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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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TO THE SVPREME AVTHORITY OF THE NATION The COMMONS of ENGLAND Assembled in Parliament The Humble Petition of divers well-affected Persons of the Cities of London and Westminster the Borough of Southwark Hamblets and Parts Adjacent In the behalf of Lieut. Coll. John Lilburn M. William Walwin M. Thomas Prince and M. Richard Overton now Prisoners in the Tower Sheweth 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