The outcries of oppressed Commons. Directed to all the Rational and understanding men in the Kingdom of England, and Dominion of Wales, (that have not resolved with themselves to be Vassals and Slaves, unto the lusts and wills of Tyrants.) From Lieut. Col. John Lilburne, prerogative prisoner in the Tower of London, and Richard Overton, prerogative prisoner, in the infamous Gaol of Newgate. Febr. 1647. jer. 7.8, 9.10. Behold, ye trust in lying words, that cannot profit. Will ye steal, murder, and commit adultery, and swear falsely, and burn incense unto Baal, and walk after other Gods, whom ye know not, and come and stand before me in this house, which is called by my name, and say, we are delivered to do all these abominations. Verse. 6. Therefore pray not for this people, neither lift up cry nor prayer for them, neither make intercession to me for I will not hear thee. Mat. 13.14. Woe unto you Scribes and Pharisees, Hypocrites: for ye devour widows houses, and for a pretence make long prayers, therefore you shall receive the greater damnation. GEntle men, Anti-Magistrates we are not, but own Magistracy as God's Ordinance appointed for the good and well being of mankind, Rom. 13.1.2.3.4.5.6. Unto whose power and Authority, in all lawful things, we both have, and are willing to stoop unto, but no further, neither do we crave or desire, any favour, privilege or benefit, but what is given unto us by the good, established and just Laws of England (which the Parliament solemnly, have often sworn to maintain) of which for our particulars, we have for many months been robbed of, by the tyranny and usurpation of the Lords, (commonly called the House of Peers) now sitting at Westminster, who have usurpedly, and contrary to the just and known Law of the Land, assumed unto themselves, (by the law of their own wills) a power in criminal causes, to judge and commit us who are Commoners, which by law they have no authority not in the least to do, as appears in the twenty ninth Chapter of Magna Charta, which expressly saith, No freeman shall be taken or imprisoned, or be disseised of his freehold, or liberties, or free customs, or be outlawed, or exiled, or any otherwise destroyed, nor we will not pass upon him, nor condemn him, but by lawful judgement of his Peers, or by the law of the Land. We will sell to no man, we will not deny nor defer to any man either justice or right. And the 3. E. 1. 6. likewise expressly saith, and that no City Borough, norrowne, nor any man be amerced without reasonable cause and according to the quantity of his trespass, that is to say, every free man saving his free hold▪ (9 H. 3. 1●.) A Merchant saving his Merchandise, a Villain saving his waynage, and that by his or their Peers. Which 29 Chap. of Magna Charta, is express by name confirmed in the Petition of Right, made in the third year of the present King Charles, which absolutely abolisheth all Laws made in derogation of the said just Law, which Petition of Right, and every clawse therein contained, is expressly confirmed by this present Parliament, as appears by the statute that abolished the Star Chamber, and the statute, that abolished Ship money. And that learned man of the Law Sir Edward Cook, in his exposition of Magna Charta, which book is published, to the public view of the Kingdom as Law, by two special orders of the present House of Commons, as in the last pag. thereof you may read, who in his exposition of the 14. chap. of Magna Charta, 2. part institutes fol. 28. saith, that by Peers, is meant Equals, and in fol. 29. he saith, the general division of persons by the Law of England, is either one that is Noble, and in respect of his Nobility of the Lords House of Parliament, or one of the Commons of the Realm, and in respect thereof, of the House of Commons in Parliament, and as there be divers degrees of Nobility, as Dukes, Marquesses, Earls, Viscounts and Barons, and yet all of them are comprehended within the word PARES, so of the Commons of the Realm, there be Knights, Esquires, Gentlemen, Citizens, yea men and Burgesses of several degrees, and yet all of them of the Commons of the Realm, and as every of the Nobles is one, a Peer to another, though he be of a several degree, so is it of the Commons, and as it hath been said of men, so doth it hold of Noble Women, either by birth or by marriage, but see hereof, chap. 29. And in his exposition of chap. 29. pag. 46. Ibim. he saith, no man shall be disseised, that is, put out of seison, or dispossessed of his freehold, (that is) land's or livelihood, or of his liberties, or free customs, that is, of such franchises, 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 men of his own condition) or by the Law of the Land, that is to speak once for all) by the due course and process of Law. No man shall be in any sort destroyed (to destroy id est) what was first built and made, wholly to overthrow and pull down) unless it be by the verdict of his Equals, or according to the law of the Land. And so saith he is the sentence, (neither will we pass up him) to be understood, but by the judgement of his Peers, that is Equals, or according to the Law of the Land, see him, fol. 48. upon this sentence; pro judinum parum suorum, and pag. 50. he saith it was enacted, that the Lords and Peers of the Realm, should not give judgement upon any but their Peers, and citys Rot. Parl. 4. E. 3 Num. 6. But the Roll is 4 E. 3. Num. 2, in the case of Sir Simon de Bereford, in which the Lords do ingeniously confess, that it is contrary to Law, for them to pass judgement upon a Commoner, being they are not their Peers, that is Equals, which record at large you may read in The oppressed man's oppressions declared, Edition the second. page 18, 19 And also in part: in Vox Plebis, pag. 40. 41. So that by what hath been said, it clearly, evidently, and undeniably appears by the Law of the Land, and the Lords own confession, that they are not the Peers or judges of Commoners in any criminal cases whatsoever And we offer (at our utmost peril) before any legal power in England, to maintain it by the known and declared Law of the Land, (which the Lords themselves, have solemnly covinanted and sworn to maintain) that the Lords by the Law of England, have not in the least any jurisdiction at all over any of the Commons of England in any criminal cases whatsoever. But if the studious and industrious Reader, please to read that notable, and late printed book, called Regal tyranny discovered, he shall find that the Author of that book in his 43. 44, 45, 46, 47, and 86. pages lays down many strong and solid arguments, to prove that the House of Lords have not justly, neither judicative, no legislative power at all in them; and in his 94. 95, 96, 97, 98. pages he declares from very sound and good authority that before William the Conqueror and invader, subdued the rights and privileges of Parliaments, that the King and the Commons held and kept Parliaments, without Temporal Lords, Bishops, or Abbots, the two last of which, viz. Bishops and Abbots he proves had as true and good right to sit in Parliament as any of the present Lords now sitting at Westminster, either now have, or ever had, yea, and out of the 20. 21. pages of that notable, and very useful to be known book, called the manner of holding Parliaments in England, before and since the conquest, etc. declares plainly, that in times by past, there was neither Bishops, Earl nor Baron, and yet even then the Kings of England kept Parliaments with their Commons only, and though since by innovation, Bishops, Earls and Barons, have been by the King's prerogative Charters, (which of what legal or binding authority they are, you may fully read in the Lords and Commons Declaration this present Parliament) summoned to sit in Parliament, yet not withstanding the King may hold a Parliament, with the Commonalty, or Commons of the Kingdom, without Bishops, Earls, and Barons, and saith Mr. Will. Prynn, in the 1 part of his Sovereign Power of Parliaments, pag. 43. (which book is commanded to be printed by special authority, of the present House of Commons) out of Mr. john Vowells manner of holding Parliaments, which is recorded in Holingh: Cron of Ireland, fol. 127. 128. that in times, by past the King and the Commons did make a full Parliament, which authority was never hitherto abridged. Yea, this present Parliament in their Declaration concerning the Treaty of Peace in Yorkshire 20 Septem. 1641. betwixt the Lord Fairfax, etc. and Mr. Bellasis, etc. book decls. 1. part. pag. 628. do declare, first, that none of the parties to that agreement, had any authority by any act of theirs, to bind that Country, to any such Nutrality, as is mentioned in that agreement, it being a peculiar and proper power and privilege of Parliament, where the whole body of the Kingdom is represented to bind all or any part. And we say the body of the Kingdom, is represented only in the House of Commons, the Lords not being in the least chosen or represent any body at all, yea, and the House of Commons, calls their single order, for the receiving of Pole-money, May 6. 1642. 1. part decls. pag. 178. An order of the House of Parliament, yea, and by several single orders, have acted in the greatest affairs of the Commonwealth. And yet notwithstanding all this, the Lords like a company of forsworn men, (for they have often solemnly sworn to maintain the Law) have by force and violence, endeavoured to their power, and contrary to law, to assume to themselves a judicative power over us, (who are Commons of England in criminal cases,) and for refusing to stoop thereunto, have barbarously for many months tirannized over us, with imprisonments, etc. And we according to that duty we own to our native country, and to ourselves and ours, for the preservation of ourselves, and the good and just declared laws and libertise of England, and from keeping ourselves and our posterities, from vassalage and bondage, did thereupon according to law and justice, appeal to the honourable House of Commons (as you may truly and largely read, in divers and sundry books, published by us, and our friends) as the supreme and legal power and judicature in England, whom we did think and judge, had been chosen of purpose, by the free men of England to maintain the fundamental good laws and liberties thereof, but to their everlasting shame (and the amazement of all that chose and betrusted them) We are forced to speak it, we have not yet found any real intentions in them, to perform unto us, the trust in that particular reposed in them by the whole Kingdom, neither have we any grounded cause to, say (in truth) any otherwise of them, but that they are more studious and industrious-unjustly in deviding hundred thousands of pounds of the Common wealth's Money amongst themselves, then in in actual doing to us (in whom all and every the Commons of England are concerned, for what by the wills of the Lords is done to us to day, may by done to any Commoner of England to morrow) either justice or right, according to their duty, and their often sworn oaths, though we have not ceased continual to the utmost of our power, legally, and justly to crave it at their hands, as you may fully read in our forementioned printed books. Sure we are; they tell us in their printed Declarations that they are chosen and betrusted by the people, 1. part decls. pag, 171, 172. 263, 264, 266. 336, 340, 361, 459. 462. 508. 588, 613, 628. 690. 703, 705, 711. 714. 716. 724, 725. 729. And that to provide for their weal, but not for their woe, book decls. 1. part page 150. 81. 382. 726. 728. And they in their notable Declaration of the 2. Novemb. 1642. book decls. 1 part pag. 700. expressly tell us, that all interests of public trust is only for the public good, and not for private advantages, nor to the prejudice of any man's particular interest, much less of the public, and in the same page they further say, that all interests of trust, is limited to such ends or uses, and may not be employed to any other, especially they that have any interests only to the use of others, (as they confess all Interests of trust are) cannot employ them to there own, or any other use, then that for which they are entrusted, yea, and page 266. (see 1. part book decls, pag 687) they tell the King, that the whole Kingdom itself is entrusted unto him for the good and safety and best advantage thereof, and as this trust is for the use of the Kingdom, so ought it to be managed by the advice of the Houses of Parliament, whom the Kingdom hath entrusted for that purpose, it being their duty to see it be discharged according to the condition, and true intent thereof, and as much as in them lies, by all possible means to prevent the contrary. And therefore negatively in the second place, we are sure, that the House of Commons, by their own Declarations, were never intentionally chosen and sent to Westminster to divide amongst themselves, the great offices and places of the Kingdom, and under pretence of them to make themselves rich and mighty men, with sucking and deviding among themselves, the vital and heart blood of the Common wealth, (viz. its treasure) now lying not in a swound, but even a gasping for life and being, but let us see whether this and other of their late do, be according to their former protestations, imprecations and just Declarations, which if they be not, woe to them, for saith the spirit of God, Eccle. 5.4.5. When thou vowest a vow unto God, defer not to pay it; for he hath no pleasure in fools, pay that which thou hast vowed. For better it is that thou shouldest not vow, then that thou shouldest vow and not pay, see Deut. 23.21.23. That which is gone out of thy lips, saith God, thou shalt keep and perform, Num. 30.2. Psal. 76.11. job 22.27 We find in their Declaration of the 5. May 1642. book decls. 1. part pag. 172. these words, The Lords and Commons therefore entrusted with the safely of the Kingdom, and peace of the people (which they call God to witness is their only aim) finding themselves denied these their so necessary and just demands, (about the Malitia) and that they can never be discharged before God or man, if they should suffer the safety of the Kingdom, and peace of the people, to be exposed to the malice of the Malignant party, etc. And in their Remonstrance of the 19 of May, 1642. book decls. 1 part pag. 195. they say, That the providing for the public peace, and the prosperity of all his Majesty's Realms: within the presence of the all seeing deity, we protest to have been, and still to be the only end of all our counsels and endeavours, wherein we have resolved to continue freed and enlarged from all private aims, personal respects or passions whatsoever. But we wish withal our souls, they had intended, what they here declared, when they declared it, which is too much evident to every rational man's eyes, that sees and knows their practices, that they did not, or that if they did, that they have broken and falcified their words and promises, and in the same Remonstrance, pag, 214, speaking of those many difficulties they meet with in the discharge of their places and duty: (see 1 part. Col. decls. pag. 156. 278. 496. 629) they, say, Yet we doubt not, but we shall overcome all this at last, 1. the people suffer not themselves to be deluded with false and specious shows, and so drawn t● betray us to their own undoing, who have ever been willing to hazard the undoing ●f ourselves, that they might not be betrayed by our neglect of the trust reposed 〈◊〉, b●t if it were possible, they should prevail herein, yet we would not fail through God; grace still to persist in our duties, and to look beyond our own lives, estates, 〈◊〉 advantages, as those who think nothing worth the enjoying, without the liberty, pe●ce and safety of the Kingdom: nor any thing too good to be hazarded in discharge of our consciences, for the obtaining of it, and shall always repose ourselves upon the protection of Almighty God, which we are confident shall never be wanting to us, (while we seek his glory) as we have found it hitherto, wonderfully going along with us, in all our proceed O golden words! unto the makers of which we desire to rehearse the 23. Mat, 27. Woe unto you Scribes and Pharisees, Hypocrites, for ye are like unto whited Sepuchers, which indeed appear butifull outward, but are within full of dead men's bones, and of all uncleanness. And in their Remonstrance, May 26 1642. pag. 281. They declare that their endeavours for the preservation of the Laws and liberties of England, have been most hearty and sincere, in which endeavour, say they, by the grace of God we will still persist though we should perish in the work; which if it should be, it is much to be feared, that Religion, Laws liberties and Parliaments, will not be long lived after us: but saith Christ, Mat. 23.23.28. Woe unto you Scribes and Pharisees, hypocrites, for ye make clean the outside of the cup, and of the platter, but within they are full of extortion and excess. Ye also appear outwardly righteous unto men, but within ye a●● full of hypocrisy and iniquity. And in their Declaration of July, 1642. concerning the distractions of the Kingdom, &c pag. 463, 464 speaking of the business of Hull, they say, the war being thus by his Majesty begun, the Lords and Commons in Parliament, hold themselves bound in conscience to raise forces for the preservation of themselves, the peace of the Kingdom and protection of the Subjects in their persons and estates, according to Law, the defence and security of Parliament, and of all those who have been employed by them in any public service for these ends, and through God's blessing to disappoint the designs, and expectations of those who have drawn his Majesty to these courses and Counsels, in favour of the Papists at home, the Rebbels in Ireland, the foreign enemies of our Religion and peace. In the opposing of all which, they desire the concurrence of the well disposed Subjects of this Kingdom, and shall manifest by their courses and endeavours, that they are carried by no respects but of the public good, which they will always prefer betheir own lives and fortunes. O that we might not too justly say, they are already fall'n from their words. And in their most notable Declaration of August, 1642. pag. 498. being in great distress they cry out in these words, and we do here require all those that have any sense of piety, honour or compassion, to help a distressed state, especially such as have taken the Protestation, and are bound in the same duty with us unto their God, their King and country, to come in to our aid and assistance, this being the true cause, for which we have raised an Army, under the command of the Earl of Essex with whom in this quarrel we will live and die. And in their answer to his Majesty's message of the 12. of No. 1642. p 750 they have the●e words, God who sees our innocency, and that we have no aims, but at his glory and the public good, etc. O golden language, but without real performance, are but an execrable abomination in the sight of God, and all rational men, But when these Declarations and Promises were solemnly made, the Authors of them took it extreme ill at the Hands of the King, when he told them they dissembled, and merely sought themselves, and their own honour and greatness, which he doth to the purpose in several of his Declarations, but especially in his Declaration of the 12. August, 1642. pag. 520. where speaking of the earnest desire he had to ease and satisfy his Subjects, he saith, that whilst we were busy in providing for the public, they were contriving particular advantages of offices and places for themselves, and made use under hand of the former grievances of the Subject, in things concerning Religion and Law, etc. and in the next pag. speaking of their zeal against the Bishops, etc. He declares their design was but of their goodly revenue to erect Stipends to their own Clergy, and to raise estates to repair their own broken fortunes. And in the same Remonstrance pag. 539. he declares, that after fears and jealousies were begun, they would suffer no means to compose it, but inflamed the people, because (he saith) they knew they should not only be disappointed of the places: offices, honours and employments they had promised themselves, but be exposed to the justice of the law, and the just hatred of all good men. All which they in their ancient and primitive Declarations disdain, as most dishonourable to be fixed upon them, or supposed ever intentively to be acted by them, especially so visibly that any should be able to see it, and therefore in their Remonstrance, bo. dee. 3. par. pa. 264. they labour to persuade the people not to destroy themselves, by taking their lives, liberties, and estates out of their hands, whom they have chosen and betrusted therewith, and resign them up to some evil Counselors about his Majesty, who (they say) are the men that would persuade the people, that both Houses of Parliament containing all the Peers, and representing all the Commons of England, would destroy the Laws of the land, and liberties of the People, wherein besides the trust of the whole, they themselves in their own particulars, have so great an interest of honour and estate, that we hope it will gain little credit with any, that have the least use of reason, that such as have so great a share in the misery, should take so much pains in the procuring thereof, and spend so much time, and run so many hazards to make themselves slaves, and to destroy the property of their estates. But we lay in the bitterness of our souls. O! that their actions and deal with us, and many other free men of England, had not given too just and grounded cause to judge that the forementioned charge of the Kings, was righteous, just, and true upon them, and which if their own consciences were not seared with hot Irons, and so past feeling, would tell them with horror, that he spoke the truth. And in the forementioned most notable Declaration, pag 494. one of the principal things they complain of against the King, and his evil Counsellors, that they endeavour to possess the people, that the parliament will take away the law, and introduce an arbitrary Government; a thing (say they) which every honest moral man abhors, much more the wisdom; justice, and piety of the two Houses of Parliament, * If so then as Samuel said to Saul, 2 Sam. 15.14. What means then this bleating of the sheep to my ears, and the lowing of the Oxen which I bear. and in truth such a charge as no rational man can believe it, it being impossible so many several persons, as the houses of Parliament consists of about 600. and in either House all of equal power, shall all of them, or at least the Major part, agree in acts of will and tyranny, which make up an arbitrary government, * Out of thy own mouth will I judge thee, Luke 19.22. for if this definition of tyranny, be true we are very sure we are under it. and most improbable, that the nobility and chief Gentry of this Kingdom, should conspire to take away the law, by which they enjoy their estates, are protected from any act of violence, and power; and differenced from the meaner sort of people, with whom otherwise they should be but fellow servants. And when they come to answer the King's main charge, laid to them, in his Declaration, in answer to theirs of the 26. of May, 1642. they say, book decls. pag. 694. As for that concerning our inclination to be slaves, it is affirmed, that his Majesty said nothing which might imply any such inclination in us, but sure, what ever be our inclination, slavery would be our condition, if we should go about to overthrow the Laws of the Land, * We say no more but wish you had not. and the propriety of every man's estate, and the liberty of his person. For therein we must needs be as much patients as Agents, * No not so, for you have a power to carve for yourselves which you do. and must every one in his turn suffer ourselves, whatsoever we should impose upon others, we have ever refused to do or suffer ourselves, and that in a high proportion. But there is a strong and vehement presumption, that we affect to be Tyrants, and what is that? because we will admit no rule to govern by but our own wills: * See 1. part of book decls. pag. 696. But we wish the charge might not too truly be laid upon you. For our parts, we aver, we feel the insupportable weight of it upon both our shoulders. And therefore to conclude this, we desire to inform you, that in several of their Declarations, they declare and profess, they" will maintain what they have sworn in their protestation, the which if you please to read, you shall find there amongst other things, that they have sworn solemnly to maintain the lawful rights and liberties of the Subject, and every person what ever, that shall lawfully endeavour the preservation thereofe, and book decls. 1. part pag. 497. they solemnly Imprecate the judgements of God to fall upon them, if they perform not their vows, * Which undoubtedly will, if the word of God be true. Num. 30.2. Deut. 23.21.22. Eccle. 5.4.5. promises and duties; and say woe to us if we do it not, at least do our utmost endeavours in it, for the discharge of our duties, and the saving of our souls, and leave the success to God Almighty. Now what the liberty of the Subject is; they themselves in their Declarations excellent well describe and declare; that it is the liberty of every Subject to enjoy the benefit of the law, and not arbitrarily and illegally to be committed to prison, but only by due course and process of law, nor to have their lives, liberties nor estates taken from them, but by due course and process of Law: according to Magna Charta, and the Petition of Right, who condemns as unjust, all Interrogatory proceeding in in a man's own case, nor to be denied Habias' Corpuses, nor bail in all cases whatsoever, that by law are bailable, and to enjoy speedy trials without having the just course of the Law, abstructed against them, 1. part book decls. pag. 6. 7. 38, 77, 277. 201. 278. 458, 459, 660. 845. Yea, in their great Declaration of the 2. Novemb. 1642. book decls. 1 part pag. 720. they decleare, it is the liberty and privilege of the people, to Petition unto them for the ease and redress of their grievances and oppressions; and that they are bound in duty to receive their Petitions, their own words are these," we acknowledge that we have received Petitions for the removal of things established by Law, and we must say, and all that know what belongeth to the Course and practise of Parliament, will say, that we ought so to do, & that our predecessors and his Majesty's Ancestors have constantly done it, there being no other place wherein Laws, that by experience may be found grievous and burdensome, can be altered or appealed, and their being no other due and legal way, wherein they which are aggrieved by them, can seek redress; yea, in other of their Declarations, they declare, that is, the liberty of the people in multitudes to come to the Parliament to deliver their Petitions, and there day by day to wait for answers to them, 1 part. book decls. pag. 123. 201. 202. 209 448. And there is not a little harmony betwixt these their Declarations, and the ancient and just Law of the Land, as appears by the statute of 36. E. 3. 10, which expressly saith th●t for maintenance of the law, and redress of divers mischiefs and grievances which daily happen, a Parliament shall be holden every year, as another time was ordained by a statute of the 4. E 3. 14. yea saith learned Sir Edward Cook in the 4 part of his in statutes, chap. high Court of Parliament, fo. 11. One of the principal ends of calling of Parliaments is for the redress of the mischiefs and grievances that daily happen, and therefore saith he (Ibim) the Parliament ought not to be ended while any Petition dependeth undiscussed, or at least to which a determinate answer is not made, but truly we are afraid that if this last rule should be observed, this present Parliament must sit tell the day of judgement, for we foe our particulars may truly say, it is the furthest thing in their thoughts, duly to redress the grievances of the people: for care they take none for any thing we can see, but how to accomplish their own pecuniary ends, and to study ways how to increase mischief and grievances, and to involve the generality of the people in an everlasting case of confusion, by making their wills and lusts a law, their envy and malice a law, their covetousness, and ambition a law, for we for our parts are necessitated to declare (with anxiety of spirit) that we can obtain no justice nor right at their hands, though we have long since appealed to them for it, yet can we not obtain so much justice from them, as to get our reports made in the House, from their own Committee they themselves appointed to examine our business: neither can we so much as get our business publicly debaited in the House (because as it seems they have no time to spare, to spend to redress the Commons grand grievances, from their weighty Employments, in unjustly sharing vast sums of the Common wealth's money among themselves) although we have not ceased to use all the legal means, that both our own brain, and all the friends and interests we had about London could furnish us with, and when they failed us, God himself raised us up divers friends in the Country of our fellow Commons, who made ou● oppressions their own, and of their selves before we know any thing, were about framing a Petition in our behalf, which as soon as we knew it, we could not choose but took upon it (as to us) in the nature of a resurrection from the dead, who we have too just cause to think were buried alive, and swallowed up quick in the Canaball breasts, and man's of the man eating, and devouring House of Lords, And therefore as Paul in the like case said in the 2 Tim. 1.16, 17, 18. The Lord g●ve mercy unto the house of Onesiphorus, for he oft refreshed me, and was not ashamed of my chain. But when he was in Rome, he sought me out very diligently, and found me. The Lord grant unto him, that he may find mercy of the Lord in that day. Even so say we in the enlargedness of our souls, the Lord give mercy to the honest, manlike, and Saint like Inhabitants of Buckinghamshire: and Harford shire, for they have greatly and extraordinarily refreshed us, and were not ashamed of our chains and bonds for the liberties of their country, and when they were in London sought us out very diligently, and found us, and not only so, but the greatest part of ten thousand of them, as we understand, subscribed a petition for us, to the House of Commons, to desire them, according to their duty, to deliver us out of the devouring Paus, of the tyrannical House of Lords, and to free us from their arbitrary and illegal power, and divers hundreds of them at their own costs and charges, through much underhand opposition, came to the Cities of London and Westminster, about or upon the 10. Feb. 1646. But not finding speedy and free access to the House of Commons, with their Petition, according to their just expectation, their own primative practice, and publicly declared duty: in which regard they left behind them 6. of themselves, as Commissioners for all the rest, to improve their utmost interests to get the Petition to be delivered and read in the House, and gave unto them instructions in writing to explain some things in the Petition in case they were called into the House, and then to give a perfect account unto them what was done about their petition: but their Commissioners waited with all diligence upon the House, till the 17 or 18. of Feb. 1646. and improved (as we credibly understand) all their interests in all or the most of their own Knights and Burgesses, etc. but could not by all the means they could use get their Petition read in the House, the reason of which we are not able to render, unless it be that the people's chosen trusties of the house of Commons, are resolved to betray their trust, and to sacrifice the lives, liberties, and proprieties of all the Commons of England, to the merciless tyranny; and barbarous cruelty of the House of Lords; Oh Commons of England, awake, awake, and look seriously and carefully about you, before you be made absolute vassals and slaves, unto the lusts and wills of those that you have preserved alive with your blood, and treasures, from whom ye deserve better than you find, or are likely to enjoy. The Lord grant unto the foresaid men of Buckingham-shire and Harfordshire, that they may find mercy of the Lord in the day of their account, and the Lord God grant that their spirits may not faint, flag, nor be weary, but that they may reneve their strength, & double and trible their Petition, and never give over till they have made them and their posterity free, from the bondage of the Lords, and shaked of all arbitrary power whatever. And the Lord God of heaven raise up the spirit of all their fellow Commons in all the Counties of England to second them and join with them, in that legal, just and righteous work they have begun, and to glue their hearts and souls together, as Jonathan and david's was, that they may never part nor be divided, till they have accomplished their just enterprise, and the good Lord, require all their kindnesses and labour of love, manifested unto us poor afflicted and distressed prisoners seven fold, into their own bosoms. Amen, Amen. But now in regard our friends, nor their Commissioners cannot get their Petition to be delivered, in which regard they have all left the City and Parliament, as despairing in obtaining their just end at the present, and are gone down into the Country, truly to acquaint the rest of their friends how they have been dealt with, we judge it our duty, & that we are so much bound to ourselves and the whole Kingdom, (though we must truly confess, that we have no such Commission from the petitioners not their Commissioners) as to publish a true Copy of their Petition and instructions, which thus followeth. To the right Honourable, the betrusted Knights, Citizens', and Burgesses in the Commons House of Parliament (England's legal, Sovereign power, Assembled.) The humble Petition of the Inhabitants of Buckingham-shire, and Hartford-shire, etc. Whose Names are hereunto subscribed. HUMBLY SHOWETH. THat your Petitioners, and the rest of the freemen of England, before the beginning of this Parliament, being almost destroyed of their Laws, Libertyes, and Freedoms, by the arbitrary machinations, politic designs, and practices of the Pattentee-Monopolizers, and of other arbitrary supplanters and Agents; which laboured to subvert the Fundamental Constitutions of this Realm, and to set up a tyrannical Government, tending to the utter vassalage, and overthrow of all the free people of this Kingdom, together with their Natural, Nationall, and Legal Rights and Liberties, God putting into our hands, an opportunity to free ourselves from those tyrannies and oppressions; We, for our better weal and happiness, chose and betrusted your Honours for the same end and purpose; and to that end we have elected, invested, and betrusted you with our indubitable and natural power and Birthrights, for the just and legal removal of our Nationall Evils; In the expectation whereof, we have waited ever since your first sitting; continually and cheerfully assisting you with our lives, persons, and estates, being much encouraged thereto by the several Protestations, and Declarations, wherein you have solemnly protested before the great God of Heaven and Earth, and to the whole world declared your upright and well grounded resolutions, to vindicate the just liberties of every Freeborn English man, without exception. Now therefore, our most humble request unto your Honours, is, that you would (according to your duties, and the Great Trust reposed in you) take into your consideration the slavish condition, that we the free People of England are yet subject unto, by reason of those Arbitrary practices that are still continued, acted, and perpetrated upon us by some prerogative men of this Kingdom; whom we humbly conceive, have no power over our bodies or Estates, they being not Elected thereunto by the freemen of England; and therefore may not Commit our bodies to prison (contrary to the Fundamental laws of this Kingdom) as we suppose hath been done to some Freemen of this Kingdom without producing any Legal Authority, that your Petitioners can hear of; for what they did. Wherefore your Petitioners most humble desire is, that you would, according to the respective Appeals of the said Free Subjects unto this Supreme House, be pleased to take their cause into the legal judgement, and speedy determination of this House, as the whole matter thereof shall be reported unto you, by the honourable Committee, for consideration of the Commons Liberties, who have their whole manner of the proceed against them, together with their respective defences ready to represent unto your Honours, and to grant unto them your indubitable justice (according to their late Petitionary, and still constant desires) whereby they may receive the Sentence of this House, either for their present justification, or condemnation; that they may not be ruined and undone by an arbitrary and injustifiable Imprisonment. And if that, through the urgent affairs of the Kingdom, your occasions will not afford you so much time, as to consider and expedite their business at present: Our humble request is, that you would by an Order from this House, forthwith set them free out of Prison; they giving legal security for their future forth coming, until such time as your honours shall be pleased to hand out to them full and effectual justice. And that you would be pleased, in case the principal Informers and Actors be found guilty, to grant them full and ample reparations according to the Law of the Land. And further, that you would take care for the time to come, to free us and our children from the fear and prejudice of the like Arbitrary and Prerogative proceed, according to your late promise in your most just Declaration of the 17. of April 1646. And your Petitioners as in duty bound shall ever pray, etc. Instructions agreed upon as the sense of the Petitioners of Buckingham-shire, and Hartford-shire. First the persons imprisoned, Lieutenant Colonel John Lilburn, Mr. Overton, his Wife and Brother, Mr. Larners Brother and Maid, etc. Secondly, by Prerogative-men, we mean such as sit to try Commoners, and are not elected by the free choice of the People. viz. the House of Lords. Thirdly, by Arbitrary practices, we mean such as are contrary to the Law of the Kingdom. As first for any persons to try those their are not their Peers or Equals: witness Magna Charta. C. 29.3. E. 1.6. Sir Edward Cook's exposition of the 14 and 29 C. of Magna Charta, etc. (as the House of Lords have done, and would have done all the above mentioned.) Secondly, For any to imprison men for not answering to Interrogatories in Criminal Causes. We must profess to all the world, we are in amazement, and almost at a stand, when we consider that the House of Commons, who are chosen and betrusted by the people for no other end in the World, but to maintain, preserve and defend, their Laws and liberties, and to redress their mischiefs and grievances, and to provide for their earthly happiness and well-being, book. decls. 1. part. pag. 150. which they have so often sworn, vowed, protested, and declared to do, that they should be so negligent in performing their trust and duty, and making good their Oaths and Vows, in not doing us justice and right, according to the Laws of the Kingdom, (who have legally and formally, long since appealed to them for that end,) but suffer before their faces, the tyrannical House of Lords, arbitrarily and illegally to destroy us; and to tread and trample under their feet, the Laws and Liberties of all the Commons of England, and so by consequence make us all Vassals and Slaves, to their tyrannical lusts and wills. But Considering that by nature's principal, we are bound to the utmost of our power to preserve ourselves, and to leave no ways and means unattempted that tends thereunto, we cannot yet sit still, but go on, and the rather because our judges to whom we have appealed to for justice, tell us in their Declaration of the 19 May 1642. 1. part book decls. pag. 207: That this Law is as old as the Kingdom. That the Kingdom must not be without a means to preserve itself, the ground and reason of which Law, extends to the benefit of every particular individual man in the Kingdom, whose destruction, contrary to the law of the Land is endeavoured by those that should preserve them, which is our case, as well as it was theirs, (in reference to the King) with whom we have to do, and therefore we desire for the satisfying of all to whom this is directed, to declare out of their own Declarations, their arguments against the King, when he ceased (as they say, page 636. 580.) to extend his legal protection and justice to them; but this by the way, we must aver, that we are very confident the King is ten times more fortified, and hedged about with the Law of the kingdom, than they are. Which we demonstrate thus, they are all as they call themselves Subjects, and therefore though their privileges be great as they are Parliament men, yet they are (or at least ought to be) by their own confession subject to the severity of the Law, in cases of treason, felony, and breach of the peace, 1. part book decls. pag. 48. 278. which is also averred by that able and learned Lawyer Sir Edward Cook in his 4. part institutes chap. of the high Court of Parliament, fol. 25. which book is published by their own special Order, but we read not in any of their Declarations, that they themselves aver any such thing of the King. And therefore if by themselves, their arguments be esteemed just and sound against him, for not doing his duty (who is much more fortified by Law then themselves) then much more when they cease to do their duty, and in practice destroy the laws and liberties of the Kingdom, and subject the free men thereof to an Arbitrary and tyrannical power, (which we aver they have done us) will their own arguments serve and be sound and good against themselves. Therefore we desire to declare unto you, that when they apprehended themselves in danger, they sent unto His Majesty the 31. Decem. 1641. book decls. 1 part pag. 44. and desire him that they may have a guard, in which message they have these words. They have therefore their recourse unto your Majesty, most humbly beseeching you, that if it may ●end with your good l●king, if they provide for their own safety, which the very Law of nature * Mark it well. and reason doth allow unto them, it is their humble desire, that they may have a guard out of the City of London, commanded by the Earl of Essex, Lord Chamberlain of your Majesty's household, of whose fidelity to your Majesty and the Common Wealth, they have had large experience. And in their Petition to his Majesty about the Militia: 2. March 1641. book decls. ● part pag. 92, 93, 94 after they have told his Majesty what danger they are in, for, want of settling the Militia, they use these very words. Wherefore they are enforced in all humility to protest, that if your Majesty shall persist in that denial, the dangers and distempers of the Kingdom are such, as will endure no longer delay. But unless you shall be graciously pleased to assure them by th●se messengers, that you will speedily apply your royal asse●t to the satisfaction of their former desires, they shall be enforced, for the safety of your Majesty and your Kingdoms, to dispose of the Militia, by the authority of both Houses, in such manner as hath been propounded to your Majesty: and they resolve to do it accordingly. And a little below, they beseech his Majesty to be informed by them, that by the Laws of the Kingdom, the power of raising, ordering, and disposing of the Militia, within any City, Town or other place, cannot be granted to any Corporation by Charter, or otherwise, without the authority and consent of * Observe this well ye free men of England. Parliament: and that those parts of the Kingdom which have put themselves into a posture of defence against the Common danger have therein done nothing but according to the Declaration and direction of both Houses, and what is justifiable by the Laws of the Kingdom. And in their Declaration of the 19 May 1642. pag. 202. they say, we must maintain the ground of our fears, to be of that moment, that we cannot discharge the trust and duty which lies upon us, unless we do apply ourselves to the use of those means, to which the Law hath enabled us in cases of this nature, (viz. to settle the Militia without, and against his consent) for the necessary defence of the Kingdom, and as his Majesty doth graciously declare, the Law shall be the measure of his power, so do we most hearty profess, that we shall always make it the rule of our obedience. But O say we! that you had not now forfeited all your credit, by notoriously violating your never intended to be kept promises. And in their Petition to the King about the business of Hull. pag. 465. 466. they say, we shall be ready to settle the Militia, in such way, as shall be honourable and safe for your Majesty, most agreeable to the duty of Parliament, and effectual for the good of the Kingdom, that the strength thereof be not employed against itself. And we say we wish it may not, to the setting up of a tyranny of another nature, but worse than the former we groaned under. But we go on to their answer of the King's positions, which answer is annexed to their great Declaration of the 2. No. 1642. where in the third answer pag. 726. they say, that we did and do say, that a Parliament may dispose of any thing, wherein the King or any Subject hath a right, in such way as that the Kingdom may not be in danger thereby, and that if the King, being humbly sought unto by his Parliament, shall refuse to join with them in such cases, the representative body of the Kingdom is not to sit still, and see the Kingdom perish before their eyes, and of this danger they are Judges. Here may be an excellent Argument drawn from the greater to the less, which will undeniably hold good against the Arbitrary and Illegal practices of the Parliament, which we in our particulars groan under. Now all these things considered, we hope it justly cannot be taken ill at our hands by the Parliament, nor by any rational or understanding man in the Kingdom, though never so much devoted unto implicit, and blind Presbyterian, Synodian obedience, if we for our preservation shall tread in the Parliament steps by appealing to the People against them, as they did against the King, especially considering they deal worse with us then ever he dealt with them, for he did not actually imprison their bodies, and thereby rob them of their liberties, trades, lively hoods and subsistence, and allow them nothing to live upon, and expose their whole families, to (the eye of reason to an unavoidable famishing and perishing condition; all and every of which (contrary to the Law of the Land, Justice, reason and conscience) they have actually with a great deal of Barbarous cruelty done to us. But before we do solemnly, seriously and actual appeal to the people, as of necessity, if by them we cannot enjoy justice and right, and the benefit of the known and unrepealed Laws of the Land which is all we crave or desire; (We both must and will: cost it hanging or burning or what ever it will) we desire from their own words to make our way plain before hand, and the more to leave them without excuse before God, and all our fellow Commons of England. Seeing skin for skin, and all that a man hath, will he give for his life, job 2. And therefore in the first place, we must profess in their own words in their Declaration to the States of Holland; pag. 637, that we have no other design (in the world) but not to be destroyed, and save ourselves, Laws, Liberties and Freedoms, and let not them say, if we should formally appeal to the people, that we maliciously endeavour to dissolve the whole frame and constitution of the civil policy and government of this Kingdom, into the original Law of nature, by arraigning and condemning before the people the High Court of Parliament, from whence legally there can be no appeal, we do truly confess (and own) the Honourable House of Commons, whose just interest we honour with all our hearts, to be to us the legal supreme power in the Kingdom, from whom we conceive in law we have no higher appeal, but if the House of Commons will not do us justice and right, and so discharge their trust and duty, but suffer the Lords contrary to the Law of the Land (which they have sworn to maintain) to murder and destroy us, our wives and children, and by consequence the liberty of all the Commons of England, we cannot nor dare not, for fear of being Traitors and felons to ourselves, sit still, and willingly suffer ourselves contrary to the good and just Laws and constitutions of the Kingdom to be destroyed by the Lords; who in Law have no more power to commit our bodies to prison being Commoners, than we have to commit theirs. Therefore, it is not we but they themselves, that dissolve the legal frame and constitution of the civil policy and government of the Kingdom, by suffering will and lust, but not law to rule and govern us, and so reduce us into the original Law of nature, for every man to preserve and defend himself the best he can, and therefore since it must be so (for so it is) we in their own words pag. 690. say in God's name, let the people judge every man within his own breast, whether they or we are most guilty of the foresaid charge. But we come to their own words in their appealing to the people, and craving their aid and assistance to help to preserve them, against those that (they say) contrary to Law would have destroyed them, and we shall begin in the first place with the Protestation which they made and took the 3. of May 1641. and by an Order of the 5. May, 1641. give their approbation to the taking it by any Commoner of England in the preamble of which, they spend much time to demonstrate, that there have been and still is, a strong endeavour by a Malignant party to subvert the Fundamental Laws of England, etc. And to introduce the exercise of an Arbitrary and tyrannical government, and therefore they swear and protest," they will maintain the lawful Rights and Liberties of the Subject, and every Person that maketh this protestation, in what soever he shall do in the lawful persuance of the same, And to my power, and as far as lawfully I may, I will oppose and by all good ways and means, endeavour to bring to condign punishment all such, (whether Lords or Members of the House of Commons without exception)" as shall either by force, practice, counsels, plots, conspiracies, do any thing to the contrary, and by their Vote of the 30 june 1641. They say, that what person soever will not take this Protestation, is unfit to bear office in the Church or Commonwealth. Now let us see what use they make of this Protestation against the King, and we shall find in the 1. part book decls. pag. 190. 191. The Vote of the House of Commons in these words Resolved upon the Question. That this House doth declare that if any person whatsoever shall arrest, or imprison the persons of the Lords and Gentlemen, or any of them: or any other of the Members of either House of Parliament, that shall be employed in the service of both Houses of Parliament, or shall offer violence to them, or any of them for doing any thing in pursuance of the commands or instructions of both Houses, shall be held disturbers of the proceed of Parliament, and public enemies of the State. And that all persons * Mark it well ye Commons of England. are bound by their Protestation to endeavour to bring them to condign punishment. An Order of the self same effect you may read, pag. 156. made by them 26. Appill 16●2. And in their Declaration of the 26. May 1642 pag. 278. speaking of the Kings proclaiming Sir john Hotham a Traitor, without due process of Law, they declare it not only a breach of the Privilege of Parliament, but a subvertion of the Subjects common right, yea, and such a breach of the Privilege of Parliament, as that the very being thereof depends upon it: and therefore (say they) we no ways doubt, but every one that hath taken the Protestation, will, according to his solemn Vow and Oath defend it with his life and fortunes. And in their Declaratioe of the 19 May 1642. pag. 214. speaking of the many difficulties that they are forced to encounter with in the discharge of their duty to the Kingdom, they say, yet we doubt not, but we shall overcome all this at last, if the people suffer not themselves to be deluded with false and specious shows, and so drawn to betray us to their own undoing, who have ever been willing to hazard the undoing of ourselves, that they might not be betrayed by our neglect of the trust reposed in us. And in their smart Declaration of the beginning of August 1642 pag. 496. replying unto his Majesty's Answers to their propositions, they say, And having received so sharp a return, such expressions of bitterness, a justification and a vowed protection of Delinquents from the hand of justice, Demands of so apparent danger, such manifestations of an intention to destroy us, and with us the whole kingdom, (and this most clearly evidenced by their subsiquent actions, even since these propositions have been made unto us from his Majesty, overrunning several Countries, compelling the Trained Bands by force to come in and join with them, or disarming them, and putting their Arms into the hands of lewd and desperate persons, thereby turning the Arms of the Kingdom against itself) it be not fit for us, not only not to yield to what is required, but also to make further provision, for the preservation of ourselves, and of those who have sent us hither, and entrusted us with all they have, Estates, Liberty and life, and that which is the life of their lives, their * That we absolutely deny, and therefore if the blind lead the blind, they must needs both fall into the ditch. Religion, and even for the safety of the King's person now environed by those, who carry him upon his own ruin, and the destruction of all his people: At least to give them warning, that all this is in danger: That if the King may force this Parliament they may bid fare well to all Parliaments, from ever receiving good by them; and if Parliaments be lost, they are lost; their Laws are lost, as well as those lately made, as in former times, all which will be cut in sunder, with the same sword now drawn for the destruction of this Parliament. Then if they will not come to help the Parliament, and save themselves, though both they and we must perish, yet have we discharged our Consciences, and delivered our souls, and will look for a reward in Heaven, should we be so ill requited upon Earth, by those of whom we have so well deserved; which we cannot fear, having found upon all occasions, such real demonstrations of their love and affection, and of their right understanding and apprehension of our and their common danger. And in their large Declaration of the 2. Novem. 1642. pag 699. speaking of his Majesty's charge in his Declaration where he compaires them to the Anabaptists mentioned in Mr. hooker's book, they say if ever God shall discover the foul Authors of so false a calumny, we doubt not but the Kingdom (that is the universality of the people) will be very sensible of it, and esteem that they can never do themselves right, * And if the people should do themselves right, What should become of the Earl of Manchester, old Sir Henry Vain, Mr. Barw●s, etc. for visibly betraying their several trusts. See England's Birthright, etc. but by bringing to condign punishment, such persons as could find in their hearts to lay so vile an aspersion upon the Parliament, a name that always hath, and we hope always shall be of so great honour and reverence within this Kingdom. And in the same Declaration, pag. 728. answering his Majesty's charge fixed upon them, of designing the ruin not only of his Majesty's person, but of Monarchy itself. And we appeal to all the world, (say they) whether worse words than these can be given us? And whether we may not justly expect the worst actions that the malice and power of the Malignant party about his Majesty can produce? And whether it be not high time for us to stand upon our defence, which nature teacheth * A●ve all here expressed take notice of this special undenable and accued principal. every man to provide for, and this Kingdom, unless it be very unnatural, and unmindful of itself, cannot but afford to them whom it hath entrusted and by whom it is represented. Now from all the forementioned authorities, and arguments of the Parliaments own Declarations, we draw these conclusions (which naturally flow from them) first that all majesterial Power in England whatever, are but Offices of trust, and bound up with this limitation, to be executed for the good of the trusters. Secondly that it is possible, that all or any, of the several majesterial trusties may forfeit their, or its trust. Thirdly that in case of ●orfiting the Majesterycall trust, the trusters (the people) are disobleged from their obedience and subjection, and may lawfully do the best they can for their own preservation; but if what hath been said, be not fully clear out of all doubt to prove the foresaid dedutions. We will only add two more proofs at present of there own authorities which will put them all out of dispute the first is out a late sheet of paper, newly Printed according to Order of Parliaments Entitled King james his Opinion and judgement concerning a Real King and a Tyrant, extracted out of his own speech to the Lords and Commons in Parliament at White-Hall. 1609. A King (saith King james) in a settled Kingdom, binds himself to a double oath, to the observation of the fundamental Laws of his Kingdom, tacitly, as by being a King, and so bound to perfect, as well the People, as the Law of his Kingdom, and expressly by his oath at his Coronation. So as every just King in a settled Kingdom is bound to observe that Paction (or Covenant) made to his people by his laws, in framing his government agreeable thereunto, according to that paction made with Noah, after the deluge (Gen. 9.11.) therefore a King governing in a settled Kingdom, leaves to be a King and degenerates into a Tyrant, as soon as he leaves of to rule according to his laws; therefore all Kings that are not Tyrants or perjured, will be glad to bond themselves within the Limits of their Laws, and they that persuade them the contrary, are Vipers & Pests, both against them & the Common Wealth, thus far King james, out of which the Author of that sheet draws nine inferences or conclusions, the fift of which is in these words. That a King governing in a settled Kingdom as the Kingdom of England is, leaves to be a King, so soon as he leaves of and fails to rule according to his Laws. And so leaving of to be a King, the government on his part is infringed, so as the people are no longer his subjects to obey him in his lawless government, then be is their King governing them according to his Laws, to the same effect is his sixth conclusion, and in the last end of the seventh, he hath these words. That if Kings cease to be Kings, setting up an absolute tyranny over the People, to govern them no longer by the Laws as free borne liege People, but lawlessly as vassals and slaves, then on the other side the people leaving to be subjects, do own them no more obedience, as being none of their Kings, but as usurping tyrants. For as a King turning Tyrant, practising tyranny under the name of prerogative, hath broken the bonds of the Kingdom; so the subjects own him no more duty of liege people, except they will avow themselves his Slaves, and so betrayers of their own and the public liberties, which ought to be more precious unto them than their ●l●ves and ●●●ds. Again 8 a K●ng so degenerating into a Tyrant, is by the verdict of K. james departed a perjured man etc. & perjured men as they are odious to God, so they bring an execration upon a land, Za. 53.4. and if so then say we, woe, woe, woe, unto poor England, by reason of the perjuries of the dissembling Lords and Commons at Westminster, that have laid aside the Law, and trodden under their feet, the liberties of England. And the unreverend Dissembly of Divines, that rob jesus Christ of his honour and glory, by jusling him out of his regalliry and Kingship given unto him by his Father, and yet take oaths themselves, and force other men to do so too, to maintain the Law, and liberties of the Kingdom, and to set up and Ecclesiastical Church government according to the word of God, and yet set up nothing but a spiritual and temporal tyranny, and with a high hand endeavour the destruction of every man, that endeavours to keep them close to their violated oaths and Covenants, therefore whatsoever the author of the forementioned discourse avers of a King, when he seeks to govern according to his laws, the same do we aver of a Parliament, and Parliament-men, that when they cease to execute the end of their trust, which is as themselves say, to provide for the people's weals, but not for their woes, and do merely endeavour to make themselves tyrants over the people, to govern them not by the established laws, but by their lusts and wills,, they do thereby make the people their vassals, and slaves, (as much as in them lies) and thereby disobleidge the people to obey, stoop or submit, to any of their commands, but in the eye of God and all rational men, may as justly resist and withstand them, and by force of Arms defend themselves against them, (as a company of forsworn men that have forfeited their majesterial trusts, and are degenerated into the habits of tyrants) as they withstood, and by force of arms defended themselves against the King, for the further proof of which in the second place, read their own words 1. par. b. dec. pag. 150. which thus follows. For it cannot be supposed that the Parliament would ever by Law intrust the King, with the Militia, against themselves, or the Common wealth, that entrusts them to provide for their weal, not for their woe. So that when there is certain appearance or grounded suspicion, that the letter of the law shall be improved, against the equity of it (that is the public good, whether of the body real or representative) then the commander going against its equity, gives liberty to the commanded to refuse obedience to the letter, for the Law taken a stract from its original reason and end, is made a shell without a kernel, a shadow without a substance, and a body without a soul. It is the execution of Laws, according to their equity and reason, which (as I may say) is the spirit that gives life to authority, the letter kills Nor ne●d this equity be expressed in the law, being so naturally employed and supposed in all Laws that are not merely imperial, from that Anology which all bodies politic hold with the natural, whence all government and governor's borrow a proportionable respect; and therefore when the Militia of an Army is committed to the General, it is not with an express condition, that he shall not turn the mouths of his Cannons against his own Soldiers, for that is so naturally and necessarily employed, that it is needless to be expressed, in so much as if he did attempt, or command such a thing against the nature of his trust and place, it did ipso facto estate the Army in a right of disobedience, except we think that obedience binds men to cut their own throat, or at least their companions. We shall at present leave the application to them whom it most concerns, and wait as patiently as we can to see the operation of it, which if it be not according to our expectation, we shall be necessicated to put some stronger pills into the next, and so at present conclude and rest. From our Prerogative Captivity, (for the Laws and the public liberties of all the Commons of England, against the tyranny and usurpation of the House of Peers) in the prisons of the Tower of London, and Newgate this last of Februa. 1647. Your faithful and true Countrymen, though commonly (by the Scribes and Pharisees, Hypocrites of our present age) called Heretics and Schismatics, and Movers of sedition. john Lilburn. Richard Overton. The Publisher to the Reader. Courteous Reader, having here some spare room, I judge it convenient to fill it up with a notable petition delivered to the House of Commons, the 1. of March 1646. by young men, whose zeal and forwardness for their Countries good, may be a shame to all the old men in the City, the Petition itself thus followeth. To the High and Honourable the Knights, Citizens and Burgesses, in the supreme Court of Parliament Assembled. The Petition of divers Young men and Apprentices of the City of London, humbly Sheweth, THat out of the grounded confidence we have of the readiness of this Honourable House to hear and repair the grievances of all those for whose well far you were chosen and betrusted to take care and provide: and being encouraged unto the same, by several good Ordinances and Declaration of your own to that purpose. * A Declaration May 19 1642. Remonst. may 26. 1642. We whose names are hereunto annexed, although the meanest members of this great Commonwealth: yet having by birth a right of subsistence, here conceive ourselves (in our proportion) to have as real an interest in the Kingdom's enjoyments, as those who in respect of place or other accidents are above us: As also many of us, having under the direction of your Honourable grave Counsel and Guidance, freely adventured our lives, for the preservation of our Native Rights, and the just Privileges of our dear Country, against the public violaters of the same: upon these and other serious grounds, we are bold at this time to make our humble addresses to this Honourable and supreme Court of judicature, (the only refuge under God we have to fly to) And in the first place, we cannot but with all thankfulness take notice of the unwearied pains, together with many great and almost intolerable difficulties by you undergone, in the faithful discharge of your trust, in bringing about the establishment of a well grounded peace. The perfection of which (in relation to the common enemy) seems now by the blessing of God to be brought near to a wished period: Yet the consummation of this work being (as it were) the Crown of all our labours, we humble conceive it may deservedly challenge from you a more than ordinary respect, which we doubt not but that your grave wisdoms are very sensible of: yet, noble Senators, let it seem no presumption, if we your poor Petitioners in all humility make known the grounds of some fears and jealousies to us apparent in this particular. And those are (amongst other great grievances) chief derived from the present sense we have of the too much prevalency of that party who have dealt in the late wars, declared themselves disaffected to the peace and welfare of the Kingdom; who now seem to be in hopes of obtaining that by policy which they have not been able to do by force. Cunningly contriving to aggravate and increase differences between the well-affected party, and striving to bring an Odium upon all good men, under the distinction of several terms of obloquy and disgrace, by such subtle endeavours, labouring to avert the edge of justice from themselves (who come deservedly under the stroke of it, and turn it upon those who are most innocent. Strongly endeavouring (and have already affected it in part, to justle all honest, faithful, well affected men out of places of trust, office and authority, and to put in Newters, Ambodexters, or persons apparently disaffected: By all these means, together with the advantage of the Kingdom's present unsettledness) they seem to be in a more than probable expectation of getting the reins once more into their own hands, to the evident endangering of the Commonwealth's speedy ruin, and to the great grief of your poor Petitioners, and all others who cordially desire the peace and safety of this distracted Kingdom. And further we are bold to make known, as more particularly relating to the condition of your Petitioners, That whereas, we at our being made free of the City are enjoined by oath, to maintain the Libertyes and Privileges of the same City, which notwithstanding we are in a great measure disabled to do, by the intercession of divers illegal and undue Customs and Monopolies (partly about the election and removal of our Magistrates) crept into the dimunition of the ancient Liberties of this famous City, A clause of 11. of Hen 6. whose just immunities we are confident your Honours have been and are very tender of. Wherefore, your Petitioners humbly pray that this honourable House, taking into consideration the Premises, would be pleased by your mature Prudence and Care, to endeavour, as much as possibly you can, to take away all occasions of breaches between the well affected party. And that such as have in these late times of trouble, by adventuring their lives or otherwise, approved themselves faithful to their Countries common good, may without respect to differences, no ways prejudicial to the Common wealth, impartially enjoy their Birthright Privileges, and be equally capable with others of the freedom to officiate in place of trust, which they are or shall be chosen unto. And on the contrary, that all those who have does franchised themselves by Traterously adhering to the enemy, may be disabled from bearing office, or voting in the Election of offices in the Commonwealth. And we further crave, with submission to your Honour's grave approvements that in regard of the Kingdom's present unsettledness, it may not be left destitute of a trusty and sufficient guard to secure it from intestine Broils, and foreign Invasion. And as for your Petitioners more particular grievances, as they are members of this City, we humbly pray that you would be pleased by your Authority so to provide, that we, as we are or shall be capable of it, may be enabled to enjoy the benefit of all ancient Charters and Grants, made and confirmed by several Acts of Parliament, for the enlargement of our freedoms and Privileges; ● especially 4. Chart. of King john 5. Chartley of Edw. 2. confirmed ●y Ed. 3. and that whatsoever hath been illegally intended, may be taken away and made void. And lastly, as some have desired, we likewise pray, that, if so small a thing may be worthy the intention of this grave and Honourable Assembly, you would be pleased to appoint some times of lawful Recreation for servants, as your wisdoms shall think fit. And your Petitioners, as they have many of them already, according to their duty, freely adventured their lives, and whatsoever was dear to them for the common safety of their Countr●● so they still profess their readiness, to give their best assistance to the suppressing all Arbitrary and tyrannical power; and to the upholding the fundamental Rights and libertyes of freeborn English men, and the just Privileges of this Honourable House against all that shall set themselves in opposition of the same, And be ever bound to pray, &c, Whatsoever is contained in the Petition, the Subscribers will be ready to make good by Particular instances, when they shall be lawfully called to the same. Die Lunae 1. March 1646. A Petition being styled the humble Petition of divers Young men and Apprentices of the City of London was this day read, and it is ordered that Alderman Atkins, Col. Venn, and Mr. ●ass●●l, do from this House give the Petitioners thanks for the expressions of their good affections▪ that they will take their Petition into consideration ●n convenient time; and as for that business concerning days of relaxation is already under consideration and Committee. Hen. Elsing Cler. Par. Dom. Com. FINIS.