedom, and particularly in this State of Eng­land, (as is most evident, both by many positive Lawes, and ancient constant Customes) The People have a right to new and successive Elections, into that great and supream Trust, at certain periods of time (which say they) is so essentiall and fundamentall to their freedom, as it is, cannot, or ought not to be denyed to them, or withheld from them, and without which the house of Commons is of very little concernment to the Commons of Eng­land.

These and the like full and clear expressions concerning our Liberties for a long season, supported our often fainting hopes, as being willing to be­lieve it was not possible for them to be uttered in vaine, at least that they would never terminate in things contrary.

And after long and tedious expectation, we were much revived, when as no sooner had the Authours of those large Promises and Protestations, by extraordinary proceedings against the other Members invested you with Power, (which they then also said, they did onely in order to new successive Parliaments to be speedily chosen) but imediately you likewise declare in behalf thereof, and for the Petition of Right, stiling it that most excellent Law: and that you would maintain inviolable the ancient just Rights and Liber­ties of the People, in all things touching Life, Liberty, Estate and Property, with all things incident thereunto.

But so it is, that now after more irksome expectations, our hopes dye day­ly within us, and our griefes increase so fast, as like to overwhelm us; for [Page 3]what place for hope have we left? or how is it possible for us not to grieve without ceasing, whilst notwithstanding all those pretious Promises, Declara­tions & Engagements, for, & in behalf of the ancient just Rights and Liberties (and upon which promises, and for which Liberties we with others have ad­ventured all we could in this life) new and succesfull Elections to that su­pream trust of Parliament, is not onely withheld from the People, and so as that men dare hardly affirm it to be their Rights; but whilst it is retained and fixed in the persons of the same men, during their own pleasures, Lawes are made of so dangerous a nature, as men can scarce speak or do any thing for fear of losle of Life, or Liberty or Estate.

How can we choose but bewaile our own and the Nations sad condition, when notwithstanding all those zealous ardent expressions for just Liberty, acknowledged to be due to the People: That yet it should be frequent to imprison English-men upon extrajudicial Prerogative-like Warrants, and that too in such places, and remote Castles, whereunto belongeth no legall Goale-delivery, but where they are detained during pleasure, examined a­gainst themselves search to find matter against them, and some are used in a more barbarous manner, then those were called Puritans in the Bishops time.

Wh [...]lst English-men are made lyable to attachments, by Messengers and Pursevants. To have their goods destrained without legal Proceedings, and by Persons not authorized by Law, to be tryed in matters of property and estate, by Committees; and in cases of life, by an extraordinary Commissi­on of Oyer and Terminer, or which is worse and farre transcending all strain of the old Prerogative by a High Court of Iustice, and Tryalls by Iury, of twelve sworn men, shall be withheld from any English-man; how in the least is Magna Charta, or the Petition of Right, those ancient fundamentall Rights, either in circumstance or substance made good.

Whilst Conscience is inforced to an Engagement, or to the refuser to for­goe all the comforts of life, and as an Out-Law, exposed to the wills of men, and that Excise, Custome, and Taxes, are exacted as they are upon all sorts of industrious People: Alasse, what Liberty is left us? who is he that walks not in Ieopardy all his life long, if these things be continued (which God defend) enjoying neither any comforts of life, nor so much as life it self, but at the pleasures of Men.) And therefore in Conscience to God (whose holy and dreadful name hath been often invocated to be a Witness of tbe reality of those Promises and Declarations we are constrained at this time in most humble manner, earnestly to beseech you, even by the mercies and for­bearance of God) who yet vouchsafeth time and means to perform all your Vowes.

1. That you will be pleased to render unto the People their essentiall Freedom in new successive Elections unto the supream trust of Parliaments, and that you will review and repeale all such Lawes, as make men Capital offenders for words, or actions not Capitall in nature.

2. That all persons imprisoned in any place, not subject to a Legall Goale-De­livery, may be at least removed, Legally to Legall Prisons; to be preceeded with­all in due course according to Law, that they may be freed from those dangers of Life and distraction of mind, occasioned by tedious imprisonment, or sad exam­ples by Tryalls, by extraordinary Commissions of Oyer and Terminer, or which is far worse, by a High Court of Justice (which we pray God may be never more heard of in England, as not knowing, any thing of greater danger, or more expresly repugnant to our Lawes and Liberties) upon pretences of crimes against the State, or of any other Prerogative-like suggestions.

3. That henceforth no man, may be attached, sentenced, fined or imprisoned, or otherwise adjudged of Life, Limb, Liberty or Estate, by any other Authority, but by lawfull unanimous Iudgement of twelve sworn men of the Neighbourhood, by Legall Officers and due process of Law, according to the true intent of those ancient Fundamentall Liberties contained in Magna Charta, and the Petition of Right.

4. That you will suspend all further enforcement of the Engagement upon a­ny, as which exceedingly ensnareth the Consciences of the People; and that you will dis-burthen all industrious People from those perplexities that lie upon them by Excise and Customs: and raise all publick monies by way of Subsidies, ac­cording to the ancient constant custome of Parliaments.

These things would you be pleased speedily to effect, all the Free-borne People of the Land would then magnifie the good­nesse of God for those rich blessings; because, then they might securely sit down in quiet under their own Vines, under the glorious administration of Justice and Righteousness, and in the full possession of those Fundamentall Rights and Liber­ties, without which they have no comfort of Life; and for want whereof, and untill they are firmly established, the whole Land is likely to become a prey to Forraign Confederates, pre­suming to find nothing here, but divisions, distractions, and disatisfactions; and therefore we can never cease to Peti­tion for them, and for which as bound in Conscience,

We shall ever pray.

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