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A62721 To the high & honourable the legal earthly supreame povver of England, the representive body thereof, the Commons elective in Parliament assembled with authority only for the weale, but not for the woe of the people. The just petition of the free-borne commoners of the county of [blank] whose names are hereunto subscribed, earnestly desiring, the prosperity of the gospell, the removall of bad, the setlement of just lawes, the freedome of this nation, and the peace and tranquilety of all men. 1659 (1659) Wing T1397A; ESTC R219762 10,952 10

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the mouth of the oppressed let therefore our cryes come freely before you and obtain speedy redresse it is that which we expect and that which you cannot justly deny us without violation even of the very end of your Parliamentary being your Election and Session therein We therefore your Brethren and fellow Commoners being in this distressed dangerous condition and not being able to suffer our Laws and freedoms to be utterly laid wast and destroyed and not to endeavour our and their just preservation and defence have thought it our duties to God to our native Country to our selves and posterities to present amongst manifold other some certaine publick disorders and oppressions with some wholesom● meanes o● 〈…〉 to your wise and grave consideration earnestly desiring as you tende● the weale and glory of this Nation the interest and freedom of the commons thereof to graunt us without all further delayes or demmurres a happy consumation of these out subsequent just desires hereunto Annexed And your petitioner as in duty bound shall ever pray c. Articles concerning your Petitioners in this Capacity of Commoners or free men of England which on the behalfe of themselves and all others their fellow Commoners of England they do humbly desire as followeth 1. That the fundamentall Birth-right and propriety of the people in their Election and constitution of Representors and Deputie to sit and act in their Parliamentarie affaires may be fully restored setled and secured ●o entire and inviolable in the hands and power of the free Commoners of England that no pretended prerogative or other priviledge whatsoever may suspend obstruct or make void the a mission or session of any Members which are or shall be Elected and constituted by the Counties Cities Townes and Burroughes of the Realme for their respective representor or deputies And that for the futurre the Election and expulsion of the Elected may be so setled in the Electors that that none may be hindred debard or expulsed from serving his Country under any colour or pretence whatsoever or for refusing the Covenant or otherwise without order ●●rst assent or con●urrence of their Countrey And that from henceforth the Commons of the severall Countrie Cities Townes and Burroughs of the land may have full power to remove and displace their respective Representors and Deputies in Parliament elected only for their weale which shall falsifie their trust betray their Countries Rights or freedomes or shall doe any thing apparently tending to the introduction of an arbitraty Power or government whatsoever Or shall refuse to present the Petitions complaints or grievances of their respective Counties Cities Townes and Burroughs to this House or shall not endeavour their redresse And upon such expulsion or removeall to elect and send others which shall be more faithfull and serviceable in their trust 2. That there may be a due and equall number of Members to sit in Parliament for the future elected in all the Counties of England according to their respective extents and limits quantity for quantitie That all Member in the House may be equally Representative and all the parties of the Kingdome be equally represented and none have greater priviledge then other but as all must be subject to the executative power of the Law so all may have an equall title and interest in the Legislative power of the Law Provided that it be so ordered ●s that the severall Counties Cities Townes and Burroughs elect in the generall no more then a Competent number 3. That every English man which must be subject to the Lawes and Acts of Parliament may have his free admission of voice in the Election of Knights and Burgesses with the greatest Subject 4. That for the better security of the interest and power of the People all titles by Prerogative Priviviledge Pattent Succession Peerage Birth or otherwise to sit and act in the Assembly of Parliament contrary to and without the free choice and Election of the People be utterly abbrogated nuld and made void and that all such so sitting may be removed from sitting therein 5. That all Statutes Acts and Ordinances whatsoever be from henceforth drawne up and published only in the name of the representative body of the Commons of England assembled at Westminster or where else shall be the place of their Session 6. That the authority of this Honourable house may be preserved and secured for the future from the obstructions and prejudice of a negative voice in any person or persons whatsoever which may disinable your Honours from the passing and establishing any act or acts for the weale and safety of the people 7. That no man may be admitted to the office of Member ship in Parliament or any other Office in the Land but for one yeare except by a new free Election and that at every yeares end to give an exact accompt of his fidelity and service upon his removall and before his readmission in case of a new Election 8. That every County may have liberty to choose some certaine number amongst themselves to inquire and present to the Parliament what be the just Lawes Customes and Priviledges of each Countie And that those Countie Commissioners be bound to receive all and every impeachment and impeachments by any person or persons whatsoever of the respective Counties against any of their owne respective Knights or Burgesses in Parliament for falsifying and betraying his or their Countries trust or any wise indeavonring the introduction of an arbitrary power in this Land And that the said Commissioners have power and be firmly bound to impeach and attach in the name of their respective Counties their said Member or Members and to bring him or them to a legall and publique tryall That in case such be found guilty justice may be executed and others in their roome by the free choyce of the people be sent And in case any such Commissioner or Commissioners shall refuse to prosecute any such complaint or impeachment that then he or they be adjudged guilty of treason 9. That the House of Commons shall not agree unto or make any Statute Law contradicttory to the just maximes of the Common Law or any of them Neither shall any such Act be binding for the time to come But that strong provision be made against all such Acts past or to be past Articles concerning Courts of Judicature offices and Officers of the Law 1. That all Courts which are not established by the old Law of the Land and all illegall offices and officers belonging to the same and all other vexations and unnecessary Courts be abolished by act of this present Parliament And that provision be made that for time to come no Courts or Officers whatsoever may be obtruded upon the free Commoners of England either by royall grant Patent Act of Parliament or otherwise contrary to the old Law of the Land 2. That according to the old Law and custome of the Land long before the Conquest There may be Courts of
Iudicature for the speedy tryall and determination of all causes whether Criminall or Civill erected and established in every Hundred for the ease and benefit of the Subject to be holden according to the old Custome twice every month for the ending of all causes Criminall and Civill whatsoever which shall happen in the respective Hundreds That the Free men of England may have a sudden quick and easie dispatch of their suits and be eased olso of their vexations and chargeable travelings from all parts of the Kingdome for processe and tryall of their suits unto Westminster-Hall 3. That all such Officers as by the antient and common Lawes of this Nation are illegible and to be chosen by the free Commons as Mayors Sheriffes Iustice of peace c. may be left to the free Election of the people in their respective places and not otherwise to be chosen And that all such publique affaires now in being Not so elected and allowed may be forthwith removed and others by the free choice of the People be constituted into their roomes Articles concerning Gaoles Gaolers and Imprisonment 1. That the extortions and oppress●ive foes of Gaolers may be redressed and eased and that strict and severe prevision be made against all Gaolers and their deputias to restrane them for the future from the like extortions and Cruelties now frequent in all the Gaoles of the Land And that there may be a strict and severe Inquisition after the blood of such prisoners as have been murthered and starved by the cruelties of Gaolers that so the persons guilty thereof may have justice execmed upon them 2. That no Prisoners be put in Irons or to other paine before conviction and condemnation 3. That there may be cleanly and wholesome provision made in all the Gaoles of England for the lodging of Prisoners at the charge and cost of the State And that no Fees for Chamber-rent for entring or diliverance or any thing in lieue thereof be exacted or demanded under a severe penalty upon the Exactors who are in that case to be proceeded against and judged as for matters of theft 4. That all persons committed for treason or murther that shall breeke prison or attempt an escape if discovered and apprehended be taken pro Confiss● and dye without mercy And that such as are committed for theft and shall make an escape upon their apprehension be put to perpetuall Servitude for the benefit of the State 5. That neither the high Court of Parliament nor any other inferior Court or Magistrate whatsoever may commit any free man of England to Prison upon any pretended contempts as is frequent in these dayes but only for transgression and breach of the knowne Lawes of the land And for the future to award the free Commons of England from the revenge of Arbitrary Spirits That strong provision be made by the Authority of this present Parliament to that end 6. That there may be a severe penalty provided against all Gaolers and their Deputies which shall receive any person or persons whatsoever without a lawfull charge or commitment drawne up in writing according to the true forme of the Law with a lawfull cause therein expressed and with a lawfull conclusion him safely to keep untill he shal be delivered by due processe of Law according to Magna Charta and the Petition of Right and not at the will and pleasure of the Committer 7. That strong provision be made against all such Gaolers as shall detaine any person or persons in prison after a lawfull discharge as is frequent in all the Gaoles of the Land whereby many poore free Commoners of England have been starved and dyed of hunger 8. That all such Commoners as are imprisonned for the just maintenance of any lawfull interest and propriety of the Commons of England be forth with dischargad by order of this honourable House from their respective imprisonments and that ample and due reparations according to their respective dammages and sufferings be an swerably and effectually conferred upon them 9. That all criminall persons that are condemned and reprived may be acquit and set free and all persons in prisoned for debt or for any other pretended offences contrary to the fundamentall lawes of the Land may be deliuered and set free out of prison Articles concerning the Lawes and corruptions thereof with other publique Grievences 1. That all the Lawes of the Land lockt up from common capacities in the Latine or French tongues may be translated into the English tongue And that all Records Orders Processes Writs and other proceedings whatsoever may be all entered and issued forth in the English tongue and that in the most plaine and Common Character used in the Land commonly called Romand or Secretary and that without all or any Latine or French Phrases or tearmes and also without all or any abreviations or abridgements of words that so the meanest English Commoner that can but read written hand in his owne tongue may fully understand his owne proceedings in the Law 2 That all exorbitant fees of Offices and officers belonging to the Law of the Land may be regulated and abated 3 That a more sure and speedy way of dispatch of the suits of such persons as through extreame proverty are not able to recover their properties and rights may for the time to come be established and setled in the Land 4. That no free Commoner of England be inforced or put either by the high Court of Parliament or by any subordinate Court Officer or Minister of Iustice whatsoever in the Land to make oath or to answer upon 〈◊〉 to any Interrogatories concerning himself in any criminall case concerning his life liberty goods or free-hold And that neither the High Court of Parliament nor any subordinate court officer or Minister whatsoever before Indictment presentment verdict of 12. men or other due processe of Law may take away any free Commoners life liberty goods or free-hold contrary to the State of Magna Charta cap. 29.25 Ed. 3. c. 4.28 E. 3. c. 3.42 Ed 3. c. 3.1 Eliz. ●ar 1. c. 5. That all Statutes made for the compulsion of persons to heare the Common Prayer Book and for the exercise of other Popish Rits and Ceremonies may be abrogated and taken away and that all and singular persons indicted imprisoned or otherwise molested upon the aforesoid Statutes may be inlarged and relieved 6. That all Statutes made concerning Hunting and preservation of Game may be repealed 7. That all single Orders made by the House of Lords may be made voide 8. That whosoever whether Parliament man Noble man or Commoner shall imprison indict or otherwise molest any free man of England and shasl not by due processe of Law make good the charge and accusation against him that the same person that prosecutes whatsoever he be may suffer the same penalty which by Law is due to such crimes and offences so uniustly charged And that in such cases there may be a certain
To the high Honourable the Legal Earthly supreame Power of England the representive Body thereof the Commons elective in Parliament Assembled with Authority only for the weale but not for the woe of the people The just petition of the free-borne Commoners of the County of whose names are hereunto subscribed earnestly desiring the prosperity of the Gospell the removall of bad the setlement of just Lawes the freedome of this Nation and the peace and tranquilely of all men Sheweth THat whereas the life and spirit of true Magistracy doth essentially consist of Justice and Mercy and the weal and happinesse of all pollitick Bodyes in the free and impartiall execution thereof insomuch that neither just Magisteriall Authority can be without the one nor yet the safety of a people without the other those being the maine Pillars whereon all humaine Authority and all publick safety are setled and stayed so that no sooner that those Divine Pillars are battered and ruined but the Fabrick of the Common-wealth tumbleth down as it were headlong into utter confusion and hath its being dissolved forthwith Government if degenerate from Mercy and Justice looseth its true Magisteriall Being and every po●●tick Body deprived of Execution thereof looseth its freedome and falleth into Bondage And that people are thereby even from the principles of nature instated into a just capacity of resistance and utterly from their obedience to such Rulers absolved except to use your owne words a. Declar. 2. Novem. 1646. Bo. Dec 1. par p. 696. pag. 150. that obedience binds men to cut their owne throats but that your selves doe deny and plainly in the said Decl. affirme that in such cases nature teacheth every man to provide for his safety and elsewhere you tell us b. Decl. 19. May. 1642. 1. par Bo. Dec. p. 207. that this Law is as old as the Kingdome that the Kingdome must not be without a meanes to preserve it selfe the Kingdom and people while the owne and the other hath being must ever be supposed and granted to have this radicall principall of nature inherent to provide in all straits for their safety as a thing justisiable by the Law of God of nature and of Nations or else were wee worse then the bruit Beasts of the field who by the very instinct of nature engraven in their hearts will to the utmost of their power save and defend themselves from all violence mischief and sure no just priveledg or prerogative in Rulers can desire King Iam. Speech in par at White Hall 1609. pub by his pres par that men should be worse then Beasts and this principall is backed with the Testimony of King James who Positively said that a King Governing in a setled Kingdome leaves to be a King and degenerats into a Tyrant as soone as he leaves of to rule according to his Lawes and if no longer King no longer obedience is due for Regall●ty and obedience are relative And therefore the late Politick Government of this Kingdome being degenerate from just Royalty to lawlesse Tyrany the Parliament and people rose up in Armes as one man against the King and his partie for their preservation for redemption and recovery of their Lawes and Freedomes out of the hands of violent Vsurpers and Tyrants in which just expedition your Petitioners have liberally and freely engaged their blood and Treasure c. faithfully with you persevering to the end Yet now so it is Right Honourable your Petitioners find themselves in no wise eased or redressed but on the contrary themselves and the whole Commons of England especially the well affected Partie your most faithfull friends and Assistants encumbred and 〈◊〉 with Oppressions and Oppressors no lesse 〈◊〉 and Tyrannicall than the Former new devices dayly hammered and hammering out against them to disinherit and deprive them of the Purchace of their blood their Nationall freedome and safety and which to the publick is most obnoctious and dangerous of all the Fundamentals and Pillars upon which the whole Fabrick of this Commonwealth is founded and errected we find most desperately undermined and allmost ruined the great Charter of England whereby we hold our Lives our Lands our Goods and Freedomes formerly 〈◊〉 times by severall Parliaments confirmed to us and our posterities is now through the insolent domination of the Prerogative men of the Kingdome made so voide and of so little effect that the maintainers and strict observers thereof are therefore imprisoned tossed and tumbled from Goal unto Goal Sentenced Fined Drag'd worse then Dogges without all remorse or respect either to tender infancy weaknesse of Sexe or constitution headlong through the dirt and the mire beat and abused by mercilesse Goalers laid in fetters and irons the husband deprived of wife the wife of husband the one thrown into one Goal the other into another and their innocent helplesse children like destitute Orphans exposed to the mercy of the World c. and yet notwithstanding no reliefe can be obtained from this House though daily solicited and Petitioned by themselves and lately in their behalfe by almost ten thousand of the Gentlemen and Yeomen the Counties of Buckingham Shire and Hartford Shire whose requests for them were so reasonable equall and just as might justly expect acceptance from Infidels Pagans and Turkes to wit that they might be forthwith brought to the tryall and determination of this House to whom they have appealed either for their speedy condemnation or justification a benefit not to be denyed to Murtherers Burglars and Felons and yet to the great dishonour of this House vexation of your Petitioners and of other the free men of England our brethren and fellow Commoners of the aforesaid Counties could not obtaine from this House after 8. or 9. dayes attendance and solicitation so much as a reading of their petition therein but being sleighted and rejected were forced to depart to their Counties againe much displeased and discontented at this House even in dispaire and hopelesse of any benefit thereby Though formerly this Parliament hath declared * Decl. 2. Nov. 1642. b. Decl. 1 part pag. 720. 1 par bo Decl. pag. 123.201.202.209.548 that they are bound to receive Petitions for the removall of things though established by Law that by experience are found grievous or burthen some If so then how are your honours degenerate now thus to slight the Countries and reject their petitions which are according to the Fundementall Lawes of the Land and for no other reliefe then according thereto These and manifold other oppressions cruelties and tyrannies like Aegyptian Grashoppers overspread and devoure the Land nothing but confusion and disorder appearing priviledges and prerogative unbounded will lust and ave●ice advancing into the Throne c. But now Right Honourable be not offended with us at our greivous Complaints it is the Commons which are oppressed give therefore the oppressed leave to Complain for it is most barberous and inhumaine to oppresse and then to stop
England and Wales at the publique charge of the respective Counties for the good education and nurture of poore fatherlesse or helplesse children maintenance and reliefe of poor widowes aged sick and lame persons And to that end that all the Cleabe lands in the Kingdome may be converted to the maintenance and use of those charitable houses Concerning Commons inclosed That all grounds which antiently lay in Common for the poore and are now impropriate inclosed and fenced in may forthwith in whose hands soever they are be cast out and laid open againe to the free and common use and benefit of the poore Concerning Petitions That strong provision be made that neither this honourable Court nor any inferior Court Officer or Minister of the Law whatsoever may in any wise let disturb or molest any person or persons from contriuing promoting or presenting any petition or petitions concerning their grievances liberties to this honourable House Concerning Delinquents That no Delinquents nor any that hath adheared to the Enemy either in bearing Armes or in giving contribution to the warre be permitted to beare any Office or authority either Martiall or Civill in this Nation neither to give any voice in the Election of any Officer of State and to that end that Commissioners may be directed to every County to enquire and certify the names of all such as have borne Armes Office or given contribution to or for the Enemy to the intent their names may be recorded both in the Exchecqure and in the County Courts that it may be known who by their delinquency have made themselves uncable of either Vote or Voice And that all such as are all ready crept in or stept up into any Office or authority may be forthwith removed And that all Offices of places and trust of the Kingdome may be secured and setied onely in the hands of such as are men approved faithfull to the freedomes of the Commoners of England That all notorious Delinquents and Rebells to the State with all such as have betrayed their trust in the surrendering of any Towns Forts or Castles or have underhand complyed with the Enemy either by intelligence contribution of moneyes or Armes or otherwise with all such as are impeached with Articles exhibited in this House or which may lawfully be impeached may be delivered up and speedily brought forth to a legall tryall Concerning Texes Imposts Excise c. That for the easing of this Nation from the many great Assessements and taxes under which it groneth That Commissioners under the great Seale may be issued out for every County to take the occompts of all Committees and other Officers who have been receivers for the State of moneyes that way raysed in every County City Town and Brough That the Impost or Excise may not be any longer continued upon meat and drinke for prevention of Insurrections tumults and mutanies and for the ease and favour of the Poore That untill the publick debts be paid there may be a due levying of the estates of all Delinquents in every County who have not yet compounded and are not yet Sequestred And that none of them be admitted to composition untill they shall have accomp●●● for the proffets of their Lands from the time of their Reduction to the obedience of the Parliament Conclusion And lastly may it please this honourable Assembly wee humbly desire that all the Lawes freedomes and properties of the People which are here presented or which shall be added hereunto for the weale and safety of the People may be with all expedient brevety digested and collected into an orderly forme and be granted ratified and confirmed by this present Parliament as the great Charter of Liberties and freedomes o● England to us and our posterities for ever And that a Book thereof be provided and that it be printed in the English tongue and a Booke thereof be provided for every Parish throughout the Realme to be kept for the publick use and service of the Inhabitants of every respective place as oceasion shall afford FINIS