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A94466 To the honourable the Commons assembled in Parliament, the humble petition of divers free-borne English-men, inhabiting in the cities of London and Westminster, the burrough of Southwark, hamblets, and places adjacent. 1650 (1650) Wing T1427; Thomason E612_1; Thomason E612_1*; ESTC R206471 3,428 4

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TO THE Honourable the Commons Assembled in PARLIAMENT The Humble Petition of divers Free-borne English-men inhabiting in the Cities of London and Westminster the Burrough of Southwark Hamblets and places adjacent SHEWETH AMidst our continuall griefs and anguish of Spirit wherewith we have been long time afflicted through our sence of pressing burthenous necessities which lye upon us and iminent dangers which perpetually threaten us occasioned by the omission of settling the Government of this Nation upon those foundations of equity and freedom which were made the onely justifiable grounds and ends of the late violent bloody consuming and chargable War and of all the extraordinary actings and proceedings of the present Parliament and Army out griefs have been often mittigated with remembrance of the many full ample and zealous promises and Protestations made by both unto the people of restoring them to all their Rights and Liberties and of delivering them from all kinds of oppression usurpation and Arbitrary Proceedings for how was it possible for us but to hope reall performances thereof when they avouch that the compleat settlement of the Liberties and peace of the Nation is that blessing of God then which of all worldly things nothing is more dear or precious in their thoughts That they esteemed all present enjoyments whether of life or livelihood or nearest relation a price but sufficient to the purchase of so rich a blessing that they and all the free-borne People of England might sit down in quiet under their own Vines under the glorious administration of Justice and Righteousnesse and in full possession of those Fundamental Rights and Liberties without which they say they could have little hopes to enjoy either any comforts of life or so much as life it self but at the pleasures of some men ruling meerly according to Will and Power Avouching also that they were not a meer mercinary Army hired to serve any Arbitrary power of a State but called forth and conjured by the severall Declarations of Parliament to the defence of their own and the Peoples just Rights and Liberties and so they took up Armes in Judgement and Conscience to those ends and have so continued them and are resolved according to your first just desires in your Declarations and such principles received from your frequent informations and common sence concerning those fundamentall Rights and Liberties to asert and vindicate the just Power and Rights of this Nation in Parliaments for those common ends promised against all Arbitrary Power violence and oppression and against all particular parties or interest whatsoever And that none might mistake them herein they manifest a most deep sence of the necessity that the Members of the house themselves by frequent elections might be capable of subjection as well as rule and thereby be in a capacity to consider other mens Cases as what might come to be their own also how unfit and dangerous it was that the supream Power of the Common-Wealth should be fixt in the persons of the same men during their own pleasures That neither by their originall constitution of this State was it or ought it to continue so nor does it wherever it is and continues so render that state say they any better then a tyranny or the People subjected to it any better then Vassals But in all States say they where there is any face of common freedom and particularly in this State of England as is most evident both by many positive Lawes and ancient constant Customes The People have a right to new and successive Elections into that great and supream Trust at certain periods of time which say they is so essentiall and fundamentall to their freedom as it is cannot or ought not to be denyed to them or withheld from them and without which the house of Commons is of very little concernment to the Commons of England These and the like full and clear expressions concerning our Liberties for a long season supported our often fainting hopes as being willing to believe it was not possible for them to be uttered in vaine at least that they would never terminate in things contrary And after long and tedious expectation we were much revived when as no sooner had the Authours of those large Promises and Protestations by extraordinary proceedings against the other Members invested you with Power which they then also said they did onely in order to new successive Parliaments to be speedily chosen but imediately you likewise declare in behalf thereof and for the Petition of Right stiling it that most excellent Law and that you would maintain inviolable the ancient just Rights and Liberties of the People in all things touching Life Liberty Estate and Property with all things incident thereunto But so it is that now after more irksome expectations our hopes dye dayly within us and our griefes increase so fast as like to overwhelm us for what place for hope have we left or how is it possible for us not to grieve without ceasing whilst notwithstanding all those pretious Promises Declarations Engagements for in behalf of the ancient just Rights and Liberties and upon which promises and for which Liberties we with others have adventured all we could in this life new and succesfull Elections to that supream trust of Parliament is not onely withheld from the People and so as that men dare hardly affirm it to be their Rights but whilst it is retained and fixed in the persons of the same men during their own pleasures Lawes are made of so dangerous a nature as men can scarce speak or do any thing for fear of losle of Life or Liberty or Estate How can we choose but bewaile our own and the Nations sad condition when notwithstanding all those zealous ardent expressions for just Liberty acknowledged to be due to the People That yet it should be frequent to imprison English-men upon extrajudicial Prerogative-like Warrants and that too in such places and remote Castles whereunto belongeth no legall Goale-delivery but where they are detained during pleasure examined against themselves search to find matter against them and some are used in a more barbarous manner then those were called Puritans in the Bishops time Wh●lst English-men are made lyable to attachments by Messengers and Pursevants To have their goods destrained without legal Proceedings and by Persons not authorized by Law to be tryed in matters of property and estate by Committees and in cases of life by an extraordinary Commission of Oyer and Terminer or which is worse and farre transcending all strain of the old Prerogative by a High Court of Iustice and Tryalls by Iury of twelve sworn men shall be withheld from any English-man how in the least is Magna Charta or the Petition of Right those ancient fundamentall Rights either in circumstance or substance made good Whilst Conscience is inforced to an Engagement or to the refuser to forgoe all the comforts of life and as an Out-Law exposed to the wills of men and that Excise Custome and Taxes are exacted as they are upon all sorts of industrious People Alasse what Liberty is left us who is he that walks not in Ieopardy all his life long if these things be continued which God defend enjoying neither any comforts of life nor so much as life it self but at the pleasures of Men. And therefore in Conscience to God whose holy and dreadful name hath been often invocated to be a Witness of tbe reality of those Promises and Declarations we are constrained at this time in most humble manner earnestly to beseech you even by the mercies and forbearance of God who yet vouchsafeth time and means to perform all your Vowes 1. That you will be pleased to render unto the People their essentiall Freedom in new successive Elections unto the supream trust of Parliaments and that you will review and repeale all such Lawes as make men Capital offenders for words or actions not Capitall in nature 2. That all persons imprisoned in any place not subject to a Legall Goale-Delivery may be at least removed Legally to Legall Prisons to be preceeded withall in due course according to Law that they may be freed from those dangers of Life and distraction of mind occasioned by tedious imprisonment or sad examples by Tryalls by extraordinary Commissions of Oyer and Terminer or which is far worse by a High Court of Justice which we pray God may be never more heard of in England as not knowing any thing of greater danger or more expresly repugnant to our Lawes and Liberties upon pretences of crimes against the State or of any other Prerogative-like suggestions 3. That henceforth no man may be attached sentenced fined or imprisoned or otherwise adjudged of Life Limb Liberty or Estate by any other Authority but by lawfull unanimous Iudgement of twelve sworn men of the Neighbourhood by Legall Officers and due process of Law according to the true intent of those ancient Fundamentall Liberties contained in Magna Charta and the Petition of Right 4. That you will suspend all further enforcement of the Engagement upon any as which exceedingly ensnareth the Consciences of the People and that you will dis-burthen all industrious People from those perplexities that lie upon them by Excise and Customs and raise all publick monies by way of Subsidies according to the ancient constant custome of Parliaments These things would you be pleased speedily to effect all the Free-borne People of the Land would then magnifie the goodnesse of God for those rich blessings because then they might securely sit down in quiet under their own Vines under the glorious administration of Justice and Righteousness and in the full possession of those Fundamentall Rights and Liberties without which they have no comfort of Life and for want whereof and untill they are firmly established the whole Land is likely to become a prey to Forraign Confederates presuming to find nothing here but divisions distractions and disatisfactions and therefore we can never cease to Petition for them and for which as bound in Conscience We shall ever pray