TO THE SUPREME AUTHORITY The Parliament of the Commonwealth of England, The Humble Petition of many well afected People inhabitng the City of London, Westminster, Southwark and parts adjacent, in behalf of the just Liberties of the Commonwealth, highly concerned in the sentence against Lieutenant Col. JOHN LILBURN. HUMBLY SHWING. THat if the many sold Services, and extreme Sufferings, of Lieutenant Colonel John Lilburne, in opposition to Tyranny, and Oppression, and how instrumental he hath been in the removal of divers sorts of oppressiors, his wonderful Deliverances and clear acquitments by legal Trials, from all former accusations, without the least stain to his reputation, if all these could be forgotten, and that he stood in our thoughts, but as the meanest of well affected persons, (and such at the least we must allow him, having in all times adhered to Parliaments) yet in your late proceed towards him, and heavy censure upon him, we apprehend our native rights so much concerned that we never conceived a greater cause of speedy application to you, for redress then upon this sad occasion. For certainly, it cannot be denied, but if he be really an offender, he is such by the breach of some law, made and published before the fact, and aught by due process of Law, and verdict of twelve men to be thereof convict, and found guilty of such Crime, unto which the Law also hath prescribed such a punishment agreeable to that our fundamental Liberty, which enjoineth, that no freeman of England, should be adjudged of Life, Limb, Liberty, or Estate but by Juries; a freedom which Parliaments in all ages Contended to preserve from violation as the Birthright, and Chief inheritance of the People, as may appear most remarkably in the Petition of Right, which you have styled that most excellent Law. And therefore we trust upon second thoughts (being the Parliament of England,) you will be so far from bereaving us, (who have never forfeited our rights) of this our native right, and way of Trials by Juryes, (for what is done unto any one may be done unto every one) that you will preserve them entire to us, and to posterity, from the encroachments of any, that would inovate upon them. And if the original of the unhapy differences between Sir Arthur Haslerig, and Mr. Lilburne, be duly weighed (being as we are informed) it will appear, that Sr. Arthur's stoppage of moneys due to Mr. Lilburn without Legal process, was the first occasion thereof. And it is believed, that if Mr. Primats cause, (wherein Sr. Arthur, and Mr. Lilburne have been engaged: had at any time either at first or last been admitted to a Trial at law, and had passed any way by verdict of twelve sworn men; all the trouble and inconveniencs arising thereupon had been prevented: the way of determination by Major votes of Committees, being neither so certain nor so satisfactory in any case as by way of Juries, the benefit of Challenges and Exceptiones, and unanimous Consent, being all essential Privileges in the latter: whereas Committees ' are tied to no such rules, but are at liberty to be present or absent at pleasure; besides Juries being birthright, and the other but new and temporary, men do not, nor as (we humbly conceive ever will) acquiesse in the one as on the other from whence, it is not all together so much to be wondered at, if upon dissatisfactions, there have been such frequent printing of men's cases, and deal of Committees, as there have been, and such harsh and inordinate heats, and expressions between parties interested, such sudden and importunate appeals to your Authority, being indeed all alike out of the true English road, and leading into nothing but trouble and perplexity, breeding hatred and enmityes between worthy families, affronts and disguste between persons of the same public affection and interest, and to the rejoicing of none but public adversaries, all which and many more inconveniencies can only be avoided, by referring all such cases to the usual trials and final determination of law And whereas you have consured Mr. Lilburne 7000 l. fine, and to perpetual Panishment, and to die as a felon if he return, we are exceedingly afflicted in our spirits thereby, not only because he hath not had the usual way of trial by Jury which yet weighs very much with us, nor for that we believe he hath followed Mr. Primats cause out of strong persuasion of the justness thereof, (the Cause in itself as we have been informed being very intricate and hard to be understood, & so did not wilfully or intentionally carry it on against his Conscience some of the Commissioners wishing to God it had therefore never came before them, nor for that we believe him innocent of any wilful breach of Parliament privilege, in delivering printed Petitions, before the original was presented unto you, that being never before published, to be a breach, though all these add to our grief, yet the main or our affliction ariseth from the destructiveness of the Sentence, and as being therein contrary to that other our fundamental native right, which enjoins that Fines should have regard to the qualities of the persons: a ploughman saving his wainage, and a merchant his merchandise, whereas this if relating to his estate, we believe is so fare from preserving him in his quality, as that it leaves himself, his wife and children without sustenance, if in relation to his person, his affection to Parliaments, and zeal to public freedom, renders all foreign Nations so unsafe to him, as that in effect he is banished into a Wilderness, and exposed naked to the fury of bears and lions. The premises duly weighed, and for that (as we are informed) the parties accused and censured, have had no means to see what report hath been made by the Honourable Committee, nor have had the liberty of exceptions thereunto, in like Cases granted, and in that many well affected people that heard the Debates, and Evidences on both sides, are unsatisfied both in point of possession, and title to the Collary in question, that the honour of Parliament may stand immaculate, our native fundamental rights inviolable, and all those Gentlemen concerned in this Cause left, without any the least grudging, or just complaint. We have deemed ourselves bound in Conscience in most humble manner to entreat I. That you will be pleased to recall your forementioned grievous Sentence upon Lieutenant Col. John Lilburn, and the rest concerned therein. II. To give free liberty to Mr Primate to prosecute his Cuase, both for Title, and possession at the Common Law, and therein to make use of what counsel he shall think fit. III. That Sir Arthur Haslerig be referred to take his course at Law, for whatsoever injuries conceived to be done unto him by Lieutenant Col. John Lilburn or any others, as was granted in Mr. Musgraves Case with the said Sir Arthur, and that Mr. Lilburn or any others may have the same liberty against Sir Arthur, if they conceive any cause. iv That you will appoint some speedy course for the receiving and answering of Petitions, that so men through long attendance be not enforced unto ways displeasing or inconvenient. V That you will very tenderly regain, and maintain every one of our fundamental Native rights, as you would the very being and just constitution of Parliaments, that being a principal part of our Native rights. Lastly, That you will be pleased to conceive rightly of this our humble application to you at this time upon this weighty occasion, and to admit no harsh construction, or sinister suggestion thereupon, but to believe that in the sincerity of our consciences, we have aimed only herein at the glory of God, the honour, peace, and safety of Parliament and Commonwealth. And if by your favourable acceptance we shall be made any ways instrumental to those just ends, it shall dissolve us into true thankfulness, And is in duty bound, shall ever pray, etc. Presented January the 20. 1651.