printed by your owne speciall authority saith is meant equals fol. 28. In which saith he fol. 29. are comprised Knights Esquires Gentlemen Citizens Yeomen and Burgesses of severall degrees but no Lords And in p. 46. he saith No man shall be disseised that is put out of seison or dispossessed of his freehold that is saith he lands or livelihood or of his liberties or free customes that is of such franchises and freedoms and free customes as belong to him by his free Birth-right unlesse it be by the lawful judgment that is verdict of his Equals that is saith he of men of his own cōdition or by the law of the land that is to speak it once for all By the due course and processe of law And saith he No man shall be in any sort destroyed unlesse it be by the verdict and judgment of his Peeres that is Equals or by the law of the land And the Lords themselves in old time did truly confesse That for them to give judgement of a Commoner in a criminall case is contrary to law as is clear by the Parliaments record in the case of Sir Simon d' Bereford 4. Ed. 3. Rot. 2. the copy of which is now in the hands of Mr. H. Martin they there record it That his case who was condemned by them for murthering King Edw. ◠shall not bee drawne in future time into president because it was contrary to law they being not his Peeres that is his Equals And forasmuch as the manner of their proceedings was contrary to all the former wayes of the law publickly established by Parliament in this kingdom as appeares by severall Statutes o o 5. Ed. 3. ◠25. Ed. 3 4. 28. E. 3. 3. 37. Ed. 3. 8. 38. Ed. 3. 9. 42 Ed. 3. 3. 17. Ri. 2. 6. Rot. parli 43. E 3. Sir Io Alees case Num. 21 22 23 c. lib. 10. fol. 74. in case delar marshalses see Cook 2 part Instit fol. 46. which expresly say That none shall be imprisoned nor put out of his free-hold nor of his franchises nor free customes unlesse it be by the law of the land And that none shall bee taken by Petition or suggestion made to the King or to his Councell unlesse it bee by indictment or presentment of good and lawfull people of the same neighbourhood where such deeds be done in due manner or by processe made or by Writ originall at the common-law Which Statutes are nominally and expresly confirmed by the Petition of Right by the Act made this present Parliament for the abolishing the Star-chamber and thereby all acts repealed that formerly were made in derogation of them But contrary hereunto the Lords like those wicked Justices spoken of by Sir Ed. Cook p p 2. Part. Instit 51. in stead of trying her husband by the law of the land proceed against him by a partiall tryall flowing from their arbitrary will pleasure and discretion c. * * Rot. part 2. 1. H. 4. mem 2. num 1.27 Instit f. 51. Book declar 58. 39. 278. 845. For though they summoned him up to their Barre June 10. 1646. to answer a Charge yet they refused to shew it him or give him a Copy of it but committed him to Newgate June 11. 1646. although he behaved himselfe then with respect towards them both in word and gesture meerly for refusing to answer to their Spanish Inquisition-like Interrogatories and for delivering his legall Protestation Their Mittimus being as illegall as their summoning of him and their own proceedings with him Their commitment running To be kept there not till hee be delivered by due course of Law but During their pleasure which Sir Edward Cook saith is illegall q q 2. part instit fol. 52 53. and then locked up close that so hee might bee in an impossibility to understand how they intended to proceed against him Wherefore your Petitioner humbly prayeth to grant unto her husband the benefit of the law and to admit him to your Bar himself to plead his own cause if you be not satisfied in the maner of his proceedings or else according to law justice and that duty obligation that lieth upon you forthwith to release him from his unjust imprisonment and to restain prohibit the illegal arbitrary proceedings of the Lords according to that sufficient power enstated upō you for the enabling you faithfully to discharge the trust reposed in you to vacuate this his illegal sentence and fine and to give him just and honorable reparations from the Lords all those that have unjustly executed their unjust Commands It being a Rule in law and a Maxime made use of by your selves in your Declaration 2. Novemb 1642. r r col declar 723. That the Kings illegall commands though accompanied with his presence doe not excuse those that obey them much lesse the Lords with which the law accordeth and so was resolved by the Judges 16. Hen. 6. s s See Cook 2. part Instit fol. 187. And that you will legally and judicially exexamine the crimes of the Earle of Manchester and Col King which the Petitioners husband and others have so often complained to you of and doe exemplary justice upon them according to their deserts or else according to law and justice punish those if any that have falsly complained of them t t 3. E. 33. 2. R. 2.5 37. E. 3. 18. 38. E 39. 12. R. 2. 11. 17. R. 2. 6. 122. p. M. 3. 1 El. 6. And that you would without further delay give us reliefe by doing us justice v v 9 H. 3. 29 2. E. 3. 8. 5. E 3. 9. 14. E. 3 14. 11. E. 2. 10. All which she the rather earnestly desiteth because his imprisonment in the Tower is extraordinary chargeable and insupportable although by right and the custom of that place his fees chamber and diet ought to be allowed him and paid out of the Treasure of the Crown he having wasted spent himself with almost six years attendance and expectation upon your Honours for justice and raparations against his barbarous Sentence c. of the Star-chamber to his extraordinary charge and dammage and yet never received a peny and also lost divers hundred pounds the yeare he was a prisoner in Oxford Castle for you Neither can he receive his Arreares for the price of his blood his faithfull service with the Earle of Manchester although he spent with him much of his own money And the last year by the unadvised means of some Members of this Honorable House was committed prisoner for above 3. moneths to his extraordinary charges and expences And yet in conclusion he was releast and to this day knoweth not wherefore he was imprisoned For which according to law and justice he ought to receive reparations but yet he never had a peny All which particulars considered doe render the condition of your Petitioner her husband and children to be very nigh
beene strong Instruments from time to time to doe the same to the whole Land And the present ground of my putting pen to paper at present ariseth from this ensuing The day the last Lord Major was elected It seemes Major Wansie a Watch-maker in Cornhill a man that in these late wars hath freely and gallantly adventured his life for the preservation of the present Parliament and Englands Liberties and some other free Citizens commonly by the Prerogative-men of London distinguished by the name of Cloak-men intended to have claimed their right to give their Vote in the election of the Lord Major as by Law and the Charters of London every free-man therof ought to do as also in both the Sheriffes c. And in case the prerogative L. Major Adams and the prerogative-Aldermen his Brethren would not permit them They then intended to deliver in a Protest in writing the Copy of which Protest within a day or two after I saw and read and not before and understanding how basely Major VVansey was used by the Marshall of London and of my Lord Majors prerogative-Mastives and how that contrary to Law Guild-Hall Gate was guarded with armed men which rendered the election in no sence to be free as all elections of all publike Officers ought to be and reading the Protest over the reason of it and the injustice offered to its well-willers It inflamed my spirit with indignation and set my very soule as it were all on fire Insomuch that I went immediatly to old Mr. Colet the Record-keeper of the Tower and asked him if hee had the originall Records of the Charters of London and understanding he had them out of my penury I bestowed three or foure pound for the Copies of those that were most usefull for me and also the Copy of H. 5. prerogative and unbinding Proclamation by vertue and authority of which they have invaded the rights of all the free men of London in divers particulars and as much as in them lies annihilated divers of the antient and just Charters and legall priviledges of this City confirmed by Magna Charta and making further inquiry of a man versed in antiquity I understood that there was an antient book in print above 100. yeares agoe containing many of the Liberties and Franchises of London for which I sent into Duck-lane and with some industry found it out which is a most excellent book which with the Records I sent to a true friend of mine to get him to translate the Records into English and all the Latine and French that is in that book who sent unto me the fore-going Discourse which in regard he was a stranger to London he was unwilling to set his name to it and I reading the Discourse and liking it very well judged my self bound in duty to my self and all my fellow-Commoners the Cloak-men of London to publish it in print and in regard by Gods assistance I intend shortly to publish and print the Records with a Cōmentary in point of Law upon them I judged it convenient hereby by way of Post-script to give you the understanding thereof and also to give you the reasons which moved me to resolve to hazard no small adventure there upon which are these First because the Prerogative-Pattentee monopolizing Merchant adventurers have contrary to Right Law and Justice robbed me of my trade whose illegall arbytrary destructive practises to the liberties freedome and prosperity of England I have in my answer to Mr. VVill. Pryn called Innocencie and Truth justified punctually anatomized as there you may reade from page 48. to page 63. Now as Paul saith 1 Tim. 5.8 If any provide not for his own family and specially for those of his own house he hath denied the Faith and is worse then an Infidell In which to me is implyed that a man must not only be provident and industrious to keepe and preserve what hee hath but also to maintain and defend his rights liberties and proprieties that they be not invaded or taken from him and this made honest Naboth that he would not part-with his Vineyard his inheritance to wicked King Ahab although he offered him very good tearmes for it 1 Kings 21.1 2 3. much lesse should I part with my trade to any illegall Monopoliser and every individuall Free-mans of London c. and that not only by the principles of nature and reason but also by the Law of England as is not onely proved by the fore-named Discourse but also by another excellent Treatise called Discourse for free Trade published about two years agoe by a Merchant of London Secondly the readinesse of the Prerogative-Magistrates of London to execute any illegall Commands upon the free-men thereof and particularly upon my self as for instance when I was prisoner in Newgate illegally committed by the house of Lords that had no jurisdiction over me in that case and when upon the 22. of June last by their Warrant they commanded me to dance attendance at their Bar for what cause they did not expresse neither know I any Law extant that authorizeth them so to do Which action I looked upon as a trampling the Lawes of the Land and the Liberties of all the free Commons of England under their feet and therefore for the prevention of further mischiefe I writ this following Letter to Mr. VVoollaston the chiefe Jaylor of Newgate under the Sheriffes of London SJR I This morning have seen a Warrant from the house of Lords made yesterday to command you to bring me this day at ten a clock before them the Warrant expresseth no cause wherfore I should dance attendance before them neither do I know any ground or reason wherefore I should nor any Law that compels mee thereunto for their Lordships sitting by vertue of Prerogative-pattents and not by election or common consent of the people hath as Magna Charta and other good Lawes of the Land tels me nothing to do to try me or any Commoner whatsoever in any criminall case either for life limb liberty or estate but contrary hereunto as incrochers and usurpers upon my freedomes and liberties they lately and illegally endeavoured to try me a Commoner at their Bar for which I under my hand and seale protested to their faces against them as violent and illegal incrochers upon the rights and liberties of me and all the Commons of England a copy of which c. I in Print herewith send you and at their Bar I openly appealed to my competent proper legall tryers and Judges the Commons of England assembled in Parliament for which their Lordships did illegally arbytrarily and tyrannically commit me to prison into your custody unto whom divers dayes agoe I sent my appeale c. which now remains in the hands of their Speaker if it be not already read in their house unto which I do and will stand and obey their commands Sir I am a free-man of England and therefore I am not to bee used as a slave
can be taken arrested attached or imprisoned but by due processe of law and according to the law of the land these conclusions hereupon doe follow First that a Commitment by lawfull warrant either in deed or in law is accounted in law due processe or proceeding of law and by the law of the land as well as by processe by force of the Kings Writ Secondly That he or they which doe commit them have lawfull authority Thirdly That his warrant or MITTIMVS be lawfull and that must be in writing under his hand and seale Fourthly The CAVSE must bee contained in the WARRANT as for Treason Felony c. or for suspition of Treason or Felony c. Otherwise if the MITTIMVS contain no cause at all if the prisoner escape it is no offence at all Whereas if the MITTIMVS contained the cause the escape were Treason or Felony though he were not guilty of the offence And therefore for the Kings benefit and that the prisoner may bee the more safely kept the MITTIMVS ought to contain the cause Fifthly the Warrant or MITTIMVS containing a lawfull CAVSE ought to have a lawfull CONCLVSION Viz. and him safely to keep untill he be delivered by Law c. and not untill the party commiting doth further order And this doth evidently appeare by the Writs of Habeas Corpus both in the Kings Bench and Common Pleas Exchequer and Chancery which there Hecites But Mr. Briscoe I am a legall man of England who in all my actions have declared a conformity to the lawes thereof and have as freely adventured my life for the preservation of them as any Lord in the Land whatsoever he be hath done And besides I have to doe with those very LORDS that have stiled themselves The Conservators of the Lawes and Liberties of England and wish in their printed Declarations the plague and vengeance of heaven to fall upon them when they indeavour the destruction and subversion thereof And therefore I expect in every particular to be dealt with according to Law my inheritance and the inheritance of all the free Commoners of England and not otherwise and my life and blood I will venture against that man what-ever he bee that shall attempt the contrary upon me for the Free-born men of England yea the meanest of them can neither by the command of the King nor by his Commission nor Councell nor the Lord of a Villain can or could imprison arrest or attach any man without due processe of law or by legall judgement of his equalls viz. MEN OF HIS OWN CONDITION or the Law of the Land against the forme of our defensive great Charter of Liberty Nay in old time a Pagan or an Heathen could not be unjustly imprisoned or attached or arrested without due processe of Law as appeares by the Lawes of King Alfred Chap. 31. and consonant to this doctrine and that forementioned in the Parliaments Declaration is the judgment of Sir Edward Cook in the 186 187. pages of the 2. part of his Institut and which was so resolved for Law as hee there declares 16. H. 6. and yet notwithstanding all the discourse I had with Briscoe the Sheriffes Clerk of Newgate about 9 a clock at night the Sheriffes the next morning sent 30. or 40. of their Varlets that wait upon the Theeves and Rogues and the Hang-man to Tyburn to carry me by force nolens volens to the Lords Bar those Vsurpers and Incrochers to receive my most illegall unjust barbarous and tyrannicall sentence My third reason is because I have not only been so evilly and unjustly dealt with this year by the Sheriffes of London but also the last year by the Lord Major of London Alderman Atkins and Mr. Glyn Recorder thereof when I was committed to Newgate by the House of Commons for what to this day I doe not yet know yet Mr. Glyn so thirsted after my blood that as I was from very good hands credibly informed he was a main stickler to get an Order to passe that House to have me tryed at the Sessions of Newgate for my life saying as I am told in the house to some members thereof turn him over to me and I will hamper him to the purpose of which when I heard it was not for me to sit still and therefore I got published certain Quere's to state my case in one side of a sheet or paper the substance of which you may read in a printed Book called Englands Birth-right And what was the issue of that businesse you may fully and truly read in my fore-mentioned answer to Mr. Pryns notorious lyes falshoods and calumnies especially in pag. 28 29 30 31 32 33 34. to which I refer the Reader And then secondly there was a false and base report raised spread and divulged by Mr. Pryn and some other of my bitter Presbyterian Adversaries those bloudy cozen-Germans to the persecuting Bishops meerly to make me and my friends odious to the people that so instead of enjoying a legall tryall and the benefit of the Law our common Inheritance we might by the rude multitude be either stoned to death or pulled in pieces which report was that I had conspired with other Separates Anabaptists to root out the Members of this Parliament by degrees beginning with Mr. Speaker whom if we could cut off as Pryn saith it in print in his book called The Lyar cōfounded all the rest would follow and if this succeeded not then to suppresse cut off this Parliament by force of Arms set up a new Parliament of our own choice faction my answer to which abominable false charge you may read in my fore-mentioned answer to him pa. 35. And there running divers of his Authentical witnesses and Creatures little better then Knights of the Post up and down London and at last one or more of them came into Houndsditch to one Mr. Rogers c. to insnare him and told him of the plot but he like a wise man apprehended him by a Constable and carryed him before the then Lord Major who dealt neither faire honestly nor justly with me nor them no nor with the Kingdome c. But in regard it may at a distance touch upon some present Member or Members of the House of Commons with whom I do ingeniously confesse I have no desire at all to contest I cease it though it was as mischevous a plot against me as ever in my life was contrived against mee and which had come out to the bottome if my Lord Major had been as just and honest as a righteous Judge ought to be and had not been so full of prerogative-principles as to feare Man more then God My fourth reason is because I have not only been robbed of my trade by the monopolizing Merchant-Adventurers and so evilly hardly and unjustly dealt with by the late Lord Major the two Sheriffes and tho Jaylors of Newgate all Mr. Recorders pride and malice all prerogative Officers in London but also have
And again if by the CoÌ„mand of God and the instinct of nature I must as much as much as in me lyes do good to all men then by the same strength of reason must I much more do good unto my selfe And therefore for me to know of and see mischiefe before my eyes intended me and to be so stupid and sottish as not to take care by all just and rationall meanes to prevent it is to be fellonious to my selfe and to do that unto my selfe which I should not do unto another no nor suffer to be done unto another But my adversaries have taken from me my liberty and tormented and tortured my body with cruel and close imprisonment and spoyled me of my trade and livelihood and disfranchised me without cause or ground by robbing me of my right and benefit in the lawes and liberties of England more deare to me then any earthly treasure whatsoever and thereby as much as in them lyes have made a slave and a beast of me and so changed the property that God created me in and now thirst after my life and blood which is all they have left me To preserve which finding no remedy at the hands of Justice by the powerfull operation of some prerogative-men there the names and qualities of whom you shall shortly knowe to whom I have appealed I send my adversaries this bone to pick as aspeciall meanes appearing so to my understanding to breake their cruel fangs and devoureing tusks and the mighty and omnipotent power of the Lord JEHOVAH goe along with it and make it effectuall for the accomplishing that end And I hope no rationall man will blame me for doing herof seeing as Iob saith eye for eye tooth for tooth and all that a man hath will he give or venture for his life And so much for the particular reasons concerning my selfe which moved me to write this I will onely give you two more which are more generall and then conclude And the first is because the greatest bondage of this land ariseth from the monopolizing patentee-Clergy who have been and still are the men that as Iohn in his Reu. Chap. 7.1 saith hould the four winds of the earth that the winde thereof should not blow upon the earth And though in Pauls time some preached the Gospel of envy and others of good will yet he forbids none to preach it but rejoyceth that it was preached by any whether in pretence or truth yea and thereat would rejoyce Phil. 1.15.16.17.18 But these Clergy-men like so many of the Divels Agents whose Kingdome is a Kingdome of darknesse set themselves on purpose to overspread the earth with blindnesse and darknesse and so by consequence with injustice cruelty and blood-shed and rather then any though never so able should preach Christ and his Gospel that will not receive power therefore from them by their mouldy greazy consecration and imposition of hands thousands and ten thousands of soulâ—s shall perish for want of knowledge and so run headlong to hell eternally yea men that will not be conformable unto them and be absolutely of their cut and fashion though never so extraordinarily adorned with the knowledge of Christ and of his will and minde shall neither eat and drinke buy nor sell amongst them no nor live nor have a habitation amongst them in the land of their nativity witnesse that most DIVELISH WICKED BLOODY VNCHRISTIAN PAPISTICALL REMONSTRANCE of the prerogative-men of London c. who amongst many other base and wicked desires would have us reduced back to the Pope of Rome againe to believe as the Church believes for they would have us be conformable in Church Government c. not onely to what is already established but what ever shall be established and to speake properly this very Remonstrance is but one of their brats which with other of their actions doth demonstrate them cleerly to be part of that Antichristian beastly power spoken of Reu. 13.11 12 13 14 15 16 17. And what Doctor Leighton in his booke called Syons Plea pag. 69. saith of the prelates in reference to the popish Bishop may we say of the present Clergy in reference to the Bishops whose office and function they have condemned for Antichristian viz. that they are garments cut out of the very same cloth a paire of sheeres as we say went but betweene them only divers hands have cut them out And to me it is the greatest riddle in the world how the Bishops can be Antichristian as themselves say and themselves Christs Ministers although they have no other ordination but what is derived from them seeing as nature tells me every like begets its like and reason also tells me that there is no being beyond the power of being and the Scripture saith without all contradiction the lesse is blessed of the greater Heb. 7.7 but no where saith the better or greater is blessed of the lesser and Iames demands a question which in reason and the ordinary course of nature is impossible to be saying Iames 3.11 doth a fountaine send forth at the same place sweet water and bitter and Iob demands to know who he is that can bring a cleane thing out of an uncleaneâ— and answers â—ot one Now these Clergy-men demonstrating by all their actions that they are the naturall and true-bred children of their bloody fathers the Prelates if not worse then they for all their faire speeches and glosing pretences to the contrary therefore we may safely avert that proposition to be true of them that Doctor Leighton in the foresaid booke pag. 51. averrs and proves to be true of their spirituall forefathers viz. that of all the evills inflicted and of all the good hindered since Anno. 600 one or more of the hierarchy have been a principall cause And I add and averr that there is no misery befallen this Kingdome nor no good hindered from coming to it since the Prelates were put downe but some of the present Clergy have been the maine principall in it witnesse their continuall and daily dividing and distracting the Kingdome in all the parts of it on â—et purpose for the establishing that divilish and tyrannicall interest of pride Lordship and Domination which they will effect or else they will lay it in blood and force Witnesse their bloody intended Ordinance brought in by Mr. Tate and Mr. Bacon And have they not already almost brought us to the doore of a new warre with the Scots which God prevent But if for a plague to us it should come upon us I hope the people of England will have their eyes opened to see the Clergy to be no small causes of it whom I hope they will not let passe without due punishment as grand disturbers of the peace of this distressed Common-wealth Seeing that the temporall and trade-Monopolizers and other prerogative-men in London are their stalking-horses by which they act their designes the more strongly the one helping the other to inslave the people and therefore are
750. And that you think nothing too good to be hazarded in the discharge of your consciences for the obtaining of these ends e e Coll. declar p. 214. 67. And that you will give up your selves to the uttermost of your power and judgement to maintain truth and conform your selves to the will of God f f Col. decla p. 666. which is to doe justice and g g Ier. 22. â—5 16 17. right and secure the Persons Estates and Liberties of all that joyned with you h h Col. declar 666. 673. imprecating the judgements of heaven to fall upon you when you decline from these ends * * Col. Declar. 4 you judging it the greatest scandall that can be laid upon you that you either doe or intend to subvert the Lawes Liberties and Freedoms of the people i i Col. decla p 264 281 494. 497. 654 694 696. Which Freedoms c. you your selves call The coÌ„mon Birth-right of English-men k k col declar p. 738 14845. who are born equally free and to whom the law of the land is an equall inheritance And therefore your confesse in your Declaration of 23. Octob. 1642. l l Pag. 660. It is your duty to use your best endevours that the meanest of the Commonalty may enjoy their own birth-right freedome and liberty of the lawes of the land being equally as you say intiteld thereunto with the greatest subject The knowledge of which as coming from your own mouthes and Pen imboldned your Petitioner with confidence to make her humble addresse to you and to put you in mind that her husband above 2 moneths agoe made his formall and legall appeal to you against the injustice and usurpation of the Lords acted upon him which you received read committed and promised him justice in But as yet no report is made of his busines nor any relief or actuall justice holden out unto him although you have since found time to passe the Compositions and pardons for the infranchising of those that your selves have declared Traytors and Enemies to the kingdome which is no small cause of sorrow to your Petitioner and many others that her hâ—sband who hath adventured his life and all that hee had in the World in your lowest condition for you should bee so slighted and disregarded by you as though you had forgot the duty you owe to the kingdome and your many Oathes Vowes and Declarations ** ** Decl. 460. 498. 666. 673 which neglect hath hastned the almost utter ruine of of your Petitioner her husband and small children For the Lords in a most tyrannicall and barbarous manner being encouraged by your neglect have since committed her husband for about three weeks close prisoner to Newgate locked him up in a little room without the use of pen ink or paper for no other cause but for refusing to kneel at the Bar of those that by Law are none of his Judges m m Magna â—harta 29 Sir â— Cook 2. 〈◊〉 Instit fol. 28 â—9 Rot. 2. Ed. 3. The cruell Jaylors all that time refusing to let your Petitioner or any of his friends to set their feet over the threshold of his chamber doore or to come into the prison-yard to speak with him or to deliver unto his hands either meat drink money or any other necessaries A most barbarous illegall cruelty so much complained of by your selves in your Petition and Remonstrance to the King 1. Decemb. 1641. n n col declar 6 7 8. and digested and abhorred there by you as actions and cruelties being more the proper issues of Turks Pagans Tyrants and men without any knowledge of God then of these that have the least spark of Christianity Honour or justice in their breasts And then while they thus tyrannized over your Petitioners husband they command as your Petitioner is Informed Mr. Sergeant Finch Mr. Hearne Mr. Haile and Mr. Glover to draw up a charge against your Petitioners husband without giving him the least notice in the world of it to fit himself against the day of his tryall but contrary to all law justice and Conscience dealt worse with him then ever the Star-Chamber did not only in keeping his Lawyers from him but even all manner of Councellors and Friends whatsoever even at that time when they were about to try him and then of a sudden send a Warrant for him to come to their Bar who had no legall authority over him to heare his charge read where he found the Earle of Manchester his professed enemy and the onely party of a Lord concerned in the businesse to bee his chiefe Judge contrary to that just Maxime of law That no man ought to be both party and judge a practice which the unjust Star-chamber it selfe in the dayes of its tyranny did blush at and refuse to practice as was often seen in the Lord Coventries case c. And without any regard to the Earle of Man hesters imment in your House of treachery to his Countrey by Lieu. Gen. Cromwel which is commoely reported to bee punctually and fully proved and a charge of a higher nature then the Earle of Straffords for which he lost his head And which also renders him so long as he stands so impeached uncapable in any sense of being a Iudge And a great wrong and injustice it is unto the kingdome to permit him and to himselfe if innocent not to have had a legall triall ere this to his justification or condemnation And besides all this because your Petitioners husband stood to his apeale to your Honours and would not betray Englands liberties which you have all of you sworn to preserve maintain and defend they most arbitraâ—ily illegally and tyrannically sentenced your Petitioners said husband to pay 4000.l to the King not to the State for ever to be uncapable to beare any Office in Church or Common-wealth either Martiall or Civill and to lie seven yeares a prisoner in the extraordinary chargeable prison of the Tower where he is in many particulars illegally dealt withall as he was when he was in Newgate Now forasmuch as the Lords as they claime themselves to bee a House of Peeres have no legall judgement about Commoners that your Petitioner can heare of but what is expressed in the Statute of the 14 Ed. 3. 5. which are delayes of justice or error in judgement in inferior Courts onely and that with such limitations and qualifications as are there expressed which are that there shall be one Bishop at least in the judgment and an expresse Comission from the King for their medling with it All which was waÌ„ting in the case of your Petitioners husband being begun and ended by themselves alone And also seeing that by the 29 of Magna Charta your Petitioners husbaÌ„d or any other Commoner whatsoever in criminall cases are not to be tried otherwise then by their Peeres which Sir Ed. Cook in his exposition of Magna Charta which book is
ruine and destruction unlesse your speedy and long-expected justice prevent the same Which your Petitioner doth earnestly intreat at your hands as her right and that which in equity honour and conscience cannot be denied her w w col declar 127 174 244 253 282 284 285 312 313 321 322 467 490 514 516 520 521 532 533 534 535 537 539 541 543 555 560. And as in duty bound she shall ever pray that your hearts may be kept upright and thereby enabled timely and faithfully to discharge the duty you owe to the kingdome according to the Great Trust reposed in you And so free your selves from giving cause to bee judged men that seeke your selves more then the publick good To the Honourable the chosen betrusted and representative Body of all the Free-men of England in PARLIAMENT assembled The humble Petition of Lieut. Col. John Lilburn a legall Free-man of England though now unjustly imprisoned by the Lords in the extraordinary chargeable Prison of the Tower of London SHEWETH THAT WHereas the Petitioner is a legall and free-born English-man and ought by the fundamentall lawes of this Land to enjoy the benefit of all the lawes liberties priviledges and immunities of a free-born man and a Commoner of England and whereas by the Lawes and Statutes of this Realm no free-man may be taken imprisoned but by lawfull judgment of his equals who are men of his own condition and the Law of the Land and by the Law of the same no man ought to be imprisoned before he be taken upon indictment or presentment by good men of the same neighbour-hood or by due processe of Law And whereas every man that is taken or imprisoned by the common Lawes of the Land ought to be bayled But he that is taken and convicted for Murder or Felony or for some other offence for which a man ought to lose life or member And by the Statutes of this Realm every man is baylable unlesse he be taken for Treason Murder Felony or some particular case excepted wherof the Petitioner is no wayes guilty But your Petitioner sheweth that he being taken and imprisoned above 4 Moneths by colour of unjust orders and an illegall sentence of the Lords pronounced against him in their house although they have no legall jurisdiction over him for supposed contempts and scandals committed against them which was nothing else then a defence of his own liberty and of all the free-men of England in a plea and defence put into the said house which contained an Appeal to your Honours against their unjust proceedings for which supposed contempts he is by their unjust sentence committed to the Tower there to remain for the space of 7. years and disabled to bear any office either Military or Civill and to pay 4000.l Fine All which proceedings of their Lordships the Petitioner doth protest against as unjust illegall and destructive to the liberties immunities and priviledges of all the Commons of England which he doubts not to free himself and all other free-born English-men of by the Justice of this honourable House to whom he hath formerly and now also doth Appeale and by the assistance of the Lawes of this Land Therefore your Petitioner doth most humbly pray that he may be inlarged at least upon bayle being by Law liable to follow and prosecute his cause depending before you and redemption from the said illegall sentence and to obtain just and legall reparations from the inflictors and executors thereof And he shall pray c. JOHN LILBURN COurteous Reader by reason I am prohibited to have Pen Ink and Paper I am forced now to write a peece and then a peece and scarce have time and opportunity seriously to peruse and correct what I write and in regard I cannot be at the Presse either to correct or revise my own lines which besides is attended with many difficulties and hazards I must intreat thee as thou readest to amend with thy Pen what in sence or quotations may be wanting or false I shal rest thy true and faithfuâ—l Country-man ready to spend my bloud for the fundamentall Lawes and Liberties of England against any power what-ever that would destroy them JOHN LILBVRN From my prerogative and illegall imprisonment in the Tower of London this present Octob. 1646. FINIS