TO THE SUPREME AUTHORITY OF THE NATION The COMMONS of ENGLAND, Assembled in Parliament. The Humble Petition of divers well-affected Persons of the Cities of London and Westminster, the Borough of Southwark, Hamblets, and Parts Adjacent. In the behalf of Lieut. Coll. John Lilburn, M. William Walwin, M. Thomas Prince, and M. Richard Overton, now Prisoners in the Tower. Sheweth; THat the more we consider the state and condition of our said Friends, the more we are perplexed in our thoughts with fear of great danger intended towards them: For, though nothing hath been pretended to be done by them contrary to any Law made before the fact whereof they are suspected, nor any thing done by them after you had published your Declaration concerning the same; yet your Votes and Declarations, the hostile seizure of them by the Council of State, and their Examinations apart upon questions against themselves, no Accuser appearing face to face, nor friends allowed to be present, and thereupon committed prisoners to the Tower; do all (in a great measure) fore-judge them as really guilty of high Treason. All which, being proceed directly contrary to Magna Charta, the Petition of Right, and to your Late Declarations of the 9 of Febr. 1648. and of the 17. of March 1648. wherein you resolve to preserve inviolable those Fundamental Laws and Liberties concerning the Preservation of the Lives, Properties, and Liberties of the People, with all things incident thereunto: we are enforced to believe (what this House hath formerly found) that some eminent persons (whose particular Interest our said Friends may have opposed) have surprised this honourable House, and transported you into some causeless fears of danger from those our Friends, whose constant care and watchfulness for the settlement of this long wasted Commonwealth, and prevention of misery and bloodshed, hath been so evident by their frequent motions and petitions to those just ends, especially, by that which was burnt by the common Hangman, that of Sept. 11. 1648. and their Agreement of the People; wherein are comprised such clear Fundamentals of just Government, redress of Grievances, and conducements to general Peace and Reconcilement, as had their advice in any reasonable time been taken, we are verily persuaded, much of that rancour, bitterness, and bloodshed which hath befallen, had been prevented. And which in our apprehensions are sufficient Evidences against all suspicion of treasonable practices, or intentions in them, and may also acquit them of that aspersion of unsetledness cast upon them, and which we wonder did not invite a more respectful carriage towards them, than to fetch them out of their Beds and houses by so formidable parties of Horse and Foot. And truly, if we may have leave to speak our hearts in behalf of these our friends, who for many years have neither spared their estates, nor time; but frequently hazarded their lives in our behalf, and for the safety and Freedom of Parliament and People. We are persuaded in our Consciences, the greatest crime, (or rather cause) for which they are thus molested is, That they have uncessantly endeavoured to induce the Army to the real performance of those many good things, they engaged for, and largely promised to this Nation in their many Declarations, etc. When first they disputed and opposed the Orders of Parliament. And for that they have endeavoured to preserve the interest of the Army, to the just interest of the People; and to reduce the Military power to a real subordination to the Civil Authority. For which their endeavours, we verily believe, they are hated by some eminent persons of the Army, whose frequent distinct actings according to their own immediate Wills, towards this Honourable House, in casting out Members without Charge brought against them, leaving or taking in only whom they pleased; and so likewise in the Army. And by their prevalency against some particular persons, hath made them presume, and (we fear) resolve, to sacrifice the bloods and lives of these our dear Friends, for standing betwixt their absolute Domination, and the Freedom of the People. And that this may not appear to be a groundless supposition, be pleased to take notice, that our said friends have been long aspersed by them, as Levellers, Atheists, Jesuits, etc. upon what ground, and to what end we know not, except, to prepare them to destruction; Threatening, That if once they caught hold of them, they should not escape out of their hands, as they had done out of the hands of Hollis and Stapleton; That they have deserved more to be fought against, than the most desperate Enemy: Ploting and contriving in their General Council of Officers, to get a Law to have power to hang, or otherwise put to death, as they saw cause, and that, because the Civil Magistrate could not dispatch them fast enough. In all which their threats and contrivances, there are many circumstances to prove, they principally aimed at those our friends: And so, when neither by threats nor promises they could prevail with them, to desist from preserving the Freedom of the Nation, and discovery of their designs, (as was done in their Serious apprehensions presented to this House, Febr. 26. 1648.) having absolute power in the House, where (contrary to the selfdenying Ordinance) they takeup many places, (which with an Army at Command, is more than all the rest) and having got enough of themselves into their Council of State, (contrary to their own positive consent in the Agreement of the People) they catch at an opportunity, and fall upon our Friends, with such a face of force and terror, as would have made the world believe (what ever cruelty had succeeded) there had been a cause answerable to that force. The like having not been known, that persons so visible and responsible, should (to the terror of their wives children, families, and neighbours) in the break of the day, be fetched out of their beds, forced out of their houses, and carried away as prisoners of War, and after a days restraint in their Garrison at Whitehall, were carried before the Council of State, and there after examination of them against themselves (no accusers appearing face to face, or friends allowed to be present) were about twelve of the clock at night, committed prisoners to the Tower, upon suspicion of High Treason. In their debates whereupon, (as we are credibly informed) Lieut. Gen. Cromwell declared in the Council, That they must break this Party in pieces, (meaning our friends) or they would break them: That if they did not do it, they would render themselves the most silly, low-spirited men in the world, to be routed by so contemptible and despicable a generation of men. And immediately after was published your Declaration, which reflecting upon them, as persons seditious, destructive to the present Government, Mutineers, Hinderers of the relief of Ireland, and Continuers of Freequarter, hath (with the rest ) so fore-spoken them, that wheresoever they come to trial, they are likely to fall under abundance of prejudice, besides the influence those eminent persons (who now visibly appear their particular adversaries) have upon all persons in Office, and upon the present forces in being. Insomuch as all things duly weighed, they are in truth really forejudged and condemned; For what Judge or Jury may not unawares be captivated by so many preoccupations and prepossessions, or not be terrified, to do what so forceable and powerful influences so strongly incline, if not enforce them unto? Besides, your Order for their trial, requires the Attorney General, to take speedy course for prosecution of them; which is a disadvantage we hoped these times would have been free from, as holding too much resemblance with those foregone, that sought by craft and sophistry to entrap and enslave plain men in their Trials for life, estate or liberty, to the wills of Princes: the said Attorney being a Member of your House, and consequently a Judge of the Judge before whom he pleads, and (in opposition to our Friends,) representeth no less than the supreme Authority; a most unequal prosecutor, and against whom they have no plea or relief, as by Law they have against others. Upon all which considerations, we cannot discern it to be equal in itself, or safe for them, that they should through so many prejudices and preoccupations, be by you put upon their trial in the upper Bench: So that how plausible soever it may seem in itself; for you to put them upon this kind of Trial, yet all things considered, nothing more evidently tendeth to their destruction: Nor can we discern how it can be just to try men upon a Declaration made after the fact pretended. Nor can we judge it to be reasonable, that so many Members of the Army their proffessed Adversaries, should (contrary to the selfdenying Ordinance and Common equity itself) sit as Judges in this Honourable House or in the Council of State whilst this Cause is debated; they having in effect been charged by those our Friends in their serious Apprehensions to this House: And this proceeding towards them, appearing but as a revengful recrimination. And therefore, if after mature consideration of the premises, you shall judge them worthy of further prosecution (as for our parts we verily believe there is no cause) we earnestly entreat. That you will make first strict enquiry into the cause of that terror and force of soldiers used towards them, contrary to Law: repair their credit; give them the benefit of law against whomsoever shall appear to have been authors or actors therein, and enlarge them from their present imprisonment in the Tower. And then, if any person have whereof to accuse them, that they be proceeded against (as by Law they ought) by Warrants from a Justice of the Peace of the Neighbourhood, where the fact in question was pretended to be committed, not granted without oath made of a crime against some Law in being before the fact; and to be served by Constables, not Soldiers, And that upon appearance of the accusers and accused face to face (as by Law is due) and if the fact be bailable, then to be allowed bail; if not, to be secured in that Legal prison appointed for that place and fact, until the next sessions (not in a Prerogative Prison, as the Tower is) and then in an ordinary way (exempt from all such preoccupations and fore-judging, to have the benefit of a Trial by a Jury of twelve sworn men of the Neighbourhood (not overawed by Soldiers, nor disturbed by policy or sophistry:) A Trial which we conceive cannot in Justice (in any circumstance) be denied to the worst of thiefs, murderers, and traitors; and which was our real Intentions in our late Petition presented to you concerning them. And (we are confident our Friends upon such a Trial, will prove themselves to be no such persons, but faithful friends to their Country's Liberties. We also entreat that for the future no person may be censured, condemned, or molested, concerning life, limb, liberty or estate, but for the breach of some Law first made and published, and that this Honourable House, would be a Pattern to all future Parliaments in leaving the trial of all such causes to subordinate Magistrates, and ordinary proper Courts of Justice. That the execution of Civil affairs may be wholly freed from the interposition of the Sword, and that Martial Law, during the times of peace (where all Courts are open) may not be exercised upon the persons of any whomsoever: All which, are not more evidently just in themselves, than they are consonant to Magna Charta and the Petition of Right; the benefit whereof, we trust you will never be induced to take from us. That Captain Bray (now close Prisoner in Windsor) may immediately be enlarged, or otherwise put upon a legal trial, as is before desired in behalf of our other Friends. Lastly, we entreat, that there may be some general encouragement from you to proceed to a speedy settlement, by way of an Agreement of the People, upon the grounds of an equal and just Government; that so all discord, enmity, and dissatisfaction amongst former Friends may finally receive a speedy end, by and with this Parliament; and that the end of this may be the beginning of a new and equal Representative.