THat the more we consider the state and condition of our said Friends, the more we are perplexed in our thoughts with fear of great danger intended towards them: For, though no­thing hath bin pretended to be done by them contrary to any Law made before the fact whereof they are suspected, nor any thing done by them after you had published your Decla­ration concerning the same; yet your Votes and Declarations, the hostile seizure of them by the Councel of State, and their Examinations apart upon questions against themselves, no Accuser appearing face to face, nor friends allowed to be present, and thereupon committed prisoners to the Tower; do all (in a great measure) fore-judge them as really guilty of high Treason.

All which, being proceedings directly contrary to Magna Charta, the Petition of Right, and to your Late Declarations of the 9. of Febr. 1648. and of the 17. of March 1648. wherein you resolve to preserve inviolable those Fundamental Laws and Liberties concerning the Preservation of the Lives, Properties, and Liberties of the People, with all things in­cident thereunto: we are enforced to believe (what this House hath formerly found) that some eminent persons (whose particular Interest our said Friends may have opposed) have sur­prised this honorable House, and transported you into some causeless fears of danger from those our Friends, whose constant care and watchfulness for the settlement of this long wasted Common-wealth, and prevention of misery and bloudshed, hath bin so evident by their frequent motions and petitions to those just ends, especially, by that which was burnt by the common Hangman, that of Sept. 11. 1648. and their Agreement of the People; wherein are comprised such cleer Fundamentals of just Government, redress of Grievances, and con­ducements to general Peace and Reconcilement, as had their advise in any reasonable time bin taken, we are verily perswaded, much of that rancour, bitterness, and bloudshed which hath befallen, had bin prevented.

And which in our apprehensions are sufficient Evidences against all suspition of treasonable practises, or intentions in them, and may also acquit them of that aspersion of unsetled­ness cast upon them, and which we wonder did not invite a more respectful carriage towards them, than to fetch them out of their Beds and houses by so formidable partys of Horse and Foot.

And truely, if we may have leave to speak our hearts in behalf of these our friends, who for many yeers have neither spared their estates, nor time; but frequently hazarded their lives in our behalf, and for the safety and Freedom of Parliament and People. We are perswaded in our Consciences, the greatest crime, (or rather cause) for which they are thus molested is,

That they have uncessantly endeavoured to induce the Army to the real performance of those many good things, they engaged for, and largely promised to this Nation in their many Decla­rations, &c. When first they disputed and opposed the Orders of Parliament.

And for that they have endeavoured to preserve the interest of the Army, to the just interest of the People; and to reduce the Military power to a real subordination to the Civil Autho­rity.

For which their endeavours, we verily believe, they are hated by some eminent persons of the Army, whose frequent distinct actings according to their own imediate Wills, towards this Honourable House, in casting out Members without Charge brought against them, leaving or taking in only whom they pleased; and so likewise in the Army. And by their prevalency against some particular persons, hath made them presume, and (we fear) resolve, to sacrifice the bloods and lives of these our dear Friends, for standing betwixt their absolute Domination, and the Freedom of the People.

And that this may not appear to be a groundless supposition, be pleased to take notice, that our said friends have bin long aspersed by them, as Levellers, Atheists, Jesuites, &c. upon what ground, and to what end we know not, except, to prepare them to des [...]ruction; Threatning, That if once they caught hold of them, they should not escape out of their hands, as they had done out of the hands of Hollis and Stapleton; That they have deserved more to be fought against, than the most desperate Enemy: Ploting and contriving in their General Councel of Offi­cers, to get a Law to have power to hang, or otherwise put to death, as they saw cause, and that, because the Civil Magistrate could not dispatch them fast enough.

In all which their threats and contrivances, there are many circumstances to prove, they principally aimed at those our friends: And so, when neither by threats nor promises they could pre­vaile with them, to desist from preserving the Freedom of the Nation, and discovery of their designs, (as was done in their Serious apprehensions presented to this House, Febr. 26. 1648.) having absolute power in the House, where (contrary to the self-denying Ordinanc [...]) they takeup many places, (which with an Army at Command, is more than all the rest) and having got enow of themselves into their Councel of State, (contrary to their own positive consent in the Agreement of the People) they catch at an opportunity, and fall upon our Friends, with such a face of force and terror, as would have made the world believe (what ever cruelty had succeeded) there had bin a cause answerable to that force.

The like having not bin known, that persons so visible and responsible, should (to the terror of their wives children, families, and neighbors) in the break of the day, be fetched out of their beds, forced out of their houses, and carried away as prisoners of War, and after a days restraint in their Garison at White-hall, were carryed before the Councel of State, and there af­ter examination of them against themselves (no accusers appearing face to face, or friends allowed to be present) were about twelve of the clock at night, committed prisoners to the Tower, upon suspition of High Treason. In their debates whereupon, (as we are credibly informed) Lieut. Gen. Cromwel declared in the Councel, That they must break this Party in pieces, (meaning our friends) or they would break them: That if they did not do it, they would render themselves the most silly, low-spirited men in the world, to be routed by so contemptible and despicable a generation of men.

And immediately after was published your Declaration, which reflecting upon them, as persons seditious, destructive to the present Government, Mutineers, Hinderers of the relief of Ireland, and Continuers of Free-quarter, hath (with the rest fore-mentioned) so fore-spoken them, that wheresoever they come to tryal, they are likely to fall under abundance of preju­dice, besides the influence those eminent persons (who now visibly appear their particular adversaries) have upon all persons in Office, and upon the present forces in being. Insomuch as all things duly weighed, they are in truth really fore-judged and condemned; For what Judge or Jury may not unawares be captivated by so many pre-occupations and pre-possessions, or not be terrified, to do what so force-able and powerful influences so strongly incline, if not inforce them unto?

Besides, your Order for their tryal, requires the Atturney General, to take speedy course for prosecution of them; which is a disadvantage we hoped these times would have bin free from, as holding too much resemblance with those foregone, that sought by craft and sophistry to entrap and enslave plain men in their Tryals for life, estate or liberty, to the wills of Princes: the said Atturney being a Member of your House, and consequently a Judge of the Judge before whom he pleads, and (in opposition to our Friends,) representeth no less than the supreme Authority; a most unequal prosecutor, and against whom they have no plea or relief, as by Law they have against others.

Vpon all which considerations, we cannot discern it to be equal in it self, or safe for them, that they should through so many prejudices and preoccupations, be by you put upon their tryal in the upper Bench: So that how plausible soever it may seem in it self; for you to put them upon this kind of Tryal, yet all things considered, nothing more evidently tendeth to their de­struction: Nor can we discern how it can be just to try men upon a Declaration made after the fact pretended. Nor can we judge it to be reasonable, that so many Members of the Army their proffessed Adversaries, should (contrary to the self-denying Ordinance and Common equity it self) sit as Judges in this Honourable House or in the Councel of State whilst this Cause is debated; they having in effect bin charged by those our Friends in their serious Apprehensions to this House: And this proceeding towards them, appearing but as a revengful recrimination.

And therefore, if after mature consideration of the premises, you shall judge them worthy of further prosecution (as for our parts we verily believe there is no cause) we earnestly in­treat. That you will make first strict enquiry into the cause of that terror and force of souldiers used towards them, contrary to Law: repaire their credit; give them the benefit of law a­gainst whomsoever shall appear to have bin authors or actors therein, and enlarge them from their present imprisonment in the Tower.

And then, if any person have whereof to accuse them, that they be proceeded against (as by Law they ought) by Warrants from a Justice of the Peace of the Neighborhood, where the fact in question was pretended to be committed, not granted without oath made of a crime against some Law in being before the fact; and to be served by Constables, not Souldiers, And that upon appearance of the accusers and accused face to face (as by Law is due) and if the fact be baylable, then to be allowed bayl; if not, to be se [...]ured in that Legal prison appointed for that place and fact, until the next sessions (not in a Prerogative Prison, as the Tower is) and then in an ordinary way (exempt from all such pre-occupations and fore-judgings, to have the benefit of a Tryal by a Jury of twelve sworn men of the Neighborhood (not over-awed by Souldiers, nor disturbed by policy or sophistry:) A Tryal which we conceive cannot in Justice (in any circumstance) be denyed to the worst of thieves, murtherers, and traytors; and which was our real Intentions in our late Petiti­on presented to you concerning them. And (we are confident our Friends upon such a Tryal, wil prove themselves to be no such persons, but faithful friends to their Countries Liberties.

We also intreat that for the future no person may be censured, condemned, or molested, concerning life, limbe, liberty or estate, but for the breach of some Law first made and published, and that this Honourable House, would be a Pattern to all future Parliaments in leaving the tryal of all such causes to subordinate Magistrates, and ordinary proper Courts of Justice.

That the excution of Civil affaires may be wholely freed from the interposition of the Sword, and that Martial Law, during the times of peace (where all Courts are open) may not be exercised upon the persons of any whomsoever: All which, are not more evidently just in themselves, than they are consonant to Magna Charta and the Petition of Right; the benefit whereof, we trust you will never be induced to take from us.

That Captain Bray (now close Prisoner in Windsor) may immediately be enlarged, or otherwise put upon a legal tryal, as is before desired in behalf of our other Friends.

Lastly, we intreat, that there may be some general encouragement from you to proceed to a speedy settlement, by way of an Agreement of the People, upon the grounds of an equal and just Government; that so all discord, enmity, and dissatisfaction amongst former Friends may finally receive a speedy end, by and with this Parliament; and that the end of this may be the beginning of a new and equal Representative.