TO The right Honourable, the Knights, Citizens, and Burgesses, the Parliament of England, assembled at Westminster, The humble Appeal and Petition of Mary Overton, prisoner in Bridewell:  
SHOWETHS,  
THat whereas the public safety and liberty of the people is the main end of all Government, and Governors, whether Regal, Parliamentary, or other; and the Law of the Land usually called the Common-Law, being grounded upon right reason and equity, the true Rule and Directory, both for ruling and obeying, which to preserve, as the King declareth in his Answer to your Petition of the 23. of May, 1643. ought to be the perpetual and vigilant care of a Prince, and acknowledgeth, that upon the observation of the Fundamental Laws, the public happiness and welfare of the people is founded and constituted; calling God to witness, That the preservation of the Law, and the Liberty of the People, should always be as much his care and industry, as the life or lives of his dearest children; professing, to make the Law the measure of his Power, and that there was no man so near unto him in place or affection, whom he would not leave to the justice of the Law; himself acknowledging the Law to be the Inheritance of every Subject, and the only security he can have for his life, liberty, or estate, the which being neglected, violated, or disesteemed under what specious shows or pretences soever, a very great measure of infelicity, if not irreparable confusion would in avoydably ensue; and that he was resolved not only to observe the Laws himself, but to maintain them against all opposition: and the Law respecteth nothing more than the Liberty and Freedom of a man's person, according to the ancient and grave Lawyer Forteseve, Impius & crudelis est, qui libertati non favet: Angliae Jura in omni casu libertati dant favorem; yet notwithstanding these so many reiterated professions and asseverations, so often emitted in the King's Declarations and Answers, and other golden baits of profit and preferment, neither your Petitioners husband (now prisoner in Newgate by the House of Lords) nor your Petitioner could in the least wise be induced to comply with the King or his party against this honourable House, as many thousands have done, who now are at liberty, and under your protection, to your high dishonour, and to the great grief of your best and most faithful friends: but being confident that you the betrusted of the Kingdom, according to your many Vows and Protestations, Covenants, Declarations, Remonstrances, Ordinances, and to the high and great Trust reposed in you, would have long ere now improved all your endeavours, powers, and interests for the redemption and advancement of our ancient (though of late years much invaded) Rights, Laws and Liberties, which are our Birthright and Inheritance, as you (as well as the King) have often told us, calling God to witness, that the peace and good of the people ever was your only aims; professing unto us in the presence of the allseeing Deity, that our peace and safety is the only end of all your Counsels, and endeavours, resolving therein to continue free from all private aims, or personal respects whatsoever: and that you never intended to introduce any new Law to our prejudice, much less to exercise any arbitrary power at all, but to your utmost to prevent it, holding it your duty to use your best endeavours that the meanest of the Commonalty might enjoy their Rights, Liberty, and Benefits of the Law, being equally interested and entitulled thereto, with the greatest Subject, confessing and acknowledging, that the sitting of the PARLIAMENT ought not to suspend the Law, the execution thereof according to equity, being the very Spirit (as you tell us) which gives life to authority; from all which and manifold other Premises, and Obligations, even out of your own mouths, the Commonalty of England are invited and enabled justly to challenge and expect from this House the just defence, preservation, and fruition of all their Rights, Laws, and Liberties, in their lives, persons and estates, restraint of, and protection against the malice and fury o those that seek their ruin, by any arbitrary domination, or other practices whatsoever; and therefore for that end are all obliged to stand by you, and for you: but on the contrary, to return contrary effects, for contrariorum contraria sunt consequentia.  
But now so it is, though your Petitioners husband hath constantly adhered to the Parliament, and hath given ample testimony of his sincere and upright affections to this honourable House, to the just Laws and Freedoms of England in general, and to the Rights and Properties of all and every Commoner in particular, by his constant and faithful endeavours to that end, as many hundreds in the City, yea (I may take the boldness to say) many thousands in the Kingdom can witness in his behalf, yet notwithstanding upon the 11. of August, 1646. had his house surrounded with divers armed men with swords and muskets, under the Conduct of one Robert Eales, and by the said Robert Eales (Deputy-Catchpole to the House of Lords) with his Sword drawn in his hand, and by one M. Eveling (dweller at the green Dragon in the Strand) with his pistol ready cocked, was suddenly and violently entered, and his person laid hold of, without Warrant either Legal or pretended first shown, and so by force of arms was in an hostile manner led captive to the House of Lords, who would (High-Commission-like) have examined him against himself; which he refusing, and appealing to this honourable House as his proper and competent Judges, was therefore by the Lords, under the pretence of contempt to that House, committed to the infamous Goal of Newgate, there to be kept till their pleasures should be further signified; Which (as your Petitioner humbly conceiveth) tendeth to the high violation of the fundamental Laws of this Land, the utter subversion of the Common Liberties of the people, and of your Petitioners husbands native Right and Inheritance in particular, for by the great Charter of Liberties the Lords cannot pass Judgement upon any Commoner in cases criminal concerning life, liberty, or estate, neither can any other Court or Justices whatsoever, before Indictment or presentment, or by other due process in Law, take away Commoners life, liberty, or goods; nor ought any man by Law, to be forced by Oath to answer to Interregatories to accuse himself in any criminal causes, which concern either his life, liberty, loss of goods, or freehold, but aught to be convicted first by witnesses, presentment, or the verdict of twelve men, or upon or by his own voluntary confession without oath or co-action, as by the Laws, Statutes, and Authorities here set down, is clearly proved.  
The Statute of Magna Charta (31. times confirmed in Parliament) cap. 29. Enacts, That no Freeman shall be taken, or imprisoned, or deceased of his Freehold or Liberties, or free Customs, or outlawed, or exiled, or otherwise destroyed: neither will we pass upon him, nor condemn him, but by lawful Judgement of his Peers, or by the Law of the Land. Now what is understood by the Law of the Land, these ensuing Statutes yet in force, declare and explain. The Statute of 5. Edw. 3. c. 9 ordains, That no man from henceforth shall be attached for any Accusation, nor forejudged of life, nor limb, against the form of the great Charter.  
The Statute of the 25. Edw. 3. c. 4. enacts, That from henceforth none shall be taken by Petition or Suggestion made to the King, or to his Council, unless it be by Indictment and presentment of good and lawful men, where such deeds be done, in due manner, or by process made by Writ Original at the Common-Law, etc. and if any thing be done against the same, it shallbe redressed, and holden for none.  
The Statute of 28. Edw. 3. c. 3. provides That none of what estate or condition that he be, shall be taken or imprisoned, without being brought to answer by due process of Law.  
The Statute of 42. Edw. 3. c. 3. complaines and concludes thus, To eschew the mischiefs and damages done to divers of the Commoners by false accusers, which have often times made their accusations more for vengeance and singular profit, then for the profit of the King, or of his People, of which accused persons some have been imprisoned, and others caused to come before the King's Council by Writ, and otherwise upon grievous pain against the Law: It is assented and accorded for the good Government of the people, that none be put to answer without presentment before Justices, or other matter of Record, or by due Process, or by some Writ Original, according to the old Law of the Land; and if any thing from henceforth be done the contrary, it shall be void in Law and holden for error.  
All these recited Statutes are mentioned and ratified as the undoubted Laws and Liberties of the Kingdom, by the late Petition of Right, 3. Caroli.  
The Statute of 25. Hen. 8. c. 14. recites, That it standeth not with the right order of justice nor good equity, that any person should be convict and put to the loss of his life, name, or goods, unless it be by due accusation and witness, or by presentment, verdict, confession, or Process of Outlawry: since by the Law of the Realm no man can be put to death for treason committed to the peril of the Kings most royal Majesty, but by Presentment, Verdict, Confession or Process of Outlawry.  
And the Statute of 1. Eliz. c. 1. enacts, that no man shall be indicted or arraigned for any offence against the Law, but by two sufficient Witnesses at the least, and that viva voce, face to face, if they be alive, or within the Realm. The reason given in the Law-books against enforced Oaths, is, because no man is bound to bewray himself in things which concern his credit, liberty, life, or forfeiture of his estate; in which cases any may lawfully refuse to take an oath, or give any answer at all, as these Law-Authorities conclude and resolve. 49. Ed. 3. 2. a. Fitz. Challenge. 100 Brook 25. 7. H. 4. 10. a. Fitz. Justice of Peace. 172. Cromptons' Justice of Peace, 182. 219. 2. Eliz. 33. Dier. 288. p. 51.  
Also many godly Martyrs have by their doctrine and practice taught and affirmed it a thing contrary to the Law of God, of nature, equity, common reason, and to the Common and Civil Law itself, for men to bewray and accuse themselves; and therefore refused to take any oaths, or to answer any Articles to accuse themselves, declaring against such oaths and proceed as Antichristian, bloody, tyrannical, unnatural, uncharitable, unreasonable, unjust, yea execrable and diabolical. Fox Acts and Monuments, printed Anno 1510. pag. 950, 951. 1006. 1022. 1643. 1616. 1661. 1777. 1778. 1813. 1814. 1815. 1849. 1872. 1873. And the Ancients (called the Fathers) as Athanasius, Ambrose, chrysostom, and many others, mentioned by Sextus Senensis in Bibliotheca sancta, l. 6. p. 434, 435. as well as Modern Writers, have all passed joint sentence of condemnation against those selfe-oaths and proceed, exceedingly declaiming against them, as the direct road to perjury, and the very Devil's prescript to tumble men headlong into hell, as Slades Case, 4. Report fol. 95.  
Now in direct opposition to all the sorecited Laws, Statutes, Antiquities, Authorities, etc. and contrary to the course of all other Courts of Justice (even of the Star-chamber while it continued) the House of Lords did without any Summons, or other Process for appearance, not only attach, apprehend, and imprison your Petitioners husband, violently (by their Officers) breaking open, searching and ransacking his house, feloniously taking away his goods, not saving to him his contenniment or livelihood, but also, before any Indictment, Presentment, or other due Process of Law preceding, send forth their Officers again to enter, search, ransack and rifle your Petitioners house, her trunks, chests, etc. to rob, steal, plunder, and bear away her goods, which were her then present livelihood for her imprisoned husband, herself, and three small children, her brother and sister; and to bring your Petitioner, with Thomas Overton her husband's brother, unto their Prerogative-Barre, which was accordingly done. And by reason your Petitioner would not be subject to the arbitrary and diabolical accustomarie proceed of that House, to answer to Interrogatories, or to make oath against her husband or herself, concerning his or her life, liberty, or goods, was, together with her said Brother-in-Law, (themselves also refusing subjection to the said illegal proceed) committed to the New Prison in Maiden Lane, where he still most unjustly remaineth, and is illegally detained: and from thence, under colour of another Arbitrary Order from the House of Lords, your Petitioner, with her tender Infant in her arms of half a years age, was most inhumanely and barbarously dragged headlong upon the stones through all the dirt and the mire in the streets, and by the way was most unjustly reproached and vilified by their Officers, with the scandalous, infamous names of wicked Whore, Strumpet, etc. and in that contemptible, barbarous manner was cast into the most reproachful Goal of Bridewell, that common centre of Whores, Strumpets, etc. where from the 8. of January 1646. to this present, she remaineth in cruel restraint, being most unnaturally and tyrannically divided and divorced by a forced separation, from the comfort and society of her husband in this her afflicted condition; her husband, herself, and her brother being imprisoned, and her three helpless children exposed to the mercy of the wide world; an act so abhorred of God, of Nature, of Nations, yea of the most wild and barbarous Heathens, of Turks, Infidels, and Pagans. Which proceed of these merciless cruel Lords exceed all temporal exorbitant Usurpers before them, in violence, injustice, cruelty, and oppression, being paralleled by none but by the Spanish or Romish Inquisitors: a tyrannical grievance and exorbitancy so excessive and intolerable, so contrary to all Law, equity and justice, that the Parliament 7. jacobi in their Petition of Grievances exhibited to King james, and by sundry Parliaments since, and by this present Parliament in their Remonstrance of the 15. of December 1642. is complained against as an insufferable Outrage, Burglary and oppression, desiring a speedy reformation; upon which they and you received royal promises, that those exorbitances should be redressed: yet notwithstanding this kind of insufferable tyranny, injustice, violence, enforced slavery and oppression of the Lords, through your neglect of restraint and moderation, is now become more frequent and common then in any former ages, subjecting us under worse slavery, and greater and more exorbitant unlimited arbitrary power and usurpation, then formerly we were by the Prerogative, Star-Chamber and High-Commission: yet when we have appealed to this House both for judgement and redress, all approaches to justice have been interrupted and hitherto delayed, our Petitions and Complaints slightly rejected or disregarded, our friends wearied, vexed and molested with long & fruitless attendance, while we, our husbands, brethren, friends and servants, contrary to all Law (severally, and in a forced and unjust separation from our husbands) are kept and mewed up in your several starving, stinking, murdering prison-houses, and if at any time we get access, or a Petition read, which is seldom obtained, we are referred over to one Committee or other, who never will bring their reports unto the House, to the obstructing and perverting the whole course of justice. Whereas the grand Traitors, the rebellious Lords, who have been in arms against you, and other the professed and known enemies of the Kingdom, yea some of the Rebels exempted from pardon in the Propositions sent to the King, can have liberty upon their paroll, enjoy their estates, obtain favour and free access unto you, ready acceptance and hearing of their Petitions, quick dispatches of their business: And notwithstanding the great and urgent Affairs of the Kingdom (that common pretence for the obstruction and suspense of the just and necessary redress of your best friends, and faithful lovers of their country) you can find leisure, and take time weekly and daily to pass Ordinances for compositions and pardons for Delinquents, declared Traitors, sometimes twenty, sometimes more upon one day; to hear the Petitions of such as are malevolently affected, not only against your best, most faithful untainted friends, assistants and adherents, but even against the sinews of yours and the Kingdom's defensive might, the Army, endeavouring and supplicating their speedy dissolution, and the removal of all the best affected, even while there was a threatening, puissant Army of another Nation within the bowels of the Land, to pass Votes, Ordinances, Declarations, etc. against preaching of the Gospel, just as if you were running a tilt against Christ, to destroy, root out, and confound all such as are religiously affected, and have been (under God) the very props and pillars of your house, the subduers and conquerors of yours and the Kingdom's enemies, and all under the sacred pretence of suppression of Heretics, Schismatics, etc. prevention of Heresies, Schisms, Blasphemies, etc. and under that religious guise stab your friends to the heart; and when such your faithful oppressed Assistants come with their Petitions for redress and case of their grievances, they are ordinarily slighted, scoffed and derided, even by the Members of your House: a most abhorred impiety, most barbarous ingratitude! for these and such like enormities and abuses of the people, you can find leisure and opportunity enough, but you are so busied with the great affairs of the Kingdom (as you call it) that you can find no time these six years to proclaim liberty to the captive, freedom to the oppressed, to right the cause of the poor, to hear the cry of the fatherless and widow, to reform the cruelties and extortions of Gaolers, which like so many vultures upon a dead karkase, eat the flesh, and pick the bones of those poor miserable souls that are cast into their custody; to protect or countenance the Commoners against the Prerogative usurpers and invaders of the great Charter of their Liberties, or to restrain or curb their insolent aspiring dominations; to restore the City of London and other Cities, Towers and Burroughs to their ancient Liberties and Franchises; to disrobe the London Gownsmen of their Prerogative usurpation of the freemens Property in the election of their public Officers: to bring Delinquents amongst you to trial, to give encouragement to the people to bring in their just charge against any amongst you, which shall betray their trust, or deal treacherously with the people, Laws, Free-customs, or Liberties; to reform the abuses of the Law through all the Courts in the Kingdom, to cause the Laws of the Land to be translated out of Pedlars French and Latin, into the English Tongue, etc. So that many begin to fear by these your delays of justice, by your connivance at the Lord's increasing usurpations, and atonement with and pardons of the Kingdom's Enemies, by your discouragements and sleightings of your friends, you give way to the Lords to carry on a design to alter the whole frame of the Legal Government of the Land, and of subjection of us to a tyrannous, lawless orbitrary Power, and vassilage, to the total overthrow and irrecoverable loss and ruin of all our just Rights, and native Liberties; for what is tyranny, but to admit no Rule of Government, but their wills, as with them by your permission is familiar and frequent: and we know (as sometimes the King hath told you) the misery of Athens was at the highest, when it suffered under thirty Tyrants; and if instead of one Tyrant we have got three or four hundred, we cannot be far from the height of ours.  
Now for as much as by the Laws and Statutes of this Kingdom, no Justices or other Judges of the Realm can make a Warrant upon bare surmise to break any man's house for a felon, or for stolen goods (much less for a freeman's owne) the same being against Mag. Charta cap. 29. and contrary to the Statute of 42. Ed. 3. c. 3. etc. and in this case before Indictment, neither the Constable nor any other man can break open any man's house for the apprehension of the party suspected, or charged with Felony, for it is in Law, the arrest of the party that hath the knowledge or suspicion, who cannot break any house, 2. H. 7. 3. and 15. 4. H. 7 2 3. 5. H. 7. 4. 10. H. 7. 17. 20. H. 7. 12. 7. Ed. 4 20. 8. E. 4 3. 10. E. 4. 17. 9 E. 4 26. 11. E. 4. 4. 13. E. 4. 9 7. H. 4. 35. 17. E. 4. 5. 27. H. 8. 23. Dier. 7. Eliz. 23. 6. Cook's Reports 1. 5. Fol. 9 92. Semanies' case.  
And forasmuch as imprisonment by the Lords is inflicted by their censures as a punishment, and so their first imprisoning before other Summons being no other than to begin execution before hearing, which is contrary to all Law and Reason: And forasmuch as justice and right is to be done freely without fail, fully without denial, and speedily without delay, Quia dilatio est quaedam negatio; for so be the words of the great Charter, We will defer justice to no man, cap. 29. confirmed by the Statutes, 2. E. 3. c. 8. 14. E. 3. c. 14. 20. E. 3, c. 1, 2. 11. Ric. 2. c. 11. And lastly, for that no Act, Order, or Ordinance of the Lords binds the Subject without concurrence of this Honourable House, as notably appeareth by several Records, An. 6. Ed. 3. n. 6. Rot. Claus. An. 44. E. 3. And the Lords plead a joint concurrence for nullity of the proceed and Compositions of Goldsmiths Hall.  
Your Petitioner therefore doth make her humble Appeal from the Jurisdiction of the House of Lords, to the legal trial, judgement and determination of this House, either for justification or condemnation, as by your Honours it shall be legally found.  
And she humbly prayeth this honourable House to take into your due and speedy consideration the miserable distress and deplorable condition of your Petitioner, her husband, and brother, long groaning under the oppression and injustice of the arbitrary and tyrannical power of the Lords, who without fault or Law have cast them into three several chargeable Goals, and sometimes have kept your Petitioners husband in double irons.  
And in regard the Committee for consideration of the Commoners Liberties having taken your Petitioners husbands cause into their trial and judgement, and have for these three months deferred the report thereof unto this House, concluded by the said Committee, to the great misery and damage of your Petitioner, her husband and children, by reason of his long and tedious imprisonment (in expectation of the legal determination of this House) to the great wrong and prejudice of the People's Liberties in the general.  
It is therefore further the humble desire of your Petitioner, that her husband, herself, and her brother, without further procrastination and delay, may receive the just and speedy sentence of this House accordingly as it shall be legally found and determined by the Vote of this House; that in case by Law it shall be found that your Petitioners husband, herself and her brother have done aught worthy of death, or other exemplary punishment, that they may forthwith receive their just execution accordingly. But and if your Petitioner, her husband and her brother be legally found not guilty of any transgression of the known Laws of the Land, that then by an Order from this House they may forthwith be discharged from under the vassalage and bondage of those insulting tyrannising Lords; and that for the future you would be pleased to protect them and the rest of their Nationall Brethren the free Commoners of England from the like Prerogative-insolencies, cruelties and oppressions: and that in case this House by the Law of the Land shall find your Petitioners husband, herself and her brother wronged and abused, that you would according to justice give them full and ample reparations for their long and unjust imprisonment, like as you have done of late to sundry of your own Members your Petitioners Fellow Commoners; that you will not any longer deny them the benefit of the Law, which is their birthright and inheritance, and let them not be deprived of that which every monthly Sessions you do allow to thiefs and murderers, to have a free and speedy trial: and as you can and do without interruption of your other affairs, free and discharge your own Servants and Attendants out of prison the same or the next day after their commitments; so now at length, after so long attendance, and so many months cruel and harsh imprisonment, let us receive the like impartial speedy justice.  
And by reason your Petitioners husband, your Petitioner and her brother have chosen bonds and affliction under these Norman Prerogative-Task-masters the House of Lords, rather than they will for their parts yield up the birthright and inheritance of the Commoners unto their Lordship's Prerogative-jurisdiction. Let not therefore your Petitioners husband, herself and her brother be more unjustly and illegally dealt with then traitors, thiefs and murderers, but let them with such have an equal benefit of the Law, whether for speedy penalty or present release; which request is so legal and reasonable; that if it be by you denied, it will be a certain evidence of your disaffection to the Commonalty of England, and of your evil intentions to their Laws, Rights and Freedoms. And if for your Petitioners plainness with you, and just desires for redress of her most insufferable grievances, you shall be provoked to exercise further cruelty and affliction either upon herself or her husband, it will be a certain confirmation to all that shall hear of it (which shall be the whole Kingdom, if your Petitioners husband miss not of his aim) that you are absolutely resolved, if possibly you can, to enslave the Commons of England to a Lordly arbitrary vassalage and bondage, to conquer and destroy their Laws, Rights, Liberties and Freedoms, and to turn co-vsurpers' and joynt-Tyrants with that Norman brood of insolent domineering Tyrants and Usurpers, the House of Lords.  
Do therefore justice, and discharge your trust unto the People, and do no less unto us who have engaged ourselves, our lives and all for their Rights and Freedoms to well as for our own, than you would be esteemed to do unto all and every Commoner of England, but remove this grievous Norman Prerogative yoke of bondage from off our necks, and from the necks of all the free Commoners of England; than which nothing will more manifest your real and cordial care and affection to the public liberty and safety of the People, which is the Sovereign Law, and for which all other Laws are and aught to be made, and for no other end. And thus you shall in a high manner discharge your trust unto the People, conciliate and beget their affections, their hearts, hands, etc. and become the praise amongst the people above all other Parliaments before you; and give just cause to your Petitioner, her husband, etc. to bless God for you.  
And your Petitioner (as in duty bound) shall ever pray, etc. Per me Mary Overton.