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A62721 To the high & honourable the legal earthly supreame povver of England, the representive body thereof, the Commons elective in Parliament assembled with authority only for the weale, but not for the woe of the people. The just petition of the free-borne commoners of the county of [blank] whose names are hereunto subscribed, earnestly desiring, the prosperity of the gospell, the removall of bad, the setlement of just lawes, the freedome of this nation, and the peace and tranquilety of all men. 1659 (1659) Wing T1397A; ESTC R219762 10,952 10

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the mouth of the oppressed let therefore our cryes come freely before you and obtain speedy redresse it is that which we expect and that which you cannot justly deny us without violation even of the very end of your Parliamentary being your Election and Session therein We therefore your Brethren and fellow Commoners being in this distressed dangerous condition and not being able to suffer our Laws and freedoms to be utterly laid wast and destroyed and not to endeavour our and their just preservation and defence have thought it our duties to God to our native Country to our selves and posterities to present amongst manifold other some certaine publick disorders and oppressions with some wholesom● meanes o● 〈…〉 to your wise and grave consideration earnestly desiring as you tende● the weale and glory of this Nation the interest and freedom of the commons thereof to graunt us without all further delayes or demmurres a happy consumation of these out subsequent just desires hereunto Annexed And your petitioner as in duty bound shall ever pray c. Articles concerning your Petitioners in this Capacity of Commoners or free men of England which on the behalfe of themselves and all others their fellow Commoners of England they do humbly desire as followeth 1. That the fundamentall Birth-right and propriety of the people in their Election and constitution of Representors and Deputie to sit and act in their Parliamentarie affaires may be fully restored setled and secured ●o entire and inviolable in the hands and power of the free Commoners of England that no pretended prerogative or other priviledge whatsoever may suspend obstruct or make void the a mission or session of any Members which are or shall be Elected and constituted by the Counties Cities Townes and Burroughes of the Realme for their respective representor or deputies And that for the futurre the Election and expulsion of the Elected may be so setled in the Electors that that none may be hindred debard or expulsed from serving his Country under any colour or pretence whatsoever or for refusing the Covenant or otherwise without order ●●rst assent or con●urrence of their Countrey And that from henceforth the Commons of the severall Countrie Cities Townes and Burroughs of the land may have full power to remove and displace their respective Representors and Deputies in Parliament elected only for their weale which shall falsifie their trust betray their Countries Rights or freedomes or shall doe any thing apparently tending to the introduction of an arbitraty Power or government whatsoever Or shall refuse to present the Petitions complaints or grievances of their respective Counties Cities Townes and Burroughs to this House or shall not endeavour their redresse And upon such expulsion or removeall to elect and send others which shall be more faithfull and serviceable in their trust 2. That there may be a due and equall number of Members to sit in Parliament for the future elected in all the Counties of England according to their respective extents and limits quantity for quantitie That all Member in the House may be equally Representative and all the parties of the Kingdome be equally represented and none have greater priviledge then other but as all must be subject to the executative power of the Law so all may have an equall title and interest in the Legislative power of the Law Provided that it be so ordered ●s that the severall Counties Cities Townes and Burroughs elect in the generall no more then a Competent number 3. That every English man which must be subject to the Lawes and Acts of Parliament may have his free admission of voice in the Election of Knights and Burgesses with the greatest Subject 4. That for the better security of the interest and power of the People all titles by Prerogative Priviviledge Pattent Succession Peerage Birth or otherwise to sit and act in the Assembly of Parliament contrary to and without the free choice and Election of the People be utterly abbrogated nuld and made void and that all such so sitting may be removed from sitting therein 5. That all Statutes Acts and Ordinances whatsoever be from henceforth drawne up and published only in the name of the representative body of the Commons of England assembled at Westminster or where else shall be the place of their Session 6. That the authority of this Honourable house may be preserved and secured for the future from the obstructions and prejudice of a negative voice in any person or persons whatsoever which may disinable your Honours from the passing and establishing any act or acts for the weale and safety of the people 7. That no man may be admitted to the office of Member ship in Parliament or any other Office in the Land but for one yeare except by a new free Election and that at every yeares end to give an exact accompt of his fidelity and service upon his removall and before his readmission in case of a new Election 8. That every County may have liberty to choose some certaine number amongst themselves to inquire and present to the Parliament what be the just Lawes Customes and Priviledges of each Countie And that those Countie Commissioners be bound to receive all and every impeachment and impeachments by any person or persons whatsoever of the respective Counties against any of their owne respective Knights or Burgesses in Parliament for falsifying and betraying his or their Countries trust or any wise indeavonring the introduction of an arbitrary power in this Land And that the said Commissioners have power and be firmly bound to impeach and attach in the name of their respective Counties their said Member or Members and to bring him or them to a legall and publique tryall That in case such be found guilty justice may be executed and others in their roome by the free choyce of the people be sent And in case any such Commissioner or Commissioners shall refuse to prosecute any such complaint or impeachment that then he or they be adjudged guilty of treason 9. That the House of Commons shall not agree unto or make any Statute Law contradicttory to the just maximes of the Common Law or any of them Neither shall any such Act be binding for the time to come But that strong provision be made against all such Acts past or to be past Articles concerning Courts of Judicature offices and Officers of the Law 1. That all Courts which are not established by the old Law of the Land and all illegall offices and officers belonging to the same and all other vexations and unnecessary Courts be abolished by act of this present Parliament And that provision be made that for time to come no Courts or Officers whatsoever may be obtruded upon the free Commoners of England either by royall grant Patent Act of Parliament or otherwise contrary to the old Law of the Land 2. That according to the old Law and custome of the Land long before the Conquest There may be Courts of
Iudicature for the speedy tryall and determination of all causes whether Criminall or Civill erected and established in every Hundred for the ease and benefit of the Subject to be holden according to the old Custome twice every month for the ending of all causes Criminall and Civill whatsoever which shall happen in the respective Hundreds That the Free men of England may have a sudden quick and easie dispatch of their suits and be eased olso of their vexations and chargeable travelings from all parts of the Kingdome for processe and tryall of their suits unto Westminster-Hall 3. That all such Officers as by the antient and common Lawes of this Nation are illegible and to be chosen by the free Commons as Mayors Sheriffes Iustice of peace c. may be left to the free Election of the people in their respective places and not otherwise to be chosen And that all such publique affaires now in being Not so elected and allowed may be forthwith removed and others by the free choice of the People be constituted into their roomes Articles concerning Gaoles Gaolers and Imprisonment 1. That the extortions and oppress●ive foes of Gaolers may be redressed and eased and that strict and severe prevision be made against all Gaolers and their deputias to restrane them for the future from the like extortions and Cruelties now frequent in all the Gaoles of the Land And that there may be a strict and severe Inquisition after the blood of such prisoners as have been murthered and starved by the cruelties of Gaolers that so the persons guilty thereof may have justice execmed upon them 2. That no Prisoners be put in Irons or to other paine before conviction and condemnation 3. That there may be cleanly and wholesome provision made in all the Gaoles of England for the lodging of Prisoners at the charge and cost of the State And that no Fees for Chamber-rent for entring or diliverance or any thing in lieue thereof be exacted or demanded under a severe penalty upon the Exactors who are in that case to be proceeded against and judged as for matters of theft 4. That all persons committed for treason or murther that shall breeke prison or attempt an escape if discovered and apprehended be taken pro Confiss● and dye without mercy And that such as are committed for theft and shall make an escape upon their apprehension be put to perpetuall Servitude for the benefit of the State 5. That neither the high Court of Parliament nor any other inferior Court or Magistrate whatsoever may commit any free man of England to Prison upon any pretended contempts as is frequent in these dayes but only for transgression and breach of the knowne Lawes of the land And for the future to award the free Commons of England from the revenge of Arbitrary Spirits That strong provision be made by the Authority of this present Parliament to that end 6. That there may be a severe penalty provided against all Gaolers and their Deputies which shall receive any person or persons whatsoever without a lawfull charge or commitment drawne up in writing according to the true forme of the Law with a lawfull cause therein expressed and with a lawfull conclusion him safely to keep untill he shal be delivered by due processe of Law according to Magna Charta and the Petition of Right and not at the will and pleasure of the Committer 7. That strong provision be made against all such Gaolers as shall detaine any person or persons in prison after a lawfull discharge as is frequent in all the Gaoles of the Land whereby many poore free Commoners of England have been starved and dyed of hunger 8. That all such Commoners as are imprisonned for the just maintenance of any lawfull interest and propriety of the Commons of England be forth with dischargad by order of this honourable House from their respective imprisonments and that ample and due reparations according to their respective dammages and sufferings be an swerably and effectually conferred upon them 9. That all criminall persons that are condemned and reprived may be acquit and set free and all persons in prisoned for debt or for any other pretended offences contrary to the fundamentall lawes of the Land may be deliuered and set free out of prison Articles concerning the Lawes and corruptions thereof with other publique Grievences 1. That all the Lawes of the Land lockt up from common capacities in the Latine or French tongues may be translated into the English tongue And that all Records Orders Processes Writs and other proceedings whatsoever may be all entered and issued forth in the English tongue and that in the most plaine and Common Character used in the Land commonly called Romand or Secretary and that without all or any Latine or French Phrases or tearmes and also without all or any abreviations or abridgements of words that so the meanest English Commoner that can but read written hand in his owne tongue may fully understand his owne proceedings in the Law 2 That all exorbitant fees of Offices and officers belonging to the Law of the Land may be regulated and abated 3 That a more sure and speedy way of dispatch of the suits of such persons as through extreame proverty are not able to recover their properties and rights may for the time to come be established and setled in the Land 4. That no free Commoner of England be inforced or put either by the high Court of Parliament or by any subordinate Court Officer or Minister of Iustice whatsoever in the Land to make oath or to answer upon 〈◊〉 to any Interrogatories concerning himself in any criminall case concerning his life liberty goods or free-hold And that neither the High Court of Parliament nor any subordinate court officer or Minister whatsoever before Indictment presentment verdict of 12. men or other due processe of Law may take away any free Commoners life liberty goods or free-hold contrary to the State of Magna Charta cap. 29.25 Ed. 3. c. 4.28 E. 3. c. 3.42 Ed 3. c. 3.1 Eliz. ●ar 1. c. 5. That all Statutes made for the compulsion of persons to heare the Common Prayer Book and for the exercise of other Popish Rits and Ceremonies may be abrogated and taken away and that all and singular persons indicted imprisoned or otherwise molested upon the aforesoid Statutes may be inlarged and relieved 6. That all Statutes made concerning Hunting and preservation of Game may be repealed 7. That all single Orders made by the House of Lords may be made voide 8. That whosoever whether Parliament man Noble man or Commoner shall imprison indict or otherwise molest any free man of England and shasl not by due processe of Law make good the charge and accusation against him that the same person that prosecutes whatsoever he be may suffer the same penalty which by Law is due to such crimes and offences so uniustly charged And that in such cases there may be a certain