The Petition rejected by the Parliament, being tendered to them in behalf of Lievt. Col. John Lilburn, and in behalf of the Liberties of all the people of England, highly violated by their unjust Act made for his banishment, confiscation of his estate, and in rendering him a Felon if he should return, now published: he being peaceably returned, and casting himself in all humility upon the justice of his cause, and the conscience of these knowing times, the Parliament who unjustly banished him, and sought his life, being dissolved. And most especially intended to satisfy, and truly inform all ingenious and conscionable people of the injustice and cruelty of the Parliaments proceed against him, whose life for many years hath been eagerly sought, and thirsted after, as was most remarkably evident by his Trial at Guild-Hal, London, Octob. 24. 1649. where God through the consciences of his Jury wonderfully delivered him. And by which rejected Petition (if rightly and truly weighed) it will appear, that the said Act of Parliament is an unlawful and bloody Act, and is null and void in itself, in being contrary to the known Fundamental Law of the Land; and therefore every one that shall have any hand in taking away his life, by force of that Act, is by the true Law of England no less than a murderer, and no murderer can escape the judgement and vengeance of God; but with his own draweth a curse upon his Family and posterity, from which the Lord preserve every well-meaning honest man. Read this refused Petition with the same feeling and affection, as if his case were yours, for so indeed it is, if you rightly consider that you are all Englishmen, and do for his preservation as you would be done for in his condition. To the supreme Authority, the Parliament of the Commonwealth of England; The humble Petition of divers well-affected People inhabiting the Cities of London, Westminster, the Borough of Southwark, and places adjacent, being their second Petition in behalf of Lievt. Col. john Lilburn, and the Liberties of the Commonwealth. Humbly showing, THat inasmuch as during this life, experience of all ages proveth, That the wisest of men and Counsels are liable to error, and that not only former Parliaments in many things have been very much mistaken, but that even this Parliament also (in its several times) hath not been exempted from humane frailties, doing at one time upon a sudden misapprehension, what at another time they have so far disapproved, as to cause the same, with all its circumstances, to be razed out of all remembrance. Which we mention not any ways to reflect immodestly upon any, but our most humble thoughts are, to incline you to a readiness of condescension in all cases, to hear the reasonings of those for whom you are trusted, and at this time seriously and patiently to consider, what in our last we offered, or what in this our humble address we shall offer, in behalf of Lievt. Col. John Lilburn, and our fundamental Native Rights, highly concerned in your proceed against him. And likewise to induce you meekly to inquire, whether as all the errors and inconveniences of all other authority, so also those which Parliaments have at any time unhappily incurred, have not arose from their deviation from that certain rule the Fundamental Law of the Land, which this Parliament in its first estate, and first Remonstrance, declared to be the common birthright of the people of England. And when through long continuance in power, and sway of corrupt interests the major part thereof by numerous oppressions, discerned (though too late) their own deviation; they also acknowledge in their Declaration of the 17. April 1646. that nothing ought to be done that is inconsistent with our fundamental Laws, and that although the necessity of war had given some disturbance to legal proceed, stopped the usual course of Justice, enforced the Parliament for preservation of this State, to impose and require many great and unusual payments from the people, and to take extraordinary ways to procure moneys for their pressing occasions, it having (as they there say) pleased God to reduce our affairs into a more hopeful condition then heretofore we do declare, That we will not, nor any by colour of any authority from us, shall interrupt the ordinary course of Justice in the several Courts of Indicatories in this Nation, nor intermeddle in cases of private interest, otherwise determinable, unless it be in case of male administration of justice, wherein we shall see and provide that right be done, and punishment inflicted, as there shall be occasion, According to the Laws of the Land, and the trust reposed in us. And when notwithstanding all these excellent expressions, they proceeded in their former evil ways, multiplying oppression upon oppression, still contrary to those Fundamentals, as they did near the time of the expiration of Hollis and Stapteton, and their corrupt faction, and that to so great a fright, as enforced the Army to appear in opposition to their evil practices. The worthy Army, by their Declaration the 14. june 1647. undertook then in these worthy expressions, That the complete settlement of the Liberties, and peace of the Nation, is that blessing of God, then of which all worldly things, nothing is more dear or precious in their thoughts, having hitherto thought all present enjoyments (whether of life, or livelihood, or nearest relations) a price but sufficient to the purchase of so rich a blessing, that we, and all the free-born-people of this Nation, may sit down in quiet under our Vines, under the glorious administration of justice and righteousness, and in full possession of those Fundamental Rights and Liberties, without which we can have little hopes to enjoy any comforts of life, or so much as life itself, but at the pleasures of some men ruling merely by will and power; and declaring further, that they were not a mere Mercenary Army, hired to serve any arbitrary power of a State, but called forth, and conjured by the several Declarations of Parliament, to the defence of our own and the people's just Rights and Liberties, and so we took up arms in judgement and conscience to those ends. So as all things duly weighed, we humbly conceive that nothing is more manifest, then that there is belonging to us and the Nation, Fundamental Liberties, which are our birthrights, and the chief inheritance of the people of England: And that their restoration was the only justifiable ground of the late war against the King, and of all the extraordinary motions and proceed of the Army against the secluded Members of Parliament, and that successive Parliaments are but a principal part of those Rights, instituted for conservation of public peace, and for defence and preservation of those Fundamentals, and that they have not authority to the contrary. And we do also humbly conceive it to be an essential and Fundamental Right, that no freeman of England ought to be adjudged of life, limb, liberty, or estate, but only by Juries, according to the known Law of the Land, and that it is of right, that no man ought to be fined or amerced to the destruction of his quality, whether Gentleman, Merchant, Countrymen, etc. and those fines to be amerced by Juries also, and not otherwise: And as we are confirmed in the former, by Declarations of Parliament and Army, so in the later by the Petition of Right, and your own Declarations styling the same, That most excellent Law, wherein trials by Juries are only principally minded; and if it be observed how tender that Law is of the just right, even of lose and dissolute persons (therein mentioned) to trials by Juries, (if they had offended) surely we shall not seem blame-worthy, to insist for the same way of trial as due to Lievt. Col. John Lilburn, in any case whatsoever, a person that through many afflictions hath been approved, upon legal trials acquitted, and who hath been many ways serviceable to Parliament and Commonwealth. And if also it be laid to heart, how that worthy Parliament in that Petition of Right, made even those lose and dissolute persons cases (who had been adjudged without Juries) their own and every man's case, as truly seeing the public right violated upon them; we thought it would appear neither presumption, nor indiscretion in us, in making his case ours; and truly we know not any thing in the world that would so daunt and perplex our spirits, as that after all these wars and miseries endured for restitution of our Fundamental Laws, and all those fervent promises and Declararions both of Parliament and Army in behalf thereof, (which God forbidden should be all in vain) we should nevertheless every one of us, as Mr. Lilburn, and indeed in him especially, who hath stood in defence of them as he hath done, be rendered liable to be judged of life, limb, liberty, and estate, without Juries, by any standing power or men whatsoever. And therefore if we seem importunate in this case, we beseech you impute it not to restlessness of spirit, or to any blinded affection to Mr. Lilburn, it being from judgement and conscience, and in faithfulness to our Native Rights, for which (upon call from you and the Army) we have adventured all we could, which makes us thus to press upon your weighty occasions, and if possible, to prevent your further engagement in this way of judging him, begging and beseeching you, not to pass by these our former addresses, but patiently and deeply to weigh the reasons and arguments therein contained, and to deem it your honour to condescend to our humble weakness in things that appear to be evidently just. 1. And in love and tenderness to the Nations Liberties, and to the faithfulness of all that have adhered unto you in all extremities, That you will be pleased yet before he put from the English shore, to recall your sentence of fine and banishment against Mr. Lilburn, that so himself, his wife, and small children, may be preserved from imminent destruction. 2. If it be conceived, that he hath in any measure offended against the Public, that he may be called to a public trial, by way of Indictment and Juries, that so he may have the benefit of legal challenges, and that none who for past differences may be presumed to bear him grudge, as M. Attorney General, and other Lawyers for his intrusion (as they are like to deem it) into their profession; and others for other occasions or relations to Sir Arthur Haslorig (may be supposed to do) may be his trayers, as in this censure it is feared they have been, it being a sad thing, and directly contrary to the Law of England, that a man's Adversaries should be his Judges. 3. That Sir Arthur Haslerig may be referred to take his course at Law for whatsoever he conceives himself damnified by M. Lilburn, as was done in Mr. Musgraves ease, against whom as yet he hath commenced no suit, notwithstanding Mr. Musgraves printing of many Articles against him, and that Mr. Lilburn, or any other, may have the like liberty of Law against Sir Arthur. 4. That Mr. Primate may be at liberty to plead his possession and title at Law, to the Colliery in question, and to make use of what Council he judgeth convenient. 5. And lastly, That you will restore us unto those our Native Rights and Trials by Juries, and neither to interpose by your own immediate authority, in cases of life, limb, liberty, or estate, but to permit the Law to have its due course, as well upon your own members, as any others; and to suffer none by any authority, from you to innovate upon them. That so tasting the true, sweet, and proper fruit of Parliaments in the indisturbed enjoyment of true Native English Liberty, we with all the freeborn people of England, may have just cause to bless God for the same, and for the happy instruments of its restoration. And as in duty bound, shall pray, etc.