To the Chosen and betrusted Knights, Citizens, and Burgesses, assembled in the High and supreme Court of PARLIAMENT.  
The humble Petition of ELIZABETH LILBURNE, Wife to Leut. Coll: John LILBURNE, who hath been for above eleven weeks by past, most unjustly divorced from him, by the House of lords, and their tyrannical Officers, against the Law of God, and (as she conceives) the Law of the Land.  
Showeth,  
THat you only and alone, are chosen by the COMMONS OF ENGLAND to maintain their laws, and Liberties, and to do them justice and Right 
a Coll. of decle: pag, 264 336. 382, 508, 613. 705. 711. 716, 721, 724, 725, 726, 729. 730.  which you have often before God and the World sworn to do 
b coli. decl. page 361 ●63. protestation and covenant.  yea, and in divers of your Declarations declared, it is your duty (in regard of the trust reposed in you) so to do 
c coli. decler. pag: 81, 172, 262, 266, 267, 340, 459. 462, 471, 473 588, 690.  without any private aims, personal respects, or passions whatsoever 
d col decler: p. 464, 490. 750  and that you think nothing to good to be hazarded, in the discharge of your Consciences for the obtaining of these ends. 
e coll. declare. pag. 214.  and that you will give up yourselves to the uttermost of your power and judgement to maintain truth, and conform yourselves to the will of God, 
f coli. decler p. pag. 666.  (which is to do justice and 
g Ier. 22. 15, 16, 17.  right, and secure the persons estates and liberties of all that joined with you, 
h col. decler. page 666. 673.  impricating the judgements of Heaven to fall upon you, when you decline from these ends, you judging it the greatest scandal that can be laid upon you, that you either do or intend to subvert the laws, Liberties, and freedoms of the people, 
i col. decler. p. 264, 281, 494. 497. 654, 694, 696.  which freedoms etc you yourselves call, the COMMON BIRTHRIGHT OF Englishmen, 
k col. decler. p. 7. 38 140, 845,  who are borne equally free, and to whom the Law of the Land is an equal inheritance) and therefore you confess in your Declaration of 23. Octob. 1642 
l pag, 660.  It is your duty to use your best endeavours, that the meanest of the Commonalty, may enjoy their own birthright, freedom, and liberty of the laws of the Land, being equally (as you say) entitled thereunto with the greatest subject, The knowledge of which as coming from your own mouths and pen, imboldneth your Petitioner (with confidence) to make her humble addresses to you, and to put you in mind that her husband above two months ago made his formal and legal appeal to you against the injustice, and usurpation of the Lords acted upon him, which you received, read, committed, and promised him justice. But as yet no report is made of his business, nor any relief or actual justice holden out unto him, although you have since found time to pass the Compositions as pardons, for the enfranchising many of those that yourselves have declared traitors, and Enemies to the kingdom, which is no small cause of sorrow to your Petitioner, and many others, that her Husband who hath adventured his life, and all that he had in the World, in your lowest condition for you, should be so slighted and disregarded by you, as though you had forgot the duty you owe to the kingdom, and your many oaths, vows, and Declarations, which neglect hath hastened the almost utter ruin of your Petitioner her husband, and small Children: For the lords in a most tyrannical and barbarous manner, (being encouraged by your neglect) have since committed her husband, for about three weeks close prisoner to Newgate, locked him up in a little room, without the use of pen, ink or paper (for no other cause but for refusing to kneel at the Bar, of those, that by Law are none of his judges) 
m Magna Charta 29. Sir E. Cook 2. part. institutes folio, 28, 29. 46. Rot. 2. Ed. 3. , the cruel jailers all that time refusing, to let your Petitioner, or any of his friends, to set their feet over the threshold of his Chamber door, or to come in to the prison yard to speak with him, or to deliver unto his hands, either meat, drink, money, or any other necessaries; A most barbarous and illegal cruelty! so much complained of by yourselves in your Petition and Remonstrance to the King, 1. Decemb. 1641. 
n col. decler. 6, 7. 8.  and detested and abhorred there, by you, as actions and cruelties being more the proper ishues of Turks, Pagans, Tyrants, and men without any knowledge of God, then of those that have the least spark of Christianity, honour, or justice in their breasts: And then while they thus tyrannised over your Petitioners Husband, they command (as your Petitioner is informed) Mr. Seargeant Finch, Mr. Hearne, Mr. Hail, and Mr. Glover, to draw up a Charge against your Petitioners Husband; without giving him the least notice in the world of it, to fit himself against the day of his trial, but contrary to all Law, justice, and Conscience, dealt worse with him then ever the Star-Chamber did, not only in keeping his Lawyers from him, but even all manner of counsellors and Friends, whatsoever, even at that time when they were about to try him, and then of a sudden send a warrant, for him to come to their Bar (who had no legal authority over him) to hear his Charge read, where he found the Earl of Manchester his professed Enemy, and the only party (of a lord) concerned in the business, to be his chief judge, contrary to that just maxim of Law, that no man ought to be both party and judge, A practice which the unjust Star-Chamber itself, in the days of its tyranny, did blush at, and refuse to practice, as was often seen in the lord Coventry's case, &c.) And without any regard to the Earl of manchester's impeachment (in your House) of Treachery to his Country, by Leut. Gen. Cromwell. which is commonly reported to be punctually and fully proved, and a Charge of a higher nature than the Earl of Straffords, for which he lost his head, And which also, renders him (so long as he stands so impeached) uncapable, in any sense, of being a judge, And a great wrong and injustice it is unto the Kingdom to permit him, and to himself, if innocent not to have had a legal trial ere this to his, justification or condemnation. And besides all this, because your Petitioners husband stood to his appeal, to your honours, and would not betray England's Liberties, which you have, all of you, sworn to preserve maintain, and defend; they, most arbitrarily, illegally, and tyrannically, sentenced your Petitioners said Husband to pay 4000 l. to the King (not to the State) for ever to be uncapable to bear any office in Church or commonwealth, either marshal or civil, and to lie seven years a prisoner in the extraordinary chargeable prison of the Tower, where he is in many particulars, as illegally dealt withal, as he was, when he was in Newgate.  
Now forasmuch as the lords as they claim themselves to be a House of Peers, have no legal judgement about Commoners, that your Petitioner can hear of, but what is expressed in the Statute of the 14. Ed. 3. 5. which are, delays of justice, or error▪ in judgement in inferior Courts only, and that with such limitations, and qualifications, as are there expressed. which are, that there shall be one Bishop, at least, in the judgement, and an express Commission from the King for their meddling with it, All which was wanting in the case of your Petitioners Husband being begun and ended by themselves alone, and also seeing that by the 29. of Magna Charta your Petitioners husband, or any other Commoner whatsoever, in criminal cases are not to be tried otherwise then by their Peers, which Sir Edward Cook, in his Exposition of Magna Charta (which book is printed by your own special authority) saith is meant [Equals] folio 28. In which (saith he) folio 29▪ are comprised, Knights, Esquires, Gentlemen, Citizens▪ Yeomen, and Burgesses of several degrees, but no Lords, And in pag: 46 he saith: No man shall be disseised,] that is, put out of seisin, or dispossessed of his freehold (that is saith he) Lands. or livelihood, or of his liberties, or free customs,] that is, of such franchesses, and freedoms, and free customs, as belong to him, by his free birthright, unless it be by the lawful judgement] that is, Verdict of his Equals, (that is) (saith he) of [men of his own condition:] Or by the Law of the Land] (that is, to speak it once for all) by the due course and prosses of Law. And (saith he) No man shall be in any sort destroyed, unless it be by the Verdict and judgement of his Peers [that is, Equals, or by the Law of the Land. And the Lords themselves, in old time, did truly confess: that for them to give judgement of a Commoner, in a criminal case, is contrary to Law, as is clear by the Parliaments record in the case of Sir Simon de Bertford: 4. Ed. 3. Rot. 2. the copy of which is still in the hands of M. Henry Martin, And they there record it, that his case who was condemned by them for murdering King Edward. 2. shall not be drawn in future time into precedent because it was contrary to law, they being not his Peers, that is his Equals. And forasmuch as the manner of their proceedings was contrary to all the formal ways of the Law publicly established by Parliament in this kingdom, as appears by several Statutes 
o 5. Ed. 3. 9 25. Ed. 3. 4. 37 Ed. 3. 8. 38. Ed. 3. 9 42, Ed. 3. 3. 17. Ri. 2. 6. Rot. parli. 43. Ed 3. Sir Io: Alees case, Num 21, 22, 23, &c. lib. 10. fol. 74. in case dela. marshalsea, see Cook, 2▪ part insti: fol. 46.  which expressly say, that none shall be imprisoned nor put out of his freehold, nor of his franchise, nor free customs, unless it be by the law of the Land, And that none shall be taken by Petition or Suggestion made to the King, or to his counsel, unless it be by indictment, or presentment of good and lawful people of the same neighbourhood where such deeds be done, endue manner, or by procees made, by writ original at the Common-Law: Which Statutes are Nominally and expressly confirmed by the Petition of right, by the act made this present Parliament for the abolishing the Star-Chamber, and thereby all acts repealed that formerly were made in derogation of them. But contrary hereunto the lords (like those wicked Justices spoken of by Sir Edward Cook, in stead of trying her husband by the Law of the Land, proceed against him by a partial trial, flowing from their Arbitrary will, pleasure, and discression. For though they summoned him up to their bar, June 10. 1646. to answer a Charge, yet they refused to show it him, or give him a Copy of it, but committed him to Newgate June 11. 1646. (although he behaved himself then, with respect towards them, both in word and gesture) merely for refusing to answer to their Spanish Inquisition-like-Interogatories, and for delivering his legal Protestation. There mittimus being as illegal as their summoning of him, and their other proceedings with him. There commitment running, To be kept their not till he be delivered by due course of Law; but DURING THEIR PLEASURE, which, Sir Edward Cook saith, is illegal, 
q 2. part. insti: fol. 52, 53.  and then locked up close, that so he might be in an impossibility to understand how they intended to proceed against him.  
Wherefore your Petitioner humbly prayeth to grant unto her husband the benefit of the Law, and to admit him to your Bar himself, to plead his own cause, if you be not satisfied in 
(p) 2. part. insti. 5. 1.  the manner of his proceedings, or else according to Law, justice, and that duty and obligation that lieth upon; forthwith to release him from his unjust imprisonment, and to restrain and prohibit the illegal and arbitrary proceedings of the lords; according to that sufficient power enstated upon you; for the enabling you faithfully to discharge the trust reposed in you, and to vacuate this his illegal sentence and fine; and to give him just and honourable repairations, from the Lords, and all those that have unjustly executed their unjust commands; It being a rule in law, and a Maxim mad use of by your selves in your Declaration 2. 1642. 
r col. decle. p. 723.  That the Kings illegal commands, though accompanied with his presence, do not excuse those that obey them much less the Lords, with which the Law accordeth; And so was resolved by the judges, 16. Henr. 6, 
s See Cook. 2. part. Insti. fol. 187.  And that you will legally and judicially, examine the Crimes of the Earl of Manchester, and Col. King, which the Petitioners husband and others, have so often complained to you off; and do exemplary justice upon them according to their deserts; or else according to Law and justice punish those (if any) that have falsely complained of them. And that you would without further delay give us relief by doing us justice. All which, she the rather earnestly desireth, because his imprisonment in the Tower is extraordinary chargeable and insupportable. Although by right, and the custom of that place, his fees, chamber, and diet ought to be allowed him and paid out of the treasure of the crown) he having wasted and spent himself with almost six years' attendance, and expectation upon your honours for justice and repairations against his barbarous sentence &c. of the Star-Chamber, to his extraordinary charge and damage, and yet never received a penny, and also lost divers hundreds of pounds, the year, he was a prisoner in Oxford Castle for you, neither can he receive his Arrears for his faithful service with the Earl of Manchester, although he spent, with him, much of his own money, And the last year, by the unadvised means of some Members of this Honourable House was committed prisoner for above 3. months, to his extraordinary charges and expenses; and yet in conclusion, he was released, and to this day knoweth not wherefore he was imprisoned, for which according to law and justice he ought to receive reparations, but he never yet had a penny, all which particulars being considered, do render the condition of your Petitioner, her husband, and children, to be very nigh ruin and destruction, unless your speedy and long-expected justice prevent the same, Which your Petitioner doth earnestly entreat at your hands as her right, and that which in equity honour and conscience cannot be denied her.  
And as in duty bound, she shall ever pray, that your hearts may be kept upright, and thereby enabled timely and faithfully to discharge the duty you owe to the kingdom according to the GREAT TRUST reposed in you, and so free yourselves from giving cause to be judged men that seek yourselves more than the public good. Elizabeth Lilburne.