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A94693 To the supreme authority of the nation the Commons of England, assembled in Parliament. The humble petition of divers well-affected persons in the cities of London and Westminster, the borough of Southwark, hamblets, and parts adjacent. In behalf of Lieut. Coll. John Lilburn, M. William Walwin, M. Thomas Prince, and M. Richard Overton, now prisoners in the Tower. 1649 (1649) Wing T1730; Thomason 669.f.14[20]; ESTC R211104 4,146 1

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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