TO THE Honourable the Commons Assembled in PARLIAMENT, The Humble Petition of divers Freeborn Englishmen, inhabiting in the Cities of London and Westminster, the Burrow of Southwark, Hamblets, and places adjacent. SHOWETHS, AMidst our continual griefs and anguish of Spirit, wherewith we have been long time afflicted, through our sense of pressing burdenous necessities, which lie upon us, and imminent dangers which perpetually threaten us, occasioned by the omission of settling the Government of this Nation, upon those foundations of equity and freedom, which were made the only justifiable grounds and ends of the late violent bloody consuming and chargeable War, and of all the extraordinary actings and proceed of the present Parliament and Army, out griefs have been often mitigated, with remembrance of the many, full, ample and zealous promises and Protestations, made by both unto the people of restoring them, to all their Rights and Liberties, and of delivering them from all kinds of oppression, usurpation, and Arbitrary Proceed; for how was it possible for us, but to hope real performances thereof, when they avouch, that the complete settlement of the Liberties and peace of the Nation is that blessing of God, than which of all worldly things, nothing is more dear or precious in their thoughts. That they esteemed all present enjoyments (whether of life or livelihood, or nearest relation) a price but sufficient to the purchase of so rich a blessing, that they, and all the freeborn People of England, might sit down in quiet under their own Vines under the glorious administration of Justice and Righteousness, and in full possession of those Fundamental Rights and Liberties, without which (they say) they could have little hopes to enjoy either any comforts of life, or so much as life itself, but at the pleasures of some men ruling merely according to Will and Power. Avouching also, 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 their own, and the People's just Rights and Liberties, and so they took up Arms in Judgement and Conscience to those ends, and have so continued them, and are resolved according to your first just desires in your Declarations, and such principles received from your frequent informations, and common sense concerning those fundamental Rights and Liberties, to asert and vindicate the just Power and Rights of this Nation in Parliaments, for those common ends promised, against all Arbitrary Power, violence and oppression, and against all particular parties or interest whatsoever. And that none might mistake them herein, they manifest a most deep sense of the necessity, that the Members of the house themselves (by frequent elections) might be capable of subjection as well as rule; and thereby be in a capacity to consider other men's Cases, as what might come to be their own: also how unfit and dangerous it was, that the supreme Power of the Commonwealth should be fixed in the persons of the same men, during their own pleasures; That neither by their original constitution of this State, was it, or ought it to continue so, nor does it wherever it is and continues so, render that state (say they) any better than a tyranny, or the People subjected to it any better than Vassals: But in all States (say they) where there is any face of common freedom, and particularly in this State of England, (as is most evident, both by many positive Laws, and ancient constant Customs) The People have a right to new and successive Elections, into that great and supreme Trust, at certain periods of time (which say they) is so essential and fundamental to their freedom, as it is, cannot, or ought not to be denied to them, or withheld from them, and without which the house of Commons is of very little concernment to the Commons of England. These and the like full and clear expressions concerning our Liberties for a long season, supported our often fainting hopes, as being willing to believe it was not possible for them to be uttered in vain, at least that they would never terminate in things contrary. And after long and tedious expectation, we were much revived, when as no sooner had the Authors of those large Promises and Protestations, by extraordinary proceed against the other Members invested you with Power, (which they then also said, they did only in order to new successive Parliaments to be speedily chosen) but immediately you likewise declare in behalf thereof, and for the Petition of Right, styling it that most excellent Law: and that you would maintain inviolable the ancient just Rights and Liberties of the People, in all things touching Life, Liberty, Estate and Property, with all things incident thereunto. But so it is, that now after more irksome expectations, our hopes die daily within us, and our griefs increase so fast, as like to overwhelm us; for what place for hope have we left? or how is it possible for us not to grieve without ceasing, whilst notwithstanding all those precious Promises, Declarations & Engagements, for, & in behalf of the ancient just Rights and Liberties (and upon which promises, and for which Liberties we with others have adventured all we could in this life) new and successful Elections to that supreme trust of Parliament, is not only withheld from the People, and so as that men dare hardly affirm it to be their Rights; but whilst it is retained and fixed in the persons of the same men, during their own pleasures, Laws are made of so dangerous a nature, as men can scarce speak or do any thing for fear of losle of Life, or Liberty or Estate. How can we choose but bewail our own and the Nations sad condition, when notwithstanding all those zealous ardent expressions for just Liberty, acknowledged to be due to the People: That yet it should be frequent to imprison Englishmen upon extrajudicial Prerogative-like Warrants, and that too in such places, and remote Castles, whereunto belongeth no legal Goal-delivery, but where they are detained during pleasure, examined against themselves search to find matter against them, and some are used in a more barbarous manner, than those were called Puritans in the Bishop's time. Whilst Englishmen are made liable to attachments, by Messengers and Pursuivants. To have their goods destrained without legal Proceed, and by Persons not authorized by Law, to be tried in matters of property and estate, by Committees; and in cases of life, by an extraordinary Commission of Oyer and Terminer, or which is worse and fare transcending all strain of the old Prerogative by a High Court of justice, and Trials by jury, of twelve sworn men, shall be withheld from any Englishman; how in the least is Magna Charta, or the Petition of Right, those ancient fundamental Rights, either in circumstance or substance made good. Whilst Conscience is enforced to an Engagement, or to the refuser to forgo all the comforts of life, and as an Outlaw, exposed to the wills of men, and that Excise, Custom, and Taxes, are exacted as they are upon all sorts of industrious People: Alas, what Liberty is left us? who is he that walks not in jeopardy all his life long, if these things be continued (which God defend) enjoying neither any comforts of life, nor so much as life itself, but at the pleasures of Men.) And therefore in Conscience to God (whose holy and dreadful name hath been often invocated to be a Witness of the reality of those Promises and Declarations we are constrained at this time in most humble manner, earnestly to beseech you, even by the mercies and forbearance of God) who yet vouchsafeth time and means to perform all your Vows. 1. That you will be pleased to render unto the People their essential Freedom in new successive Elections unto the supreme trust of Parliaments, and that you will review and repeal all such Laws, as make men Capital offenders for words, or actions not Capital in nature. 2. That all persons imprisoned in any place, not subject to a Legal Goal-delivery, may be at least removed, Legally to Legal Prisons; to be preceded withal in due course according to Law, that they may be freed from those dangers of Life and distraction of mind, occasioned by tedious imprisonment, or sad examples by Trials, by extraordinary Commissions of Oyer and Terminer, or which is far worse, by a High Court of Justice (which we pray God may be never more heard of in England, as not knowing, any thing of greater danger, or more expressly repugnant to our Laws and Liberties) upon pretences of crimes against the State, or of any other Prerogative-like suggestions. 3. That henceforth no man, may be attached, sentenced, fined or imprisoned, or otherwise adjudged of Life, Limb, Liberty or Estate, by any other Authority, but by lawful unanimous judgement of twelve sworn men of the Neighbourhood, by Legal Officers and due process of Law, according to the true intent of those ancient Fundamental Liberties contained in Magna Charta, and the Petition of Right. 4. That you will suspend all further enforcement of the Engagement upon any, as which exceedingly ensnareth the Consciences of the People; and that you will disburden all industrious People from those perplexities that lie upon them by Excise and Customs: and raise all public moneys by way of Subsidies, according to the ancient constant custom of Parliaments. These things would you be pleased speedily to effect, all the Freeborn People of the Land would then magnify the goodness of God for those rich blessings; because, than they might securely sit down in quiet under their own Vines, under the glorious administration of Justice and Righteousness, and in the full possession of those Fundamental Rights and Liberties, without which they have no comfort of Life; and for want whereof, and until they are firmly established, the whole Land is likely to become a prey to Foreign Confederates, presuming to find nothing here, but divisions, distractions, and disatisfactions; and therefore we can never cease to Petition for them, and for which as bound in Conscience, We shall ever pray.