The Humble PETITION Of the Worshipful Thomas Adam's, John Langham, and James Bunce, Aldermen of London.  
Presented to the Lords at their Bar on Tuesday APRIL 25. 1648.  
Wherein is declared their firm resolution to stand for the defence of the established Laws of the Land.  
Also their Protestation against the Lord's Jurisdiction over them or any other Commoners in Criminal Cases.  
With their Appeal from the Lords to their proper and competent Judges (a Jury of their equals) and Judges sworn to proceed according to the known Law of England.  
Together with A Salva Libertate by them sent to the Lieutenant of the Tower, APRIL 23. 1648.  
The second Edition corrected.  
Unto which is annexed a desire to have them read in all the Parish Churches of England and Wales.  
London, Printed for J. Norris, April 25. 1648.   

A Salva Libertate Sent to Colonel Tichburn Lieutenant of the Tower, on Sunday, April 23. by Thomas Adam's, John Langham, James Bunce, Aldermen of London, now Prisoners in the Tower.  
Being occasioned by the receipt of a Paper sent unto them by the said Lieutenant wherein the said Lieut was seemingly authorized to carry them before the Lords on Tuesday next, being the 25 of APRIL.  

To our honoured Friend Col. Tichburn Lieutenant of the Tower.  
SIR,  
WE received a Paper from you, seeming to authorise you to carry our persons before the Lords, to answer to a Charge: We are constrained to inform you here by, that our persons ought not to be hurried to & fro, or disturbed at the pleasure of any man, neither can we yield obedience to the commands of any, which are not Legal; and therefore in case you intend to disturb us on Teusday next, we expect to see a legal Warrant from some person or Court, which have a Jurisdiction over us in case of a real or supposed Crime: And we must acquaint you, that the Lords have no legal power to summon us to answer to any crime whereof we are accused or suspected: and therefore you must expect to answer for whatsoever injury you offer to our persons, and know hereby, that we shall not voluntarily go from hence to Westminster by virtue of the paper received, but shall suffer you to carry us, if you shall send force which we cannot resist.  
From our Chambers in the Tower of London, April 23. 1648. Your Friends and Servants, 

Thomas adam's,  
John Langham,  
James Bunce.     

To the right honourable the Lords assembled in PARLIAMENT. The humble Petition of Thomas adam's, John Langham, James Bunce Aldermen of London, &c.  
Showeth,  
THat if your Petitioners shall submit to your lordship's Jurisdiction over Commoners in those criminal cases or Novalisms in Law, entitled Articles of impeachment of high Treason and other misdemeanours; They shall not only be Phe-loes' de-ses, but also shall murder the persons, and ruin the estates of all the free born people of England; and that which is more, They shall betray the Common Law, which is the supreme Authority (under God) of the Nation, and the inheritance of every freeman's posterity: And that which is worst of all, they shall be instrumental to pull down all the Judicatories of the Kingdom, and re-edify an Arbitrary Government many stories higher than ever the Star Chamber, High Commission or council Table were; and by the same rule that your Lordships have fined several Commoners 500l. a man for not kneeling or submitting to your lordship's Jurisdiction in criminal cases, for which there is no Law, nay, which is absolutely and apparently against the fundamental Laws of the Land, and the ordinary rule of your own Court of Judicature, usually referring those causes which appertain to the Common Law, to the other Courrs of Justice, especially if the People desite it, so you may fine their fellow Citizens, and Commoners of England as many millions, and take away the lives and estates, of all as well as some, to the Perpetual destroying and enslaving the whole Kingdom. For by the 29 Chapter of the great Charter, all Commoners are to be tried by their equals; and there are 30 Sessions of Parliament which confirm the great Charter, being a Statute declaratory of the Common Law, especially those eminent Laws, wherein your Lordships had your shares in making of them, viz. the Petition of Right in the 30 Caroli, and the Act for abolishing the Star-Chamber, and regulating the Counsel Table, in the 17. Caroli, in which many Statutes are enumerated, That Commoners ought to be tried by their equals, by Bill of Indictment or writ original, and by those of their neighbourhood; And all Decrees and judgements made contrary thereunto, are declared thereby to be null and void in Law, which bars all precedents: And by several Declarations and Ordinances your Lordships have declared, that Ordinances are no Laws, but temporary, during the Wars; and the cause of necessity being taken away, your Lordships have promised the free people of England, that they shall be governed according to the known Laws of the Land, as it appears in the Ordinance dated the 15 of January, 1647. And it is against the Law of God, Nature and Nations, that any person or persons should be judge and Parties, Examiners & Accusers in their own cause, or to be tried any otherwise then by a known Law, for where there is no Law there is no transgression. It is declared by Sir Edward Cook, that the Parliament cannot make a Law against the Law of Nature, which is custom according to Right and necessary Reason. That precedents are nothing in comparison of the Common and Statute Laws, being known maxims in Law, A facto ad jus non valet Argumentum; Gubernandum est legibus non exemplis: Articles are nothing in Law but mere Innovations and Prerogative extrajudicials, especially when ordinary persons are in question. The old maxim in Law is, Non recurrendum est ad extraordinaria quando fieri potest per ordinaria. And your Lordships are not only sworn, but have imposed several oaths, as the Protestation, and Solemn League and Covenant, upon the free Commoners of England; to defend the fundamental Laws of the Land. And they are confident your Lordships will be very tender of the preservation of the great Charter, in which is wrapped up our lives, liberties and estates; Your noble Predecessors being so glorious and famous Instruments in assisting the PEOPLE, in purchasing the same.  
Concerning the point of precedents, which is all can be said for your Lordships, we shall give you this Answer.  
1. It is observable, that most Commoners, which have submitted to your lordship's Jurisdiction, were in the time of the Civil Wars, Flagrante Bello, not by compulsion, but by voluntary Petitions of the Commons in a summary way, to the King in person.  
2. One precedent against your lordship's Jurisdiction is of more consequence than a thousand for it; The reason is plain, because all Courts of Judicature are bottomed upon the Law of the Land, and it cannot be supposed that any Court can be miscognizant of its own Jurisdiction. Your Lordships have confessed in Sir Simon de Berisfords' case, that it is against the Law for Peers to try Commoners, and your Predecessors have promised upon record, that they will never do the like again, though that occasion were superlative.  
3. The Corporation of Cambridg was accused before the King and Lords for complying with the Rebels of Essex, Kent and Hartford, their council pleaded against the Jurisdiction of the Lord's House, in the point of Treason, and the King and Lords allowed of the Plea, as appears Rot. Parl. 5. Rich. 2. numb. 45.  
4. As there are many precedents more may be alleged, that Commoners have denied your lordship's Jurisdiction, and that your Lordship have transmitted such cases to the Common Law, if desired by the free people; so there can no precedent be shown that Commoners, which have refused to be tried by your house, have been overruled by them in point of Jurisdiction.  
5. There was never precedent, since there were Parliaments in England, That the same Session of Parliament hath imprisoned, fined, or any otherwise diss●i●ed or destroyed any man for obeying or executing the Laws, Ordinances, or orders of the same Parliament. And there are many Ordinances in force, which indemnify all those which have acted by the authority of Parliament, viz. May 26. 1642. 1. part Book Decl. p. 281. June 14. 1642. p. 377. 
All honest Ministers and true hearted Englishmen, that love the Laws and Liberties of their native Country, are earnestly desired in all the parish Churches and Market Towns in the Kingdom of England and Dominion of Wales to read the foregoing Petition publicly and openly, that so the people thereby may be instructed in their Laws and Liberties.   
The Premises considered;  
Your Petitioners being free Commoners of England, according to the known Laws of the Land (de Jure claim their birth right, which is to be tried by God & their Country, in His majesty's Court of Justice, by the sworn Judges of the Law, and a jury of their equals of their own neighbourhood, where the pretended fact was done, the Courts of justice being open.  
And your Petitioners shall pray, &c.