AN Englishman's Fundamental APPEAL. OR, The Third Humble Petiton and Address of Captain WILLIAM BRAY. Complaining showeth, THat on or about the 18th of June last, your Petitioner did deliver, or cause to be delivered (to every Member then sitting) an application, wherein he did endeavour to address himself in rational and modest manner (as he humbly conceiveth, with submission to your great Judgement) to accomplish Justice, and Equity to himself, in these ensuing particulars: FIRST, To obtain Justice, and satisfaction for his Arrears, disbursments, damages and losses in your service, and intendedly (according to his understanding) for your lawful preservation from violence, by the fury and rage of War, and the dismal consequences thereof, publicly discovered, or promulged by your Declarations. SECONDLY, To procure (if it were possible) some moderate satisfaction and consideration, for his almost three years arbitrary, injurious and severe imprisonment; which kind of Actions, and deal with your long oppressed Petitioner, (in many particulars) were contrary to the Fundamental, Essential, Righteous Ancient, and Common Liberties and Safeties, as your Petitioner divers years ago, (in the time of his Bonds) did often evidence, and publicly, and particularly attest; and can easily (to any rational and unbiased understanding) make appear, and justify himself (as a Member of the body of the People,) not only by the amiable Fundamental Law of England (which is plain, and certain if there were no Precedent in the Case) but also by the Case of the Lord Kimbolton, Sir Arthur Haslerig, etc. and by Mr. Pim's Speech to the Lord Mayor and Common-Councel, in a Replicatory Answer to King Charles his Answer, and Declaration made to the Petition of the City of London, etc. in vindication of the said Lord Mayor, 〈…〉 Colonel Venus, and Colonel Manwaring. Your Petitioner do●● now 〈◊〉, humbly revive his Claim of Justice, supposing after your long interruption, and great ●●me and space given, (peradventure amongst the many wise Reasons in God's Wisdom, to the end to cause a mature, sincere deliberation, and impartial consideration of former paths: as it was said in the case of King Hezekiah, 2 Chro. 32.31. God left him to try him, to know all that was in his heart,) There was no reason to judge it to be impossible, that you should sincerely, and effectually mind your many Solemn Obligations, Declarations, Vows, and Imprecations to Heaven, on the behalf of the said Fundamental, Essential, Impartial Liberties, and Common Birthright of England, which are known by the Almighty and Allseeing Eye, and can hardly be blotted out humane memorial, as by your many Declarations, if relation (according to obligation to God, Nation, and Conscience) be had to them (with an unbiased understanding, and sincere affection to reduce things to action) will plainly and fully appear (as your Petitioner also humbly conceiveth.) THIRDLY, The third part of your Petitioners Address consisted in reminding, and ●…ming you of his illegal and Arbitrary ejection, his Trust in the year 1648, and that if you should have done him that further impartial Justice to restore him to 〈…〉 place of Trust, he would study (according to his understanding) faithfulness to you therein. For the first part of it, if your Petitioner should humbly argumentize to your great Wisdom, declared knowledge, public invitations, and Instructions on the behalf of the Laws and Liberties, and what the nature of an Obligation and promise is, and how much the same is valued, by such as have power or ability, and a good Conscience with it, he thinks (with submission) it would be as needless as to cast a drop of water into the Ocean, for thereby it will appear, that he should have had satisfaction for the same as a just debt, the obligation being of so Capital and great a nature as Public Faith, in which matter, if your Petitioner had obtained just consideration, he might have avoided many great inconveniences, and made some just benefit thereof the just advantage and good of himself and relations, when he was arbitrarily excluded his public Trust, and so made incapable of doing his Country service in a public way, and also if he had not been interrupted by his said imprisonment; And if your Petitioner could be (as he hopeth he cannot be) induced to lay aside (for his defence, and to justify his claim, and particular just concernments) those righteous Fundamental Laws, Liberties and ancient Rights of the Nation, upon which the War was chief declared to be grounded, (the conservation of which Libertyes and Rights, was so diligently looked into by our honourable Parliamentary Ancestors and fully established; (upon rational grounds and Maxims:) against any possibility of Invasion, and by mutual agreement from the Crown of Monarchy,) yet Christ the head of all Christians (from whom the name hath been since either really derived to any, or unjustly and improperly assumed by any) doth give as a law of Talion and everlasting command (as I humbly conceive with submission to your great understanding) That every man ought to do as he would be done unto; not excluding any, or giving a Prerogative or Previledge to any whomsoever upon any Political suggestion or pretence whatsoever to disannul that Law. And how indubitably necessary it is that Law should be a supreme bar, against arbitrariness; and how consistent the Evangelicall Law is with the light of Nature, and with the just concernment of every man's just interest and defence, and how upon due impartial reasoning this may be applied, and by how much the more the Rule is obliging to the greatest Authorities or Powers in a more especial manner, (as eminent examples to others) your Petitioner doth refer to your Conscience, and declared knowledge without useing other arguments. For the second part of it your Petitioner did (as he hopeth) in as model. Terms, as he could imagine or conceive (with laying aside flattery, which is hateful to the wisely just) desire consideration of his said almost three year's Imprisonment, as if the case had been your own, and as if God should have permitted the late deceased called Protector, NOT ONLY TO INTERRUPT YOU, BUT TO COMMIT YOU EVERY ONE AS YOU DID HIM; which said Imprisonment hath tended in many considerations to his injury, great loss, many inconveniences, ruin, and destruction ever since; in so much that your Petitioner hath often (in affliction of mind, and peradventure with too great and deep a sense and consideration of things) desired dissolution, as that good Prophet Elijah (with whom your Petitioner cannot compare) requested for himself that he might die, and said it is enough now oh Lord, take away my life for I am not better than my Fathers, for after the long defect of Justice, and humane consideration in a moderate nature (which was only desired by your Petitioner?) your Petitioner can only ascribe thanks to the great goodness of God for his preservation to this day, which he yet hopeth hath been in goodness, that he may after so long a time reap your Justice, that humane nature should not be neglected and trampled upon any longer. And for Argument to your declared exemplary understanding, your Petitioner (hoping it may receive a revived Impression) desires to mind you with your own Declarations in answer to the late King Charles, which will testify for him, and plead his cause, as will appear in the book of Collection of Declarations, Printed by Mr. Edward Husbands by order, and direction of the 24 March 1642 Page 694; Wherein you express yourselves in this manner, (viz.) Whatever be our inclination, Slavery would be our condition, if we should go about to overthrow the Laws of the Land, and the Propriety of every man's Estate, and Liberty of his Person; for therein we must be aswell Patients as Agents; and must every one in his turn suffer ourselves whatever we should impose upon others: And in your Declaration of the 19th of May 1642, Page 202, wherein you express these words, (viz,) And as his Majesty doth graciously declare the Law shall be the measure of his Power, so do we hearttly profess, that we shall always make it the Rule of our Obedience. And therefore, as Christ that perfect Pattern of natural Justice and supernatural Power and Mercy, John 5.30. doth use these words, (viz.) As I hear I judge, and my Judgement is just because I seek not mine own will, but the will of my Father which hath sent me: So I humbly suppose I may say and apply, as I have heard or read in the righteous Foundations and Principles of the Law from our Ancestors, and also averted by your own Writings. As I hear, I Judge and believe there is a Rule of direction to me to believe my judgement is just, because I seek not my own Will, grounded (as an Innovation) upon my own Judgement or private opinion, but founded upon your own Declarations which testify to the Case. As for the third part of your Petitioners aforesaid Application, he doth humbly confess since he did see a great or general endeavours and application for a restauration and reinvestiture to Government, and to accept of Trusts and places of profit, Power, and employment, he could not think his said address to be any just cause of offence to you (as the case is,) but rather receiveable with cheerful intention to do Justice. But your Petitioner seeing and continually feeling (after 11 years' sufferings and neglects, that his said Application of the 18th of June was ineffectual, he made another of the second of July following, and apprehending that his place of trust, and investiture might not be with your liking, did not particularly mind that third part of his said address, being willing to endeavour patience of mind and subjection, rather than any such thing as any part or portion in YOUR GOVERNMENT. Therefore your Petitioner doth now again (by all obligations humane and divine) request and desire of you to manifest a Presidentall or exemplary Justice, and good Conscience suitable to a great Counsel, as to the speedy consideration of his arrears, losses, damages and disbursements (intendedly for your lawful preservation) and speedy and just satisfaction for his almost three years arbitrary Imprisonment, that so he might not be any longer neglected, destroyed and undone, contrary to the Rules of all just Law, Humanity and Conscience, and in case your said oppressed Petitioner shall obtain Justice (in his affection and respect, he desires to bear to gratitude,) he shall pray that God would extend his Wisdom, and the power of his Godhead to and for you and your posterity, if you or they shall have any occasion to desire or expect Justice and goodness from any future Government, Authority or Generations in the World. WILLIAM BRAY. 29th, September. 1659.