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A90224 To the Right Honourable, the knights, citizens, and burgesses, the Parliament of England, assembled at Westminster, the humble appeale and petition of Mary Overton, prisoner in Bridewell:. Overton, Mary. 1647 (1647) Wing O617; Thomason E381_10; ESTC R201411 9,107 15

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TO The right Honourable the Knights Citizens and Burgesses the Parliament of England assembled at Westminster The humble Appeale and Petition of Mary Overton prisoner in Bridewell SHEWETH THat whereas the publike safety and liberty of the people is the maine end of all Government and Governours whether Regall Parliamentarie or other and the Law of the Land usually called the Common-Law being grounded upon right reason and equity the true Rule and Directory both for ruling and obeying which to preserve as the King declareth in his Answer to your Petition of the 23. of May 1643. ought to bee the perpetuall and vigilant care of a Prince and acknowledgeth that upon the observation of the Fundamentall Lawes the publike happinesse and welfare of the people is founded and constituted calling God to witnesse That the preservation of the Law and the Liberty of the People should alwaies be as much his care and industry as the life or lives of his dearest children professing to make the Law the measure of his Power and that there was no man so neare unto him in place or affection whom hee would not leave to the justice of the Law himselfe acknowledging the Law to be the Inheritance of every Subject and the only security hee can have for his life liberty or estate the which being neglected violated or disesteemed under what specious shewes or pretences soever a very great measure of infelicity if not irreparable confusion would in avoydably ensue and that he was resolved not only to observe the Lawes himselfe but to maintaine them against all opposition and the Law respecteth nothing more then the Liberty and Freedome of a mans person according to the ancient and grave Lawyer Forteseue Impius crudelis est qui libertati non favet Angliae Jura in omni casu libertati dant favorem yet notwithstanding these so many reiterated professions and asseverations so often emitted in the Kings Declarations and Answers and other golden baites of profit and preferment neither your Petitioners husband now prisoner in Newgate by the House of Lords nor your Petitioner could in the least wise be induced to comply with the King or his party against this honourable House as many thousands have done who now are at liberty and under your protection to your high dishonour and to the great griefe of your best and most faithfull friends but being confident that you the betrusted of the Kingdome according to your many Vowes and Protestations Covenants Declarations Remonstrances Ordinances and to the high and great Trust reposed in you would have long ere now improved all your endeavours powers and interests for the redemption and advancement of our antient though of late yeares much invaded Rights Lawes and Liberties which are our Birthright and Inheritance as you as well as the King have often told us calling God to witnesse that the peace and good of the people ever was your only aimes professing unto us in the presence of the all-seeing Diety that our peace and safety is the onely end of all your Counsells and endeavours resolving therein to continue free from all private aimes or personall respects whatsoever and that you never intended to introduce any new Law to our prejudice much lesse to exercise any arbitrary power at all but to your utmost to prevent it holding it your duty to use your best endeavours that the meanest of the Commonalty might enjoy their Rights Liberty and Benefits of the Law being equally interested and entitulled thereto with the greatest Subject confessing and acknowledging that the sitting of the PARLIAMENT ought not to suspend the Law the execution thereof according to equity being the very Spirit as you tell us which gives life to authority from all which and manifold other Premises and Obligations even out of your owne mouths the Commonalty of England are invited and enabled justly to challenge and expect from this House the just defence preservation and fruition of all their Rights Lawes and Liberties in their lives persons and estates restraint of and protection against the malice and fury o those that seeke their ruine by any arbitrary domination or other practises whatsoever and therefore for that end are all obliged to stand by you and for you but on the contrary to return contrary effects for contrariorum contraria sunt consequentia But now so it is though your Petitioners husband hath constantly adhered to the Parliament and hath given ample testimony of his sincere and upright affections to this honorable House to the just Lawes and Freedomes of England in generall and to the Rights and Properties of all and every Commoner in particular by his constant and faithfull endeavours to that end as many hundreds in the City yea I may take the boldnesse to say many thousands in the Kingdome can witnesse in his behalfe yet notwithstanding upon the 11. of August 1646. had his house surrounded with divers armed men with swords and muskets under the Conduct of one Robert Eales and by the said Robert Eales Deputy-Catchpole to the House of Lords with his Sword drawne in his hand and by one M. Eveling dweller at the greene Dragon in the Strand with his pistoll ready cock'd was suddenly and violently entred and his person laid hold of without Warrant either Legall or pretended first shewen and so by force of arms was in an hostile manner led captive to the House of Lords who would High-Commission-like have examined him against himselfe which he refusing and appealing to this honourable House as his proper and competent Judges was therefore by the Lords under the pretence of contempt to that House committed to the infamous Goale of Newgate there to be kept til their pleasures should be further signified Which as your Petitioner humbly conceiveth tendeth to the high violation of the fundamentall Lawes of this Land the utter subversion of the Common Liberties of the people and of your Petitioners husbands native Right and Inheritance in particular for by the great Charter of Liberties the Lords cannot passe Judgement upon any Commoner in cases criminall concerning life liberty or estate neither can any other Court or Justices whatsoever before Indictment or presentment or by other due processe in Law take away Commoners life liberty or goods nor ought any man by Law to be forced by Oath to answer to Interregatories to accuse himselfe in any criminall causes which concerne either his life liberty losse of goods or freehold but ought to bee convicted first by witnesses presentment or the verdict of twelve men or upon or by his owne voluntarie confession without oath or co-action as by the Lawes Statutes and Authorities here set downe is clearly proved The Statute of Magna Charta 31. times confirmed in Parliament cap. 29. Enacts That no Free-man shall be taken or imprisoned or disseased of his Freehold or Liberties or free Customes or out-lawed or exiled or otherwise destroyed neither will we passe upon him nor condemne him but by lawfull
in their Petition of Grievances exhibited to King Iames and by sundry Parliaments since and by this present Parliament in their Remonstrance of the 15. of December 1642. is complained against as an insufferable Outrage Burglarie and oppression desiring a speedy reformation upon which they and you received royal promises that those exorbitances should be redressed yet notwithstanding this kind of insufferable tyrannie injustice violence inforced slaverie and oppression of the Lords through your neglect of restraint and moderation is now become more frequent and common then in any former ages subjecting us under worse slaverie and greater and more exorbitant unlimited arbitrary power and usurpation then formerly we were by the Prerogative Star-Chamber and High-Commission yet when we have appealed to this House both for judgement and redresse all approaches to justice have beene interrupted and hitherto delayed our Petitions and Complaints sleightly rejected or disregarded our friends wearied vexed and molested with long fruitles attendance while we our husbands brethren friends and servants contrary to all Law severally and in a forced and unjust separation from our husbands are kept and mewed up in your severall starving stinking murthering prison-houses and if at any time we get accesse or a Petition read which is seldome obtained we are referred over to one Committee or other who never will bring their reports unto the House to the obstructing and perverting the whole course of justice Whereas the grand Traitors the rebellious Lords who have been in armes against you and other the professed and known enemies of the Kingdome yea some of the Rebells exempted from pardon in the Propositions sent to the King can have liberty upon their paroll enjoy their estates obtaine favour and free accesse unto you ready acceptance and hearing of their Petitions quick dispatches of their businesse And notwithstanding the great and urgent Affaires of the Kingdome that common pretence for the obstruction and suspense of the just and necessary redresse of your best friends and faithfull lovers of their countrey you can finde leisure and take time weekly and daily to passe Ordinances for compositions and pardons for Delinquents declared Traitors somtimes twenty somtimes more upon one day to heare the Petitions of such as are malevolently affected not onely against your best most faithfull untainted friends assistants and adherents but even against the sinewes of yours and the Kingdomes defensive might the Army endeavouring and supplicating their speedy dissolution and the removall of all the best affected even while there was a threatning puissant Army of another Nation within the bowells of the Land to passe Votes Ordinances Declarations c. against preaching of the Gospell just as if you were running a tilt against Christ to destroy root out and confound all such as are religiously affected and have been under God the very props and pillars of your house the subduers and conquerers of yours and the Kingdomes enemies and all under the sacred pretence of suppression of Heretickes Schismaticks c. prevention of Heresies Schismes Blasphemies c. and under that religious guise stab your friends to the heart and when such your faithfull oppressed Assistants come with their Petitions for redresse and case of their grievances they are ordinarily sleighted scoffed and derided even by the Members of your House a most abhorred impiety most barbarous ingratitude for these and such like enormities and abuses of the people you can finde leisure and opportunity enough but you are so busied with the great affaires of the Kingdome as you call it that you can find no time these sixe years to proclaime liberty to the captive freedome to the oppressed to right the cause of the poore to heare the cry of the fatherlesse and widdow to reforme the cruelties and extortions of Goalers which like so many vulters upon a dead karkase eat the flesh and pick the bones of those poor miserable soules that are cast into their custody to protect or countenance the Commoners against the Prerogative usurpers and invaders of the great Charter of their Liberties or to restraine or curb their insolent aspiring dominations to restore the Citie of London and other Cities Towers and Burroughs to their antient Liberties and Franchises to disrobe the London Gown-men of their Prerogative usurpation of the freemens Property in the election of their publike Officers to bring Delinquents amongst you to triall to give encouragement to the people to bring in their just charge against any amongst you which shall betray their trust or deale treacherously with the people Lawes Free-Customes or Liberties to reforme the abuses of the Law through all the Courts in the Kingdome to cause the Lawes of the Land to be translated out of Pedlars French and Latine into the English Tongue c. So that many begin to feare by these your delayes of justice by your connivance at the Lords encreasing usurpations and attonement with and pardons of the Kingdomes Enemies by your discouragements and sleightings of your friends you give way to the Lords to carrie on a designe to alter the whole frame of the Legall Government of the Land and of subjection of us to a tyrannous lawlesse orbitrary Power and vassilage to the totall overthrow and irrecoverable losse and ruine of all our just Rights and native Liberties for what is tyranny but to admit no Rule of Government but their wills as with them by your permission is familiar and frequent and we know as sometimes the King hath told you the misery of Athens was at the highest when it suffered under thirty Tyrants and if instead of one Tyrant we have got three or foure hundred we cannot be far from the height of ours Now for as much as by the Lawes and Statutes of this Kingdome no Justices or other Judges of the Realme can make a Warrant upon bare surmise to breake any mans house for a fellon or for stollen goods much lesse for a free-mans owne the same being against Mag. Charta cap. 29. and contrary to the Statute of 42. Ed. 3. c. 3. c. and in this case before Indictment neither the Constable nor any other man can breake open any mans house for the apprehension of the partie suspected or charged with Fellony for it is in Law the arrest of the partie that hath the knowledge or suspition who cannot breake any house 2. H. 7. 3. and 15. 4. H. 7 2 3. 5. H. 7. 4. 10. H. 7. 17. 20. H. 7. 12. 7. Ed. 4 20. 8. E. 4 3. 10. E. 4. 17. 9. E. 4 26. 11. E. 4. 4. 13. E. 4. 9. 7. H. 4. 35. 17. E. 4. 5. 27. H. 8. 23. Dier 7. Eliz. 23. 6. Cooks Reports 1. 5. Fol. 9. 92. Semanies case And forasmuch as imprisonment by the Lords is inflicted by their censures as a punishment and so their first imprisoning before other Summons being no other then to begin execution before hearing which is contrary to all Law and Reason And forasmuch as justice