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A90224 To the Right Honourable, the knights, citizens, and burgesses, the Parliament of England, assembled at Westminster, the humble appeale and petition of Mary Overton, prisoner in Bridewell:. Overton, Mary. 1647 (1647) Wing O617; Thomason E381_10; ESTC R201411 9,107 15

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and right is to bee done freely without faile fully without deniall and speedily without delay Quia dilatio est quaedam negatio for so bee the words of the great Charter We will deferre justice to no man cap. 29. confirmed by the Statutes 2. E. 3. c. 8. 14. E. 3. c. 14. 20. E. 3 c. 1 2. 11. Ric. 2. c. 11. And lastly for that no Act Order or Ordinance of the Lords binds the Subject without concurrence of this Honourable House as notably appeareth by severall Records An. 6. Ed. 3. n. 6. Rot. Claus An. 44. E. 3. And the Lords plead a joynt concurrence for nullity of the proceedings and Compositions of Goldsmiths Hall Your Petitioner therefore doth make her humble Appeale from the Jurisdiction of the House of Lords to the legall triall judgement and determination of this House either for justification or condemnation as by your Honours it shall be legally found And shee humbly prayeth this honourable House to take into your due and speedy consideration the miserable distresse and deplorable condition of your Petitioner her husband and brother long groaning under the oppression and injustice of the arbitrary and tyrannicall power of the Lords who without fault or Law have cast them into three severall chargeable Goales and somtimes have kept your Petitioners husband in double irons And in regard the Committee for consideration of the Commoners Liberties having taken your Petitioners husbands cause into their triall and judgement and have for these three moneths deferred the report thereof unto this House concluded by the said Committee to the great misery and dammage of your Petitioner her husband and children by reason of his long and tedious imprisonment in expectation of the legall determination of this House to the great wrong and prejudice of the Peoples Liberties in the generall It is therefore further the humble desire of your Petitioner that her husband her selfe and her brother without further procrastination and delay may receive the just and speedy sentence of this House accordingly as it shall bee legally found and determined by the Vote of this House that in case by Law it shall be found that your Petitioners husband her selfe and her brother have done ought worthy of death or other exemplary punishment that they may forthwith receive their just execution accordingly But and if your Petitioner her husband and her brother bee legally found not guilty of any transgression of the knowne Lawes of the Land that then by an Order from this House they may forthwith be discharged from under the vassallage and bondage of those insulting tyrannizing Lords and that for the future you would be pleased to protect them and the rest of their Nationall Brethren the free Commoners of England from the like Prerogative-insolencies cruelties and oppressions and that in case this House by the Law of the Land shall finde your Petitioners husband her selfe and her brother wronged and abused that you would according to justice give them ful and ample reparations for their long and unjust imprisonment like as you have done of late to sundry of your owne Members your Petitioners Fellow Commoners that you will not any longer deny them the benefit of the Law which is their birthright and inheritance and let them not be deprived of that which every monethly Sessions you do allow to theeves and murtherers to have a free and speedy triall and as you can and doe without interruption of your other affaires free and discharge your owne Servants and Attendants out of prison the same or the next day after their commitments so now at length after so long attendance and so many moneths cruell and harsh imprisonment let us receive the like impartiall speedy justice And by reason your Petitioners husband your Petitioner and her brother have chosen bonds and affliction under these Norman Prerogative-Task-masters the House of Lords rather then they will for their parts yeeld up the birth-right and inheritance of the Commoners unto their Lordships Prerogative-jurisdiction Let not therefore your Petitioners husband her selfe and her brother be more unjustly and illegally dealt with then traitors theeves and murtherers but let them with such have an equall benefit of the Law whether for speedy penalty or present release which request is so legall and reasonable that if it be by you denied it will be a certaine evidence of your disaffection to the Commonalty of England and of your evill intentions to their Lawes Rights and Freedomes And if for your Petitioners plainnesse with you and just desires for redresse of her most insufferable grievances you shall be provoked to exercise further cruelty and affliction either upon her selfe or her husband it will be a certain confirmation to all that shall heare of it which shall be the whole Kingdome if your Petitioners husband misse not of his aime that you are absolutely resolved if possibly you can to inslave the Commons of England to a Lordly arbitrary vassallage and bondage to conquer and destroy their Lawes Rights Liberties and Freedomes and to turn co-Vsurpers and joynt-Tyrants with that Norman brood of insolent domineering Tyrants and Vsurpers the House of Lords Doe therefore justice and discharge your trust unto the People and do no lesse unto us who have ingaged our selves our lives and all for their Rights and Freedomes to well as for our owne then you would be esteemed to do unto all and every Commoner of England but remove this grievous Norman Prerogative yoke of bondage from off our necks and from the necks of all the free Commoners of England then which nothing will more manifest your reall and cordiall care and affection to the publike liberty and safety of the People which is the Soveraigne Law and for which all other Lawes are and ought to be made and for no other end And thus you shall in a high manner discharge your trust unto the People conciliate and beget their affections their hearts hands c. and become the praise amongst the people above all other Parliaments before you and give just cause to your Petitioner her husband c. to blesse God for you And your Petitioner as in duty bound shall ever pray c. Per me Mary Overton
TO The right Honourable the Knights Citizens and Burgesses the Parliament of England assembled at Westminster The humble Appeale and Petition of Mary Overton prisoner in Bridewell SHEWETH THat whereas the publike safety and liberty of the people is the maine end of all Government and Governours whether Regall Parliamentarie or other and the Law of the Land usually called the Common-Law being grounded upon right reason and equity the true Rule and Directory both for ruling and obeying which to preserve as the King declareth in his Answer to your Petition of the 23. of May 1643. ought to bee the perpetuall and vigilant care of a Prince and acknowledgeth that upon the observation of the Fundamentall Lawes the publike happinesse and welfare of the people is founded and constituted calling God to witnesse That the preservation of the Law and the Liberty of the People should alwaies be as much his care and industry as the life or lives of his dearest children professing to make the Law the measure of his Power and that there was no man so neare unto him in place or affection whom hee would not leave to the justice of the Law himselfe acknowledging the Law to be the Inheritance of every Subject and the only security hee can have for his life liberty or estate the which being neglected violated or disesteemed under what specious shewes or pretences soever a very great measure of infelicity if not irreparable confusion would in avoydably ensue and that he was resolved not only to observe the Lawes himselfe but to maintaine them against all opposition and the Law respecteth nothing more then the Liberty and Freedome of a mans person according to the ancient and grave Lawyer Forteseue Impius crudelis est qui libertati non favet Angliae Jura in omni casu libertati dant favorem yet notwithstanding these so many reiterated professions and asseverations so often emitted in the Kings Declarations and Answers and other golden baites of profit and preferment neither your Petitioners husband now prisoner in Newgate by the House of Lords nor your Petitioner could in the least wise be induced to comply with the King or his party against this honourable House as many thousands have done who now are at liberty and under your protection to your high dishonour and to the great griefe of your best and most faithfull friends but being confident that you the betrusted of the Kingdome according to your many Vowes and Protestations Covenants Declarations Remonstrances Ordinances and to the high and great Trust reposed in you would have long ere now improved all your endeavours powers and interests for the redemption and advancement of our antient though of late yeares much invaded Rights Lawes and Liberties which are our Birthright and Inheritance as you as well as the King have often told us calling God to witnesse that the peace and good of the people ever was your only aimes professing unto us in the presence of the all-seeing Diety that our peace and safety is the onely end of all your Counsells and endeavours resolving therein to continue free from all private aimes or personall respects whatsoever and that you never intended to introduce any new Law to our prejudice much lesse to exercise any arbitrary power at all but to your utmost to prevent it holding it your duty to use your best endeavours that the meanest of the Commonalty might enjoy their Rights Liberty and Benefits of the Law being equally interested and entitulled thereto with the greatest Subject confessing and acknowledging that the sitting of the PARLIAMENT ought not to suspend the Law the execution thereof according to equity being the very Spirit as you tell us which gives life to authority from all which and manifold other Premises and Obligations even out of your owne mouths the Commonalty of England are invited and enabled justly to challenge and expect from this House the just defence preservation and fruition of all their Rights Lawes and Liberties in their lives persons and estates restraint of and protection against the malice and fury o those that seeke their ruine by any arbitrary domination or other practises whatsoever and therefore for that end are all obliged to stand by you and for you but on the contrary to return contrary effects for contrariorum contraria sunt consequentia But now so it is though your Petitioners husband hath constantly adhered to the Parliament and hath given ample testimony of his sincere and upright affections to this honorable House to the just Lawes and Freedomes of England in generall and to the Rights and Properties of all and every Commoner in particular by his constant and faithfull endeavours to that end as many hundreds in the City yea I may take the boldnesse to say many thousands in the Kingdome can witnesse in his behalfe yet notwithstanding upon the 11. of August 1646. had his house surrounded with divers armed men with swords and muskets under the Conduct of one Robert Eales and by the said Robert Eales Deputy-Catchpole to the House of Lords with his Sword drawne in his hand and by one M. Eveling dweller at the greene Dragon in the Strand with his pistoll ready cock'd was suddenly and violently entred and his person laid hold of without Warrant either Legall or pretended first shewen and so by force of arms was in an hostile manner led captive to the House of Lords who would High-Commission-like have examined him against himselfe which he refusing and appealing to this honourable House as his proper and competent Judges was therefore by the Lords under the pretence of contempt to that House committed to the infamous Goale of Newgate there to be kept til their pleasures should be further signified Which as your Petitioner humbly conceiveth tendeth to the high violation of the fundamentall Lawes of this Land the utter subversion of the Common Liberties of the people and of your Petitioners husbands native Right and Inheritance in particular for by the great Charter of Liberties the Lords cannot passe Judgement upon any Commoner in cases criminall concerning life liberty or estate neither can any other Court or Justices whatsoever before Indictment or presentment or by other due processe in Law take away Commoners life liberty or goods nor ought any man by Law to be forced by Oath to answer to Interregatories to accuse himselfe in any criminall causes which concerne either his life liberty losse of goods or freehold but ought to bee convicted first by witnesses presentment or the verdict of twelve men or upon or by his owne voluntarie confession without oath or co-action as by the Lawes Statutes and Authorities here set downe is clearly proved The Statute of Magna Charta 31. times confirmed in Parliament cap. 29. Enacts That no Free-man shall be taken or imprisoned or disseased of his Freehold or Liberties or free Customes or out-lawed or exiled or otherwise destroyed neither will we passe upon him nor condemne him but by lawfull