downe many strong and solid arguments to prove that the House of Lords have not justly neither judicative noe legislative power at all in them and in his 94. 95 96 97 98. pages he declares from very sound and good authority that before William the Conquerour and invader subdued the rights and priviledges of Parliaments that the King and the Commons held and kept Parliaments without Temporall Lords Bishops or Abbots the two last of which viz. Bishops and Abbots he proves had as true and good right to sit in Parliament as any of the present Lords now sitting at Westminster either now have or ever had yea and out of the 20. 21. pages of that notable and very usefull to be knowne book called the manner of holding Parliaments in England before and since the conquest c. declares plainly that in times by past there was neither Bishops Earle nor Baron and yet even then the Kings of England kept Parliaments with their Commons only and though since by innovation Bishops Earles and Barons have been by the Kings prerogative Charters which of what legall or binding authority they are you may fully read in the Lords and Commons Declaration this present Parliament summoned to sit in Parliament yet not withstanding the King may hold a Parliament with the Commonalty or Commons of the Kingdome without Bâ—shops Earles and Barons and saith Mr. Will. Prynn in the 1 part of his Soveraign Power of Parliaments pag. 43. which booke is commanded to be printed by speciall authority of the present House of Commons out of Mr. Iohn Vowells manner of holding Parliaments which is recorded in Holingh Cron of Ireland fol. 127. 128. that in times by past the King and the Commons did make a full Parliament which authority was never hitherto abridged Yea this present Parliament in their Declaration concerning the Treaty of Peace in Yorkshire 20 Septem 1641. betwixt the Lord Fairfax c. and Mr. Bellasis c. book decl 1. part pag. 628. doe declare first that none of the parties to that agreement had any authority by any act of theirs to bind that Country to any such Nutrality as is mentioned in that agreement it being a peculiar and proper power and priveledge of Parliament where the whole body of the Kingdome is represented to bind all or any part And we say the body of the Kingdome is represented only in the House of Commons the Lords not being in the least chosen or represent any body at all yea and the House of Commons calls their single order for the receiving of Pole-money May 6. 1642. 1. part decl pag. 178. An order of the House of Parliament yea and by severall single orders have acted in the greatest affaires of the Common-wealth And yet notwithstanding all this the Lords like a company of for-sworne men for they have often solemnly sworne to maintaine the Law have by force and violence indeavoured to their power and contrary to law to assume to themselves a judicative power over us who are Commons of England in criminal cases and for refusing to stoop therunto have barbarously for many moneths tirannized over us with imprisonments c. And we according to that duty we owe to our native country and to our selves and ours for the preservation of our selves and the good and just declared lawes and libertise of England and from keeping our selves and our posterities from vassalage and bondage did thereupon according to law and justice appeale to the honourable House of Commons as you may truly and largely read in divers and sundry bookes published by us and our friends as the supreame and legall power and judicature in England whom we did thinke and judge had been chosen of purpose by the free men of England to maintaine the fundamentall good lawes and liberties thereof but to their everlasting shame and the amazement of all that chose and betrusted them We are forced to speake it we have not yet found any reall intentions in them to performe unto us the trust in that particular reposed in them by the whole Kingdome neither have we any grounded cause to say in truth any otherwise of them but that they are more studious and industrious-unjustly in deviding hundred thousands of pounds of the Common wealths Money amongst themselves then in in actuall doing to us in whom all and every the Commons of England are concerned for what by the wills of the Lords is done to us to day may by done to any Commoner of England to morrow either justice or right according to their duty and their often sworne oathes though we have not ceased continuall to the utmost of our power legally and iustly to crave it at their hands as you may fully read in our forementioned printed bookes Sure we are they tell us in their printed Declarations that they are chosen and betrusted by the people 1. part decl pag 171 172. 263 264 266. 336 340 361 459. 462. 508. 588 613 628. 690. 703 705 711. 714. 716. 724 725. 729. And that to provide for their weale but not for their woe booke decl 1. part page 150. 81. 382. 726. 728. And they in their notable Declaration of the 2. Novemb. 1642. booke decl 1 part pag. 700. expresly tell us that all interests of publique trust is only for the publique good and not for private advantages nor to the prejudice of any mans particular interest much lesse of the publique and in the same page they further say that all interests of trust is limitted to such ends or uses and may not be imployed to any other especially they that have any interests only to the use of others as they confesse all Interests of trust are cannot imploy them to there owne or any other use then that for which they are intrusted yea and page 266. see 1. part book decl pag 687 they tell the King that the whole Kingdome it selfe is intrusted unto him for the good and safety and best advantage thereof and as this trust is for the use of the Kingdome so ought it to be managed by the advice of the Houses of Parliament whom the Kingdome hath intrusted for that purpose it being their duty to see it be discharged according to the condâ—tion and true intent thereof and as much as in them lyes by all possible meanes to prevent the contrary And therefore negatively in the second place we are sure that the House of Commons by their owne Declarations were never intentionally chosen and sent to Westminster to devide amongst themselves the great offices and places of the Kingdome and under pretence of them to make themselves rich and mighty men with sucking and deviding among themselves the vitall and heart blood of the Common wealth viz. its treasure now lying not in a swound but even a gasping for life and being but let us see whether this and other of their late doings be according to their former protestations imprecations and just Declarations which if they be not
to be delivered in which regard they have all left the City and Parliament as dispairing in obtaining their just end at the present and are gone down into the Country truly to acquaint the rest of their friends how they have been dealt with we judge it our duty that we are so much bound to our selves and the whole Kingdome though we must truly confesse that we have no such Commission from the petitioners not their Commissioners as to publish a true Copy of their Petition and instructions which thus followeth To the right Honourable the betrusted Knights Citizâ—ns and Burgesses in the Commons House of Parliament Englands legall Soveraign power Assembled The humble Petition of the Inhabitants of Buckingham-shire and Hartford-shire c. Whose Names are hereunto subscribed HVMBLY SHEWETH THat your Petitioners and the rest of the free-men of England before the beginning of this Parliament being almost destroyed of their Lawes Libertyes and Freedoms by the arbitrary machinations politick designes and practises of the Pattentee-Monopolizers and of other arbitrary supplanters and Agents which laboured to subvert the Fundamentall Constitutions of this Realme and to set up a tyrannicall Government tending to the utter vassalage and overthrow of all the free people of this Kingdome together with their Naturall Nationall and Legall Rights and Liberties God putting into our hands an opportunity to free our selves from those tyrannies and oppressions We for our better weal and happinesse chose and betrusted your Honours for the same end and purpose and to that end we have elected invested and betrusted you with our indubitable and naturall power and Birth-rights for the just and legall removall of our Nationall Evills In the expectation whereof we have waited ever since your first siting continually and cheerfully assisting you with our lives persons and estates being much incouraged thereto by the severall Protestations and Declarations wherein you have solemnly protested before the great God of Heaven and Earth and to the whole world declared your upright and well grounded resolutions to vindicate the just liberties of every Free-borne English man without exception Now therefore our most humble request unto your Honours is that you would according to your duties and the Great Trust reposed in you take into your consideration the slavish condition that we the free People of England are yet subject unto by reason of those Arbitrary practises that are still continued acted and perpetrated upon us by some prerogative men of this Kingdome whom we humbly conceive have no power over our bodies or Estates they being not Elected thereunto by the free-men of England and therefore may not Commit our bodies to prison contrary to the Fundamentall lawes of this Kingdome as we suppose hath been done to some Free-men of this Kingdome without producing any Legall Authority that your Petitioners can heare of for what they did Wherefore your Petitioners most humble desire is that you would according to the respective Appeals of the said Free Subjects unto this Supream House be pleased to take their cause into the legall judgement and speedie determination of this House as the whole matter thereof shall be reported unto you by the honourable Committee for consideration of the Commons Liberties who have their whole manner of the proceedings against them together with their respective defences ready to represent unto your Honours and to grant unto them your indubitable justice according to their late Petitionary and still constant desires whereby they may receive the Sentence of this House either for their present justification or condemnation that they may not be ruined and undone by an arbitrary and injustifiable Imprisonment And if that through the urgent affaires of the Kingdome your occasions will not afford you so much time as to consider and expedite their businesse at present Our humble request is that you would by an Order from this House forthwith set them free out of Prison they giving legall security for their future forth comming untill such time as your honours shall be pleased to hand out to them full and effectuall justice And that you would be pleased in case the principall Informers and Actors be found guilty to grant them full and ample reparations according to the Law of the Land And further that you would take care for the time to come to free us and our children from the feare and prejudice of the like Aâ—bitrary and Prerogative proceedings according to your late promise in your most just Declaration of the 17. of Aprill 1646. And your Petitioners as in duty bound shall ever pray c. Instructions agreed upon as the sence of the Petitioners of Buckingham-shire and Hartford-shire First the persons imprisoned Lieutenant Collonel John Lilburn Mr. Overton his Wife and Brother Mr. Larners Brother and Maid c. Secondly by Prerogative-men we mean such as sit to try Commoners and are not elected by the free choice of the People viz. the House of Lords Thirdly by Arbitrary practices we meane such as are contrary to the Law of the Kingdome As first for any persons to try those their are not their Peers or Equalls witnesse Magna Charta C. 29.3 E. 1.6 Sir Edward Cookes exposition of the 14 and 29 C. of Magna Charta c. as the House of Lords have done and would have done all the above mentioned Secondly For any to imprison men for not answering to Interrogatories in Criminall Causes We must professe to all the world we are in amazement and almost at a stand when we consider that the House of Commons who are chosen and betrusted by the people for no other end in the World but to maintaine preserve and defend their Lawes and liberties and to redresse their mischiefes and grievances and to provide for their earthly happinesse and well-being book decl 1. part pag. 150. which they have so often sworn vowed protested and declared to doe that they should be so negligent in performing their trust and duty and making good their Oathes and Vowes in not doing us justice and right according to the Lawes of the Kingdome who have legally and formally long since appealed to them for that end but suffer before their faces the tyrannicall House of Lords arbitrarily and illegally to destroy us and to tread and trample under their feet the Lawes and Liberties of all the Commons of England and so by consequence make us all Vassals and Slaves to their tyrannicall lusts and wills But Considering that by natures principall we are bound to the utmost of our power to preserve our selves and to leave no wayes and meanes unattempted that tends thereunto we cannot yet sit still but goe on and the rather because our Iudges to whom we have appealed to for justice tell us in their Declaration of the 19. May 1642. 1. part book decl pag. 207 That this Law is as old as the Kingdome That the Kingdome must not be without a meanes to preserve it selfe the ground and reason of which Law
extends to the benefit of every particular individuall man in the Kingdome whose destruction contrary to the law of the Land is indeavoured by those that should preserve them which is our case as well as it was theirs in reference to the King with whom we have to doe and therefore we desire for the satisfying of all to whom this is directed to declare out of their owne Declarations their arguments against the King when he ceased as they say page 636. 580. to extend his legall protection and iustice to them but this by the way we must aver that we are very confident the King is ten times more fortified and hedged about with the Law of the kingdome then they are Which wee demonstrate thus they are all as they call themselves Subjects and therefore though their priviledges be great as they are Parliament men yet they are or at least ought to be by their owne confession subject to the severitie of the Law in cases of treason felony and breach of the peace 1. part book decl pag. 48. 278. which is also averred by that able and learned Lawyer Sir Edward Cooke in his 4. part institutes chap. of the high Court of Parliament fol. 25. which booke is published by their owne speciall Order but we read not in any of their Declarations that they themselves aver any such thing of the King And therefore if by themselves their arguments be esteemed just and sound against him for not doing his duty who is much more fortified by Law then themselves then much more when they cease to doe their duty and in practise destroy the lawes and liberties of the Kingdome and subject the free men thereof to an Arbitrary and tyrannicall power which we aver they have done us will their owne arguments serve and bee sound and good against themselves Therefore we desire to declare unto you that when they apprehended themselves in danger they sent unto His Majestie the 31. Decem. 1641. book decl 1 part pag. 44. and desire him that they may have a guard in which message they have these words They have therefore their recourse unto your Maiestie most humbly beseeching you that if it may â—end with your good lâ—king if they provide for their owne safety which the very Law of nature * * Mark it well and reason doth allow unto them it is their humble desire that they may have a guard out of the City of London commanded by the Earle of Essex Lord Chamberlaine of your Maiesties house-hold of whose fidelity to your Maiestie and the Common Wealth they have had large experience And in their Petition to his Maiestie about the Militia 2. March 1641. book decl â— part pag. 92 93 94 after they have told his Majestie what danger they are in for want of setling the Militia they use these very words Wherefore they are inforced in all humility to protest that if your Maiestie shall persist in that denyall the dangers and distempers of the Kingdome are such as will indure no longer delay But unlesse you shall be graciously pleased to assure them by thâ—se messengers that you will speedily apply your royall asseâ—t to the satisfaction of their former desires they shall be inforced for the safety of your Maiesty and your Kingdomes to dispose of the Militia by the authority of both Houses in such manner as hath been propounded to your Maiestie and they resolve to doe it accordingly And a little below they beseech his Maiestie to be informed by them that by the Lawes of the Kingdome the power of raising ordering and disposing of the Militia within any City Towne or other place cannot be granted to any Corporation by Charter or otherwise without the authority and consent of * * Observe this well yee free men of England Parliament and that those parts of the Kingdome which have put themselves into a posture of defence against the Common danger have therein done nothing but according to the Declaration and direction of both Houses and what is iustifiable by the Lawes of the Kingdome And in their Declaration of the 19. May 1642. pag. 202. they say wee must maintain the ground of our feares to be of that moment that we cannot discharge the trust and duty which lyes upon us unlesse we doe apply our selves to the use of those meanes to which the Law hath inabled us in cases of this nature viz. to settle the Militia without and against his consent for the necessary defence of the Kingdome and as his Maiesty doth gratiously declare the Law shall be the measure of his power so doe we most heartily professe that we shall alwayes make it the rule of our obedience But O say wee that you had not now forfeited all your credit by notoriously violating your never intended to be kept promises And in their Petition to the King about the businesse of Hull pag. 465. 466. they say we shall be ready to settle the Militia in such way as shall be honourable and safe for your Maiestie most agreeable to the duty of Parliament and effectuall for the good of the Kingdome that the strength thereof be not imployed against it selfe And we say we wish it may not to the setting up of a tyranny of another nature but worse then the former we groaned under But we go on to their answer of the Kings positions which answer is annexed to their great Declaration of the 2. No. 1642. where in the third answer pag. 726. they say that we did and doe say that a Parliament may dispose of any thing wherein the King or any Subiect hath a right in such way as that the Kingdome may not be in danger thereby and that if the King being humbly sought unto by his Parliament shall refuse to ioyne with them in such cases the representative body of the Kingdome is not to sit still and see the Kingdome perish before their eyes and of this danger they are Judges Here may be an excellent Argument drawne from the greater to the lesse which will undeniably hold good against the Arbitrary and Illegall practises of the Parliament which wee in our particulars groane under Now all these things considered we hope it iustly cannot be taken ill at our hands by the Parliament nor by any rationall or understanding man in the Kingdome though never so much deuoted unto implicite and blind Presbyterian Synodian obedience if we for our preservation shall tread in the Parliament steps by appealing to the People against them as they did against the King especially considering they deale worse with us then ever he dealt with them for hee did not actually imprison their bodies and thereby rob them of their liberties trades lively hoods and subsistance and allow them nothing to live upon and expose their whole families to the eye of reason to an unavoydable famishing and perishing condition all and every of which contrary to the Law of the Land Justice reason and conscience they have
actually with a great deale of Barbarous cruelty done to us But before we doe solemnly seriously and actuall appeale to the people as of necessity if by them we cannot inioy iustice and right and the benefit of the knowne and unrepealed Lawes of the Land which is all we crave or desire We both must and will cost it hanging or burning or what ever it will we desire from their owne words to make our way plaine before hand and the more to leave them without excuse before God and all our fellow Commons of England Seeing skin for skin and all that a man hath will he give for his life Iob 2. And therefore in the first place we must professe in their owne words in their Declaration to the States of Holland pag. 637 that we have no other designe in the world but not to be destroyed and save our selves Lawes Liberties and Freedomes and let not them say if we should formally appeale to the people that we malitiously indevour to dissolve the whole frame and constitution of the civill pollicy and government of this Kingdome into the originall Law of nature by arraigning and condemning before the people the High Court of Parliament from whence legally there can be no appeale we doe truly confesse and owne the Honourable House of Commons whose iust interest wee honour with all our hearts to be to us the legall supreame power in the Kingdome from whom we conceive in law we have no higher appeale but if the House of Commons will not doe us justice and right and so discharge their trust and duty but suffer the Lords contrary to the Law of the Land which they have sworne to maintain to murther and destroy us our wives and children and by consequence the liberty of all the Commons of England we cannot nor dare not for fear of being Traitors and fellons to our selves sit still and willingly suffer our selves contrary to the good and just Lawes and constitutions of the Kingdome to be destroyed by the Lords who in Law have no more power to commit our bodies to prison being Commoners then wee have to commit theirs Therefore it is not we but they themselves that dissolve the legall frame and constitution of the civill policy and government of the Kingdome by suffering will and lust but not law to rule and governe us and so reduce us into the originall Law of nature for every man to preserve and defend himselfe the best he can and therefore since it must be so for so it is we in their owne words pag. 690. say in Gods name let the people Iudge every man within his owne breast whether they or we are most guilty of the foresaid charge But we come to their owne words in their appealing to the people and craving their aid and assistance to helpe to preserve them against those that they say contrary to Law would have destroyed them and we shall begin in the first place with the Protestation which they made and tooke the 3. of May 1641. and by an Order of the 5. May 1641. give their approbation to the taking it by any Commoner of England in the preamble of which they spend much time to demonstrate that there have been and still is a strong indeavour by a Malignant party to subvert the Fundamentall Lawes of England c. And to introduce the exercise of an Arbitrary and tyrannicall government and therefore they sweare and protest they will maintaine the lawfull Rights and Liberties of the Subject and every Person that maketh this protestation in what soever he shall doe in the lawfull persuance of the same And to my power and as far as lawfully I may I will oppose and by all good wayes and meanes indeavour to bring to condigne punishment all such whether Lords or Members of the House of Commons without exception as shall either by force practise counsells plots conspiracies doe any thing to the contrary and by their Vote of the 30 Iune 1641. They say that what person soever will not take this Protestation is unfit to beare office in the Church or Common-Wealth Now let us see what use they make of this Protestation against the King and we shall find in the 1. part book decl pag. 190. 191. The Vote of the House of Commons in these words Resolved upon the Question That this House doth declare that if any person whatsoever shall arrest or imprison the persons of the Lords and Gentlemen or any of them or any other of the Members of either House of Parliament that shall be imployed in the service of both Houses of Parliament or shall offer violence to them or any of them for doing any thing in pursuance of the commands or instructions of both Houses shall be held disturbers of the proceedings of Parliament and publique enemies of the State And that all persons * * Marke it well ye Commons of England are bound by their Protestation to endeavour to bring them to condigne punishment An Order of the selfe same effect you may read pag. 156. made by them 26. Appill 16â—2 And in their Declaration of the 26. May 1642 pag. 278. speaking of the Kings proclaming Sir Iohn Hotham a Traytor without due processe of Law they declare it not only a breach of the Priviledge of Parliament but a subvertion of the Subjects common right yea and such a breach of the Priviledge of Parliament as that the very being thereof depends upon it and therefore say they we no wayes doubt but every one that hath taken the Protestation will according to his solemn Vow and Oath defend it with his life and fortunes And in their Declaratioe of the 19. May 1642. pag. 214. speaking of the many difficulties that they are forced to incounter with in the discharge of their duty to the Kingdome they say yet wee doubt not but we shall overcome all this at last if the people suffer not themselves to be deluded with false and specious shewes and so drawne to betray us to their owne undoing who have ever been willing to hazzard the undoing of our selves that they might not be betrayed by our neglect of the trust reposed in us And in their smart Declaration of the beginning of August 1642 pag. 496. replying unto his Majesties Answers to their propositions they say And having received so sharp a return such expressions of bitternesse a justification and a vowed protection of Delinquents from the hand of Iustice Demands of so apparent danger such manifestations of an intention to destroy us and with us the whole kingdome and this most cleerly evidenced by their subsiquent actions even since these propositions have been made unto us from his Majestie over-running severall Countries compelling the Trained Bands by force to come in and joyne with them or disarming them and putting their Armes into the hands of leud and desperate persons thereby turning the Armes of the Kingdome against it selfe it be not fit for us not only
compose it but inflamed the people because he saith they knew they should not only be disappointed of the places offiâ—es honours and imployments they had promised themselves but be exposed to the justice of the law and the just hatred of all good men All which they in their antient and primitive Declarations disdaine as most dishonourable to be fixed upon them or supposed ever intentively to be acted by them especially so visibly that any should be able to see it and therefore in their Remonstrance bo dee 3. par pa. 264. they labour to perswade the people not to destroy themselves by taking their lives liberties and estates out of their hands whom they have chosen and betrusted therewith and resigne them up to some evill Counsellours about his Majestie who they say are the men that would perswade the people that both Houses of Parliament containing all the Peers and representing all the Commons of England would destroy the Laws of the land and liberties of the People wherein besides the trust of the whole they themselves in their owne particulars have so great an interest of honour and estate that we hope it will gaine little credit with any that have the least use of reason that such as have so great a share in the misery should take so much paines in the procuring thereof and spend so much time and run so many hazzards to make themselves slaves and to destroy the property of their estates But we lay in the bitternesse of our soules O! that their actions and dealings with us and many other free men of England had not given too just and grounded cause to judge that the forementioned charge of the Kings was righteous just and true upon them and which if their owne consciences were not seared with hot Irons and so past feeling would tell them with horror that he spoake the truth And in the forementioned most notable Declaration pag 494. one of the principall things they complaine of against the King and his evill Counsellers that they endeavour to possesse the people that the parliament will take away the law and introduce an arbitrary Government a thing say they which every honest morall man abhors much more the wisedome justice and piety of the two Houses of Parliament * If so then as Samuel said to Saul 2 Sam. 15.14 What meanes then this bleating of the sheep to my eares and the lowing of the Oxen which I beare and in truth such a charge as no rationall man can beleeve it it being impossible so many severall persons as the houses of Parliament consists of about 600. and in either House all of equall power shall all of them or at least the Major part agree in acts of will and tyranny which make up an arbitrary government * Out of thy own mouth will I iudge thee Luke 19.22 for if this diffinition of tyranny be true we are very sure we are under it and most improbable that the nobility and chiefe Gentry of this Kingdome should conspire to take away the law by which they injoy their estates are protected from any act of violence and power and differenced from the meaner sort of people with whom otherwise they should be but fellow servants And when they come to answer the Kings maine charge laid to them in his Declaration in answer to theirs of the 26. of May 1642. they say book decl pag. 694. As for that concerning our inclination to be slaves it is affirmed that his Majestie said nothing which might imply any such inclination in us but sure what ever be our inclination slavery would be our condition if wee should goe about to overthrow the Lawes of the Land * We say no more but wish you had not and the propriety of every mans estate and the liberty of his person For therein we must needs be as much patients as Agents * No not so for you have a power to carve for your selves which you doe and must every one in his turn suffer our selves whatsoever we should impose upon others we have ever refused to doe or suffer our selves and that in a high proportion But there is a strong and vehement presumption that we affect to be Tyrants and what is that because we will admit no rule to governe by but our own wills * See 1. part of book decl pag. 696. But we wish the charge might not too truly be laid upon you For our parts we aver we feele the insupportable weight of it upon both our shoulders And therefore to conclude this we desire to informe you that in severall of their Declarations they declare and professe they will maintaine what they have sworne in their protestation the which if you please to read you shall find there amongst other things that they have sworne solemnly to maintaine the lawfull rights and liberties of the Subject and every person what ever that shall lawfully indeavour the preservation thereofe and therefor book decl 1. part pag. 497. they solemnly Imprecate the Iudgements of God to fall upon them if they performe not their vowes * Which undoubtedly will if the word of God bee true Num. 30.2 Deut. 23.21.22 Eccle. 5.4.5 promises and dutyes and say woe to us if we doe it not at least doe our utmost indeavours in it for the discharge of our duties and the saving of our soules and leave the successe to God Almighty Now what the liberty of the Subject is they themselves in their Declarations excellent well discribe and declare that it is the liberty of every Subject to injoy the benefit of the law and not arbitrarily and illegally to be committed to prison but only by due course and processe of law nor to have their lives liberties nor estates taken from them but by due course and processe of Law according to Magna Charta and the Petition of Right who condemnes as unjust all Interrogatorie proceeding in in a mans owne case nor to be denied Habias Corpusses nor baile in all cases whatsoever that by law are baileable and to injoy speedy tryalls without having the just course of the Law abstructed against them 1. part booke decl pag. 6. 7. 38 77 277. 201. 278. 458 459 660. 845. Yea in their great Declaration of the 2. Novemb. 1642. booke decl 1 part pag. 720. they decleare it is the liberty and priviledge of the people to Petition unto them for the ease and redresse of their grievances and oppressions and that they are bound in duty to receive their Petitions their owne words are these we acknowledge that we have received Petitions for the removall of things established by Law and we must say and all that know what belongeth to the Course and practise of Parlâ—ament will say that we ought so to doe that our predicessors and his Majesties Ancestors haue constantly done it there being no other place wherein Lawes that by experience may be found grievous and burthensome can be altered
or appealed and their being no other due and legall way wherein they which are agrieved by them can seeke redresse yea in other of their Declarations they declare that is the liberty of the people in multitudes to come to the Parliament to deliver their Petitions and there day by day to waite for answers to them 1 part book decl pag. 123. 201. 202. 209 448. And there is not a little harmony betwixt these their Declarations and the antient and just Law of the Land as appeares by the statute of 36. E. 3. 10 which expresly saith thâ—t for maintenance of the law and redresse of divers mischiefes and grievances which dayly happen a Parliament shall be holden every yeare as another time was ordained by a statute of the 4. E 3. 14. yea saith learned Sir Edward Cooke in the 4 part of his in stâ—tutes chap. high Court of Parliament fo 11. One of the principall ends of calling of Parliaments is for the redresse of the mischiefes and grievances that dayly happen and therefore saith he Ibim the Parliament ought not to be ended while any Petition dependeth undiscussed or at least to which a determinate answer is not made but truly we are afraid that if this last rule should be observed this present Parliament must sit tell the day of judgement for we foe our particulars may truely say it is the furthest thing in their thoughts duly to redresse the grievances of the people for care they take none for any thing we can see but how to accomplish their owne pecuniary ends and to study wayes how to increase mischiefe and grievances and to involve the generallity of the people in an everlasting case of confusion by making their wills and lusts a law their envy and malice a law their coveteousnesse and ambition a law for we for our parts are necessitated to declare with anxiety of spirit that we can obtaine no justice nor right at their hands though we have long since appealed to them for it yet can we not obtain so much justice from them as to get our reports made in the House from their owne Committee they themselves appointed to examine our businesse neither can we so much as get our businesse publiquely debaited in the House because as it seemes they have no time to spare to spend to redresse the Commons grand grievances from their weighty Imployments in unjustly sharing vast sums of the Common wealths money among themselves although we have not ceased to use all the legall meanes that both our own braine and all the friends and interests we had about London could furnish us with and when they failed us God himselfe raised us up divers friends in the Country of our fellow Commons who made ouâ— oppressions their owne and of their selves before we know any thing were about framing a Petition in our behalfe which as soone as wee knew it we could not chuse but tooke upon it as to us in the nature of a resurrection from the dead who we have too iust cause to thinke were buried alive and swallowed up quick in the Canaball breasts and mans of the man eating and devouring House of Lords And therefore as Paul in the like case said in the 2 Tim. 1.16 17 18. The Lord gâ—ve mercy unto the house of Onesiphorus for he oft refreshed me and was not ashamed of my chaine But when he was in Rome he sought me out very diligently and found me The Lord grant unto him that he may find mercy of the Lord in that day Even so say we in the inlargednesse of our soules the Lord give mercy to the honest man-like and Saint like Inhabitants of Buckinghamshire and Harford shire for they have greatly and extraordinarily refreshed us and were not ashamed of our chaines and bonds for the libertys of their country and when they were in London sought us out very diligently and found us and not only so but the greatest part of ten thousand of them as we understand subscribed a petition for us to the House of Commons to desire them according to their duty to deliver us out of the devouring Paus of the tyrannicall House of Lords and to free us from their arbitrary and illegall power and divers hundreds of them at their owne costs and charges through much underhand opposition came to the Cities of London and Westminster about or upon the 10. Feb. 1646. But not finding speedy and free accesse to the House of Commons with their Petition according to their just expectation their owne primative practice and publiquely declared duty in which regard they left behind them 6. of themselves as Commissioners for all the rest to improve their utmost interests to get the Petition to be delivered and read in the House and gave unto them instructions in writing to explaine some things in the Petition in case they were called into the House and then to give a perfect account unto them what was done about their petition but their Commissioners waited with all deligence upon the House till the 17 or 18. of Feb. 1646. and improved as we credibly understand all their interests in all or the most of their own Knights and Burgesses c. but could not by all the meanes they could use get their Petition read in the House the reason of which we are not able to render unlesse it be that the peoples chosen trustees of the house of Commons are resolved to betray their trust and to sacrifice the lives liberties and proprieties of all the Commons of England to the mercilesse tyranny and barbarous cruelty of the House of Lords Oh Commons of England awake awake and looke seriously and carefully about you before you be made absolute vassells and slaves unto the lusts and wills of those that you have preserved alive with your blood and treasures from whom yee deserve better then you find or are likely to injoy The Lord grant unto the foresaid men of Buckingham-shire and Harfordshire that they may find mercy of the Lord in the day of their account and the Lord God grant that their spirits may not faint flag nor be weary but that they may reneue their strength double and trible their Petition and never give over till they have made them and their posterity free from the bondage of the Lords and shakt of all arbitrary power whatever And the Lord God of heaven raise up the spirit of all their fellow Commons in all the Countys of England to second them and joyne with them in that legall just and righteous worke they have begun and to glue their hearts and soules together as Jonathan and Davids was that they may never part nor be devided till they have accomplished their just enterprise and the good Lord require all their kindnesses and labour of love manifested unto us poor afflicted and distressed prisoners seven fold into their owne bosoms Amen Amen But now in regard our friends nor their Commissioners cannot get their Petition
to aggravate and encrease differences between the well-affected party and striving to bring an Odium upon all good men under the distinction of severall tearmes of obloquie and disgrace by such subtle endeavours labouring to avert the edge of justice from themselves who come deservedly under the stroake of it and turne it upon those who are most innocent Strongly endeavouring and have already affected it in part to justle all honest faithfull well affected men out of places of trust office and authority and to put in Newters Ambodexters or persons apparently disaffected By all these meanes together with the advantage of the Kingdomes present unsetlednesse they seem to be in a more then probable expectation of getting the reines once more into their owne hands to the evident indangering of the Common-wealths speedy ruine and to the great griefe of your poore Petitioners and all others who cordially desire the peace and safety of this destracted Kingdome And further we are bold to make known as more particularly relating to the condition of your Petitioners That whereas we at our being made free of the City are injoyned by oath to maintaine the Libertyes and Priviledges of the same City which notwithstanding we are in a great measure disabled to doe by the intercession of divers illegall and undue Customes and Monopolies partly about the election and removall of our Magistrates crept into the dimunition of the antient Liberties of this famous City A clause of 11. of Hen 6. whose just â—mmunâ—ties we are confident your Honours have been and are very tender of Wherefore your Petitioners humbly pray that this honourable House taking into consideration the Premises would be pleased by your mature Prudence and Care to endeavour as much as possibly you can to take away all occasions of breaches between the well affected party And that such as have in these late times of trouble by adventuring their lives or otherwise approved themselves faithfull to their Countrys common good may without respect to differences no wayes prejudiciall to the Common wealth impartially enjoy their Birth-right Priviledges and be equally capable with others of the freedome to officiate in place of trust which they are or shall be chosen unto And on the contrary that all those who haue dis franchised themselves by Traterously adhering to the enemy may be disabled from bearing office or voting in the Election of offices in the Common-wealth And we further crave with submission to your Honours grave approvements that in regard of the Kingdomes present unsetlednesse it may not be left destitute of a trusty and sufficient guard to secure it from intestine Broyles and forraigne Invasiâ—n And as for your Petitioners more particular grievances as they are members of this City we humbly pray that you would be pleased by your Authority so to provide that we as we are or shall be capable of it may be inabled to injoy the benefit of all ancient Charters and Grants made and confirmed by severall Acts of Parliament for the enlargement of our freedomes and Priviledges â— especially 4. Chart. of King Iohn 5. Chart of Edw. 2. confirmed â—y Ed. 3. and that whatsoever hath been illegally intended may be taken away and made voide And lastly as some have desired we likewise pray that if so small a thing may be worthy the intention of this grave and Honourable Assembly you would be pleased to appoint some times of lawfull Recreation for servants as your wisedomes shall thinke fit And your Petitioners as they have many of them already according to their duty freely adventured their liues and whatsoever was deare to them for the common safety of their Countrâ—â— so they still professe their readinesse to give their best assistance to the suppressing all Arbitrary and tyrannicall power and to the upholding the fundamentall Rights and libertyes of free-borne English men and the just Priviledges of this Honourable House against all that shall set themselves in opposition of the same And be ever bound to pray c Whatsoever is contained in the Petition the Subscribers will be ready to make good by Particular instances when they shall be lawfully called to the same Die Lunae 1. March 1646. A Petition being stiled the humble Petition of divers Young men and Apprentices of the City of London was this day read and it is ordered that Alderman Atkins Col. Venn and Mr. â—assâ—â—l doe from this House give the Petitioners thankes for the expressions of their good affections that they will take their Petition into consideration â—n convenient time and as for that businesse concerning dayes of relaxation is already under consideration and Committee Hen. Elsing Cler. Par. Dom. Com. FINIS