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A94425 To his Highness Oliver Lord Protector of the Common-wealth of England, Scotland, and Ireland, with the territories thereunto belonging. The humble petition of the free holders and other well-affected people of this Common wealth, whose names are hereunto subscribed. England and Wales. Lord Protector (1653-1658 : O. Cromwell) 1655 (1655) Wing T1365; Thomason 669.f.20[10]; ESTC R211570 5,874 1

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To his Highness OLIVER Lord Protector of the Common-wealth of England Scotland and Ireland with the Territories thereunto belonging The humble Petition of the Land-holders and other well-affected people of this Common wealth whose names are hereunto subscribed SHEWING THat whereas by the Fundamental Laws of England every Land-holder as a member of the whole body politick of the Nation ought to hold his Lands of some Superiour or other till it be handed up to the chief Magistrate as Lord Paramont or head of the body lately distinguished by the title of KING who hath been in times past armed with power and revenue to defend and protect the peoples Estates against all enemies forreign and domestick And the King and People have been mutually engaged to each other He to Govern them according to the Laws and Customs of the Realm They to doe Homage pay Rents and other Services to him whereby there was a certain trust and assurance one in the others constant help and assistance in times of danger And whereas the Inheritance of the whole Realm being thus vertually in the Head all particular Inheritances must depend mediately or immediately upon the Head And the late King was undoubtedly the Head of this Body and was engaged by Oath to govern it according to Law and had from us the honour allegeance and support due unto him But by His warring against us He and His Posterity and Race not without His own Royall assent have been made uncapable of future Government over us Since which these Nations are become headlesse every Inheritance being legally endangered or drowned in default of a LORD PARAMONT from whom we may justly challenge protection of our Lives Liberties and Estates upon that ancient and lawfull consideration of Homage Rents and Services which are now unpaid And there is no voluntary or legall engagement from your Highnesse to the People or from them to your Highnesse in the present Government But as it seemeth to many either Party without breach of trust or clog of conscience may desert the other in times of danger And forasmuch as your Highness is actually The Person of most eminency under GOD in our deliverance from the said late King and His Party at home and the Dutch and other Forreign enemies arisen as it were out of His dust from abroad Therefore we are resolved as much as in us lies to establish You in the same power and to doe unto you the same homage and fealty the said late King and His Ancestors had It being as we conceive our most probable assurance to reap the crop that hath cost so much labour and charge in plowing and sowing And the Petitioners are necessitated hereunto out of our doubt and dissatisfaction of safety under the present Government as it is Elective and the sense we have of the many dangerous Plots from thence emboldned to be put in execution against your Highnesse not onely by CHARLES STVART who though disabled as aforesaid is most apt and vigilant to improve every defect or pretended miscarriage in Government for his owne advantage and hopes of restitution when any opportunity or change shall be and by many other sequestred and discontented persons from whom no better is to be expected But by some of those that have engaged with Us in the same Cause and had the same Deliverance and therefore ought to be alike thankfull Yet have seduced many into an opinion that the Legislative power is wholly lost and extinguished and cannot be exercised any more because by the late Instrument of Government it was conferred on your Highnesse and Councill to continue till the meeting of the first Parliament and the first Parliament having since met your Highnesse power say they is thereby determined And doe hence pretend a necessity of laying downe the ancient and legall Government and constitution of these Nations that this Politick body may be altered wholly into an Ecclesiasticall body under the notion of a fifth Monarchy When as in all mens Judgements there is the same necessity of Moneys to be raised and of Lawes and Ordinances to be made for the Peace and welfare of these Nations now as before that Assemblies meeting And there ought to be the same Power for the same purposes still And if the former Ecclesiasticall power although limited by civill Magistracy did neverthelesse in all Ages eclipse the power of the greatest Kings and Emperors and occasioned many Persecutions and troubles in the Church of GOD and their Dominions How much more will the like power in a little time tyrannize and persecute without mercy if it may reigne without limits For the Petitioners doe finde that the spirit of Persecution is in many so vigorous that where it cannot worke in the old way by a coercive power in Courts Ecclesiasticall It breaketh forth in all Courts of Civill Justice in these Nations more especially upon persons of most tender consciences With what violence are many harmlesse people persecuted who lest they should be found to maintaine a false worship and for no other cause dare not pay Tithes If any one refuse to pay the poores rate the Overseers can distreine and must returne the overplus But in cases of Tithes although the Law gives treble the value yet the Courts of Chancery and Exchequer leaving their proper quality which should be to mitigate and asswage the rigor of the Law use greater extremitities then the Law it selfe and doe daily enforce the expence of 30 or 40. times the value before the Defendants can be admitted to make any defence and at last must order an active obedience more grievous then all the expence Instances may be of poor Handicrafts-men that being in arrear but 2 or 3 s. for Tythe have been put to take the Copy of a Bill in one of these Courts of 40 or 60 and sometimes 100 sheets of paper And whereas by the fundamentall Lawes of England no mans liberty may be impeached at the suit of a common person till first he be summoned by an originall Writ wherein the true cause of action and the certaine debt and dammage demanded is expressed and the plaintiffes exorbitant demands are limitted by giving caution to prosecute before a Capias sh●uld be awarded Yet what grievous oppressions befall many innocent persons by the granting forth a Capias before the Summons like an Attachment before a Subpoena And by the frequent and almost constant use of feigned and false Processe the Bill of Middlesexe Latitat clausum fregit whereupon any persons as well Creditors as Debtors are daily arrested upon pretence of vast sums of money owing even for ten or twenty thousand pounds as cheap as for ten shillings and detained in Prison for want of baile till they be ruined in their Estates and Credits Many thousands have been so served some not indebted a penny others no more then upon a legall summons they could and would have paid had not sudden and unexpected arrests for so great summes