TO The right honourable the Lords Assembled in PARLIAMENT: The humble Petition of Sir John Gayer Knight and Alderman of London; Showeth, THat 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 3ᵒ Caroli, and the Act for abolishing the Star-Chamber, and regulating the council 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 or Judges, Examiner or Examiners 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 joined by your legislative power to impose several oaths upon the free Commoners of England, to defend the fundamental Laws of the Land. And I am 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. The Premises considered; Your Petitioner being a free Commoner of England, according to the known Laws of the Land (de Jure) claims his birthright, which is to be tried by God and his Country, in His majesty's Court of justice, by the sworn judges of the Law, and a jury of his equals of his own neighbourhood, where the pretended fact was done, the Courts of justice being open. And your Petitioner shall pray, &c. April 19th. 1648 presented to the Lords by himself but Refused—