The petition of right of the free-holders and free-men of the kingdom of England: humbly presented to the Lords and Commons (their representatives and substitutes) from whom they expect a speedy and satisfactory answer, as their undoubted liberty and birth-right. Prynne, William, 1600-1669. This text is an enriched version of the TCP digital transcription A91239 of text in the English Short Title Catalog (Thomason E422_9). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 49 KB of XML-encoded text transcribed from 12 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A91239 Wing P4029 Thomason E422_9 99864189 99864189 161384 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A91239) Transcribed from: (Early English Books Online ; image set 161384) Images scanned from microfilm: (Thomason Tracts ; 66:E422[9]) The petition of right of the free-holders and free-men of the kingdom of England: humbly presented to the Lords and Commons (their representatives and substitutes) from whom they expect a speedy and satisfactory answer, as their undoubted liberty and birth-right. Prynne, William, 1600-1669. 23, [1] p. s.n.], [London : Printed in the year, 1648. Attributed to William Prynne. Place of publication from Wing. Annotations on Thomason copy: "Jan. 8th. 1647"; the "8" in the imprint date has been crossed out. Reproduction of the original in the British Library. eng England and Wales. -- Parliament -- Early works to 1800. Great Britain -- Politics and government -- 1642-1649 -- Early works to 1800. A91239 (Thomason E422_9). civilwar no The petition of right of the free-holders and free-men of the kingdom of England:: humbly presented to the Lords and Commons (their represe Prynne, William 1648 8349 16 0 0 0 0 0 19 C The rate of 19 defects per 10,000 words puts this text in the C category of texts with between 10 and 35 defects per 10,000 words. 2007-06 TCP Assigned for keying and markup 2007-06 Aptara Keyed and coded from ProQuest page images 2007-08 Angela Berkley Sampled and proofread 2007-08 Angela Berkley Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion THE PETITION OF RIGHT OF THE FREE-HOLDERS and FREE-MEN OF THE KINGDOM OF ENGLAND : Humbly presented to the Lords and Commons ( their Representatives and Substitutes ) from whom they expect a speedy and satisfactory Answer , as their undoubted Liberty and Birth-right . Printed in the Year , 1648. THE PETITION OF RIGHT OF THE Free-holders and Free-men OF THE Kingdom of England In all humbleness shew unto the Lords and Commons now in Parliament assembled ; THat whereas the Lords Spiritual and Temporal , and Commons in Parliament assembled , in the third year of his Majesties reign , that now is , did , in their most famous Petition of Right , among other things , claim these ensuing , as their and our undubitable Rights and Liberties , according to the Laws and Statutes of this Realm , viz. That no Free-man in England should be compelled to contribute to make or yeeld any Gift , Loan or Benevolence , Tax , Tallage , or other such like charge , without common consent by Act of Parliament . That no Free-man may be taken or imprisoned , or disseised of his Free-hold , or Liberties , or free Customs , or be out-lawed or exiled , or in any manner destroyed , or be adjudged to death , but by the Lawful Judgment of his Peers by the Law of the Land , and due process of Law . That the quartering of Soldiers and Mariners in any Freemens houses against their wils , and compelling them to receive them , is against the Laws and Customs of this Realm , and a great grievance and vexation of the people ; [ Notwithstanding the Commons in this present Parliament , in their Remonstrance of the State of the Kingdom , 15 Decemb. 1641. published to all the Kingdom : That the charging of the Kingdom with billeted Soldiers ( complained of in the Petition of Right , as aforesaid ) and the Concommitant Design of German Horse , that the Land might either submit with fear , or be inforced with rigor to such ARBITRARY CONTRIBVTIONS , as should be required of them ; was a product and effect of the Jesuited Councels , of Iesuites , Papists , Prelates , Courtiers and Counsellors , for private ends . And therefore not to be approved or endured in themselves , or in any Officers or Soldiers under their command , raised purposely to defend , and not invade our just Rights and Properties , especially since the Wars determination in this Realm , since they desire in that Remonstrance , That all Sheriffs , Iustices , and other Officers be sworn to the due execution of the Petition of Right , and those Laws which concern the Subject in his Liberty . ] And that all Commissioners for the executing and putting of men to death by Martial Law , ( except only in Armies in time of War ) are wholy and directly contrary to the Laws and Statutes of this Realm . And did in their said Petition grievously complain , That by means of divers Commissions , directed to sundry Commissioners in several Counties , his Majesties people have been , in divers places , assembled and required to lend certain sums of Money to his Majesty ( pretended for the publick safety ) and many of them , upon their refusal so to do , have had an Oath tendred to them , not warrantable by the Laws and Statutes of this Realm , and been constrained to become bound to make appearance and give attendance before the Privy Councel and in other places , and other of them have been therefore imprisoned , censured and sundry other ways molested and disquieted , and divers other Charges have been layd and levyed on the people in several Counties by Lord Lieutenants , Deputy Lieutenants , Commissioners for Ministers , Justices of Peace , and others against the Laws and free Customs of this Realm . And that divers Subjects have of late been imprisoned without any cause , or any just or lawful cause shewn ; and when for their deliverance they were brought before his Majesties Justices by Writs of Habeat Corpora , there to undergo and receive as the Court should order , and their Keepers commanded to certifie the causes of their detainer , no cause was certified , but that they were detained by his Majesties special command , signified by the Lords of his Privy Councel , and yet were returned back to several prisons without being charged with any thing , to which they might make answer according to the Law . And that of late great companies of Soldiers and Mariners have been dispersed into divers Counties of the Realm , and the inhabitants , against their wils , have been compelled to receive them into their houses , and there to suffer them to sojourn against the Laws and Customs of this Realm to the great grievance and vexation of the people . And that divers Commissions under the great Seal had been granted to proceed according to Martial Law against Soldiers , Mariners and others , by colour and pretext whereof some of his Maiesties Subiects had been illegally put to death and executed . And also sundry grievous offendors , by colour thereof , claiming an exemption have escaped the punishments due to them by the Laws and Statutes of this Realm , by reason that divers Officers and Ministers of Justice have uniustly refused or forborn to proceed against such Offendors according to the said Laws and Statutes , upon pretence that the said Offenders were punishable by Martial Law , and by Authority of such Commissions , as aforesaid . And therefore they did then in their said Petition most humbly pray his most Excellent Maiesty , that no man hereafter be compelled to make or yeeld any Gift , Loan , Benevolence , Tax or such like charge , without common consent by Act of Parliament . And that none be called to make answer , or take such Oath , or to give attendance , or be censured , or otherwise molested or disquieted concerning the same , or the refusal thereof . And that no Free-man , in any such manner , as is before mentioned , be imprisoned or detained . And that his Maiesty would be pleased to remove the said Soldiers and Mariners , and that his people may not be so burthened in time to come . And that the foresaid Commissions for proceeding by Martial Law may be revoked , recalled and annulled . And that hereafter , no Commissions of the like nature may issue forth to any person or persons whatsoever , to be executed as aforesaid ; lest by colour of them any of his Maiesties Subiects be destroyed or put to death , contrary to the Laws and Franchises of the Land . All which they then most humbly prayed of his Maiesty , as their Rights and Liberties , according to the Laws and Statutes of this Realm . And that his Majesty also would vouchsafe to declare , that all the awards , doings and proceedings to the preiudice of his people , in any of the premises , shal not be drawn hereafter into consequence or example . To all which the King then fully condescended , and gave this royal Answer in Parliament ; Let Right be done as is desired . These undoubted Rights , Franchises and Liberties , and that our Knights and Burgesses ought to enioy their ancient Priviledges and Freedom , and to be present at all binding Votes and Ordinances , we do here claim and challenge as our Birth-right and Inheritance , not only from his Maiesty , but from both the Houses of Parliament now sitting , who have in sundry printed Remonstrances , Declarations and Protestations , and in the Solemn League and Covenant , oft times promised and seriously vowed and covenanted , in the presence of Almighty God , inviolably to maintain and preserve the same , and to bring the Infringers of them to condign and exemplary punishment , and have engaged all the wel-affected Free-born people of England , by like solemn Protestations , Leagues and Covenants , to maintain and defend the same with their lives and estates : And therefore we at this present not only humbly desire but also require both the said Houses and every Member of them , even in point of Justice , Right , Duty and Conscience , not of favor or indulgence , inviolably , without the least diminution , to maintain , defend and preserve these our Hereditary Rights and Liberties , intailed on us and our posterities by so many Statutes , confirmed and ratified by such a multitude of late Declarations , Protestations , Remonstrances , Vows and Solemn Covenants , wherein they have mutually engaged us together with themselves , and for the preservation wherof against the Kings Malignant Counsellors , and Forces , and Party , ( now totally subdued ) have of late years put us and the whole Kingdom to such a vast expence of Treasure and Gallant English blood : and likewise pray their publick Declaration against , and exemplary Justice upon the present open professed Invaders and Infringers of them , in a more superlative degree then ever heretofore . For not to enumerate the manifold Encroachments on , and Violations of these our undoubted Priviledges , Rights and Franchises , by Members , Committees , and all servants , of persons military and civil imployed by both Houses , during the late uncivil Wars , occasioned the inevitable Law of pure necessity , all which we desire may be buried in perpetual oblivion , we cannot but with weeping eys & bleeding hearts , complain & remonstrat to your honors : that contrary to these undoubted rights ; Priviledges and Franchises ; many of us who have always stood wel-affected to the Parliament , and done and suffered much for it , have partly through the power , malice and false suggestions , either of some Members of both Houses who have born a particular speen against us , but principally through the malice and oppression of divers City and Country-Committees , Governors , Officers , Souldiers and Agents imployed by Parliamentary Authority , been most injuriously and illegally imprisoned , sequestered , plundered , put out of our Offices , Benefices , Livings , Lands , Free-holds , enforced to send divers sums of money without any Act or Ordinance , to take unlawful Oaths , enter into bonds to make appearance , and give attendance upon severall persons and Committees , both in the Country , London , Westminster , and other places , for divers moneths together , and have been confined , restrained , and sundry other ways oppressed , molested and disquieted , and utterly ruined ; of which when we have complayned to the Houses , we can find either no Redress at all , or such slender and slow relief , as is as bad or worse then none at all . And when we have sought our Enlargement from our unjust imprisonments in a Legal way , by writs of Habeas Corpora , in the Kings Courts ; our Keepers have either refused to obey them , or to certifie the causes of our detainer , or else have certified generally , that we were detained by order or command of one or both Houses , or of some Committees or Members of Parliament , whereupon we have been remended to our respective prisons , without being charged with any particular offence , to which we might make answer according to Law : And if we seek to right our selves against those who have thus unjustly and maliciously imprisoned , oppressed , plundered and disseised us of our Free-holds , Lands and Goods , by actions of false imprisonment , Trespass , Trover , Assise , or the like at the Common Law , which is our Birthright ; These Members and their Servants , who have injured and ruined us , plead exemption from our suits , by reason of their Priviledges , so as we neither can nor dare to sue them ; and Committee-men and others , when we sue them for any injuries , Trespasses or oppressions by Land or Sea , plead the Ordinances of Indempnity , to justifie their most unjust and exorvitant actions , warranted by no Law nor Ordinance whatsoever , and by colour thereof stay both our Judgments and Executions at Law , after verdicts given against them for our relief ; and force us to travail from all parts of the Kingdom unto Westminster , and there to dance attendance upon Committees of Indempnity , and the like , for many weeks and moneths , til they enforce us to spend , more then the dammages we justly recovered , and to release our just Actions and Executions , at the last , contrary to our just Rights and Priviledges , the expres● Letter of Magna Charta ; We will deny , we wil deferr right and justice to no man ; And to the very purport of the Ordinances of Indempnity , which never intended to exempt any Committees or other Officers , Agents , Souldiers or Sea-men imployed by the Houses from any unjust or injurious actions done out of private malice , or for private ends , or lucre , without , besides , or against all Ordinances , or from any gross abuses of their power and trust to the peoples prejudice and oppression ( all which are now patronized and maintained by pretext thereof ) but only to secure them from unjust vexations and suits , for what they sincerely acted for the publike good , according to their trust and duties . And which is yet more sad and dolefull , the very greatest Malignants , who have been most active against the Parliament , and for our good affections and service to it , have burnt down much of our Houses , seized upon our goods and estates , imprisoned , beaten , wounded and mained our persons , imposed heavy taxes on us , indicted us of high Treason for bearing Armes in the Parliaments defence , and enriched themselves with our spoyles and estates ; by colour of the Articles of Oxford , Exeter , Winchester , and the like : exempt themselves from our Actions and Arrests , stay our Judgments and Executions after our expence , in suits and Recoveries at the Law , when we have received not one quarter of the damages we sustained by them , by verdict and tryall ; and summon us from all parts of the Kingdom , to appear and wait for divers weeks before the Committe of Complaints at Westminster , to our intolerable vexation and expence , where they find more friends and favour commonly then we , and force us to release both our damages and costs of suit to our utter undoing : The very extremity both of Injustice and ungratitude , which makes Malignants to insult and triumph over us , out of whose estates we wer by divers Remonstrances and Declarations of both Houses , promised full satisfaction for all our losses and sufferings in the Parliaments cause ; who are now on the contrary thus strangely protected against our just suits against them , for our sufferings by them , and are promised a general act of Indempnity and oblivion ( as we hear ) to secure themselves for ever against us , whom they have quite undone ; which if obtained , wil break all honest mens herats , and discourage them ever hereafter , to act or suffer any thing for the Parliament , who insteed of recompencing them for their losses and sufferings , according to promise and justice in a Parliamentary way , do even against Magna Charta it self , and all Justice and Conscience , thus cut them off from all means and hopes of recompence or relief in a Legall way , and put Cavaleers into a far better and safe condition , then the faithfulest and most suffering Parliamenteers , a very ingrate and unkind requital . Besides we cannot but with deepest grief of soul and spirit complain , that contrary to these our undoubted Rights and Priviledges , many of our faithfullest Knights and Burgesses , whom we duly chose to consult and vote for us in Parliament , have through the malice , practise and violence of divers mutinous and Rebellious Souldiers in the Army ; and some of their Confederates in the House , without our privity or consents , or without any just or legal cause , for their very fidelity to their Country , for things spoken , done and voted in the Houses , maintaining the Priviledges of Parliaments and opposing the Armies late mutinous , Rebellious , Treasonable and Seditious Practises , been most falsly aspersed , slandered , impeached , and forced to desert the House and Kingdom too ; others of them arrested and stayed by the Army , and their Officers , without any warrant or Authority : others of them suspended the House before any Charge and Proofs against them ; others expelled the House , and imprisoned in an Arbitrary and Illegal manner , when most of the Members were forced thence by the Armies violence , without any just cause at all , or any witnesses legally examined face to face , and without admitting them to make their just defence as they desired : And that divers Lords and Members of the House of Peers have likewise been impeached of High Treason , sequestred that House , and committed to Custody , only for residing constantly in the House , and acting in , and as an House of Parliament , ( for which to impeach them of Treason , is no lesse then Treason , and so resolved in the Parliaments of 11. R. 2. & 1. H. 1. in the case of Tresilian and his Companions ) when others who dis-honorably deserted the House , and retired to the mutinous Army , then in professed disobedience to , and opposition against both Houses , are not so much as questioned ; and all this by meer design and confederacy , to weaken the Presbyterians and honest party in both Houses , which were far the greatest number , and enable the Independent Faction , to vote and carry what they pleased in both Houses ; who by this Machivilian Policy and power of the Army ( under whose Guard and power , the King , both Houses , City , Tower , Country have been in bondage for some moneths last past ) have extraordinarily advanced their designs , and done what they pleased without any publike opposition , to the endangering of all our Liberties and Estates . Nay more then this , we must of necessity Remonstrate , 〈◊〉 the Representative body of the Kingdom , and both House of Parliament , by their late Seditious and Rebellious Army , have not only been divers ways menaced , affronted , disobeyed , but like wise over-awed , and enforced to retract and null divers of their just Votes , Declarations and Ordinances against their Judgments and Wills , to passe new Votes , Orders and Ordinances sent and presented to them by the Army , to grant what demands , and release what dangerous Prisoners they desired of them ; to declare themselves no Parliament , and the Acts , Orders and Ordinances passed in one or both Houses , from the 26 of July , to the 6 of August meer Nullities , during the Speakers absence in the Army , by a publike Ordinance then layd aside by the major votes , and at last enforced to passe by a party of one thousand horse ( a far greater force then that of the Apprentices ) drawn up into Hide-Park to over-awe the Houses , because the Generall and Army , had voted them no Parliament , and their proceedings null . Since which they have in their printed Treasonable Remonstrance of the 18th of August , not only protested and declared against the Members Vote● and Proceedings of both Houses , both during the Speakers absence and since , but likewise thus Traiterously and Rebelliously close up their Remonstrance with this protest and declaration to all the world . p. 23. 24. That if any of those Members , who during the absence of the Speakers , and the rest of the Members of both Houses , did sit or vote in the a pretended Houses then continuing at Westminster , that hereafter intrude themselves to sit in Parliament , before they have given satisfaction to the b respective Houses whereof they are ▪ concerning the ground of their said sitting at Westminster , during the absence of the said Speakers , and shall have acquitted themselves by sufficient evidence ; That they did not procure nor give their consent unto any of those pretended Votes , Orders or Ordinances , tending to the c raising and levying of a war ( 〈◊〉 is before ( falsly ) declared ) or for the Kings coming forth with to London ; WE CANNOT ANY LONGER SVFFER THE SAME ; but shal do that right to the Speakers and Members of both Houses who were * driven away to us , & to our selves with them d all whom the said Members have endeavoured in an hostile manner to destroy ) and also to the Kingdom , ( which they endeavoured to embroyle in a new war ) 〈◊〉 to take some speedy and effectual course * WHEREBY TO RESTRAIN THEM FROM BEING THEIR OWN AND OVRS AND THE KINGDOMS IVDGES , in these things wherein they have made themselves e parties , and by this means to make War ; that both they and others who are guilty of and parties to the aforesaid treasonable and destructive practises and proceedings against THE FREEDOM of PARLIAMENT and Peace of the Kingdom , may be brought to condign punishment , ( and that ) at the judgment of A FREE PARLIAMENT , consisting ( duly and properly ) of such f Members of both Houses respectively , who stand clear from such apparant and treasonable breach as is before expressed : Since which , they have in their General Councel at Putney and in their printed Papers , Voted down the House of Peers and their negative Votes , prescribed the period of this present Parliament , and a new model for the beginning , ending , Members and Priviledges of all succeeding Parliaments received and answered many publick Petitions presented to them , and voted and resolved upon the question the greatest affairs of State , as if they only were the Parliament and Superior Councel both of State and War ; voted the Sale of Bishops ▪ Deans and Chapters , and Forrest Lands for the payment of their ( supposed ) Arrears , notwithstanding the Commons Votes to the contrary after sundry large debates ; voted against the Houses sending Propositions to the King ; to prevent which , as they first traiterously seised upon his person and rescued him out of the custody of the Commissioners of both Houses at Holdenby , and ever since detained him in their power per force from the Parliament ▪ so they have lately conveyed him into the Isle of Wight , and there shut him up Prisoner without the privity and contrary to the desires of both Houses . All which unparaleld insolencies and treasonable practises , we declare to be against our Rights , Freedom and Liberties , and the Rights and Priviledges of Parliament , and of our Members there who represent us , and to his Majesties honor , and safety , in whom we have all a common interest . And we do likewise further complain and Remonstrate that the Officers and Agitators in the Army , and their confederates in the Houses , have contrary to our foresaid Rights and Liberties many ways invaded and infringed the Rights and Priviledges of the City of London , the Parliaments chiefest Strength and Magazine , and Metropolis of the whole Kingdom , which extreamly suffers in and by its sufferings , and that by altering and repealing their New Militia established by Ordinances of both Houses when ful and free , without any cause assigned , against the whole Cities desire ; in marching up twice against the City in an hostile manner , not only without , but against the Votes and Commands of both Houses ; in dividing and exempting the Militia of Westminster and Southwark from their Jurisdiction and Command ; in seising upon and throwing down their Line and Works ( raised for the Cities and both Houses securities at a vast expence ) in a disgraceful and despiteful manner ; in marching through the City with their whole Army and Train of Artillery in triumph in wresting the Tower of London out of their power , and putting it into the Armies and Generals Custody ; in removing the Cities Lieutenant of it without any reason alledged , and placing in a New one of the Armies choyce ; in committing the Lord Mayor , Recorder , Aldermen , and divers Colonel , Captains and Common Councel men and other Citizens of London ( who have shewed themselves most active and cordial for the Parliament and impeaching them of such grand Misdemeanors and Treasons , which all the City and Kingdom , and their accusers own consciences inform them they were more guilty of , without ever bringing them to a legal Tryal ; only for doing their du●ies in obeying the Parliament in their just Commands , and standing up for their just defence according to their duty and Covenant , of purpose to bring in others of their own Faction into their places to inslave the City ; and commanding two Regiments of Foot to come and quarter in the City , and levy some pretended arrears t●●●ein by open force , which many by reason of poverty for want of trade and former loans and taxes to the Parliament , are ●●●●rly unable to satisfie . And when such affronts and violence is offered to London it self by the Army , by whose contributions and loans they were first ●●●sed and have been since maintained , and that under the Parliaments Notes , who are those engaged to them for then supplies and preservation and constant affections since their first ●●tting to this present ; the Free-holders and Free-subiects in the Country and more remote Counties , must necessarily expect Free-quarter , affronts , pressures and violations of our just Rights and Liberties from them : The rather , because the Garrison Soldiers of the City of Bristol , who not long since refused to receive the Governor appointed them by both Houses of Parliament , have lately seised upon one of the wel affected Aldermen of that City as he was sitting on the Bench with his companions , and carried him away per force , refusing to enlarge , or admit any person to see or speak with him , or bring any provisions to him , til they receive some , moneths Arrears in ready money and good security for al their remaining pay , and an act of Indempnity for this their insolency and injurious action in particular , and all other offences in general , from both Houses . Of which unparaleld oppression and injustice from Soldiers , who pretend themselves the only Saints and Protectors of our Rights and Liberties , we cannot but be deeply sensible , and crave your speedy redress in our Liberties , Rights and Properties . But that which most neerly concerns us , and which we can no longer endure ▪ is this ▪ wherin we expect your present redress ; That this degenerated , disobedient and mutinous Army , contrary to the Votes and Ordinances for their disbanding and securing their Arrears in March and May last past , have traiterously and rebelliously refused to disband , and kept themselves together in a body ever since , offering such affronts and violence to the Kings own royal person , both Houses of Parliament and their Members and the City of London , as no age can paralel ; and yet have forced the Houses when they had impeached and driven away most of their Members , and marched up in a body against them and the City in a menacing , manner , not only to own them for their Army , but to pass a new Establishment of sixty thousand pounds a moneth for their future pay , to be levyed on the Kingdom ( who now expect ease from all such Taxes ) besides the Excise and all other publick payments ; which now they importune the Houses may be augmented to one hundred thousand pounds each moneth , and that they themselves may have the levying thereof : which insupportable Tax being procured by force and menaces , when the Houses were neither full nor free , against former Votes and Ordinances for the Kingdoms ease , and not consented to by most of our Knights and Burgesses then driven away by the Army , and dissenting thereto when present , and being only to maintain a mutinous and seditious Army of Sectaries , Antitrinitarians , Antiscripturists , Seekers , Expectants , Anabaptists , recruited Cavaliers , and seditious , mutinous Agitators , who have offered such insufferable violence and Indignities both to the King , ( whose person and life was indangered among them , as he and they confess ) the Parliament , City , Country , and so earnestly endeavored to subvert all Magistracy , Monarchy , Ministry , all civil , Ecclesiastical and Military Government , Parliaments , Religion , and our ancient Laws and Liberties ( as their late printed Papers evidence ) that they cannot without apparant danger to the Parliament ; King and Kingdom , be any longer continued together , being now so head-strong that their own Officers cannot rule , but complain publickly against them : And therefore we can neither in point of duty , conscience , law or prudence , subject to pay the said monethly Tax so unduly procured by their violence , were we able to do it , being contrary to our Solemn League and Covenant , for the maintenance of such a mutinous and rebellious Army , who endeavor to enslave and destroy both King Parliament , City , Kingdom , and monopolize all their power , wealth and treasure into their own Trayterous hands , which they have wel nigh effected , having gotten the Kings person , the Tower of London , all Garisons and Forces in the Kingdom by Land , and the command of the Navy by Sea , into their power , and put the City and both Houses under the Wardship of their armed guards , attending at their doors and quartering round about them , and forced the run-a-way Speakers and Members not only to enter into and subscribe the solemn Engagement to live and dye with them in this cause , but likewise to give them a ful moneths pay , by way of gratuity , for guarding them back to the Houses , where they might and ought to have continued without any danger , as the other faithful Members did , and to which they might safely have returned without the strength of the whole Army to guard them . And to add to our pressures and afflictions , this godly religious Army of disobedient Saints , who pretend only our Liberty and Freedom from Tyranny , Taxes and Oppression , demand not only this new heavy monethly Tax , and the remainder of Bishops , and all Deans and Chapters , and Forrest Lands in the Kingdom , and Corporation stocks for their Arrears ( which if cast up only during the time of their actual service til the time they were voted and ordered to disband , wil prove very smal or little , their free-quarter , exactions and receipts for the Parliament and Country being discompted ) but ( which is our forest pressure ) do violently enter into our Houses against our wils , and there lie in great multitudes many weeks and moneths together , til they quite ruine and eat out both us , our families , stocks and cattel , with their intolerable Free quarter , and that in these times of extraordinary dearth and scarcity ; for which they raise and receive of us of late twice or thrice as much as their whole pay amounts unto , devouring , like so many Locusts and Caterpillars , all our grass , hay , corn , bread , beer , fewel and provisions of all sorts , without giving us one farthing recompence , and leaving us , our wives , children , families , cattel , to starve and famish ; the very charge of their free-quarter ( besides their insufferable insolencies and abuses of all sorts ) amounting in many places to above six times , or in most places to double or treble our annual Revenues . Besides the abuses in their quartering are insufferable ; Many of them take and receive money for their quarters double or treble , their pay from two or three persons at once , and yet take Oats and other provisions from them besides , or free-quarter upon others : Some of them demand and receive free-quarter in money and provisions the double or treble the number of their Troops and Companies : Others take free-quarter for their wives , truls , boys , and those who were never listed : Others of them wil be contented with none but extraordinary diet wine , strong beer , above their abilities with whom they quarter , thereby to extort money from them ; and if an ▪ complain of these abuses , he is sure to be relieved with an addition of more , and more unruly quarterers then he had before . If they march from their quarters to any randezvouz , or to guard the Houses , they must have victuals and money too , til their return . Divers of the Troopers and Dragooners must have quarter for two or three horses a peece , which must have at least a peck of corn or more every day ( though they lye still ) both Winter and Summer ; their 7200 Horse , and 1000 Dragoons devouring above two thousand bushels of corn ( besides grass , hay and straw ) every day of the week , and this time of dearth , when the poorer sort are ready to starve for want of bread . In brief , the abuses of free quarter are innumerable , and the burthen of it intollerable , amounting to three times more then the whole Armies pay , who are doubly payd all their pretended Arrears , in the money & provisions they have received only for freequarter upon a just account ; and therfore have litle cause to be so clamorous for their pretended Arrears from the State , who have received double their Arrears of us , and yet pay us not one farthing for all our Arrears for quarters when they receive their pay . Which free quartering we do now unanimously protest against , as an high Infringement of our Hereditary Rights , Liberties , Properties and Freedom , and contrary to Magna Charta , the Petition of Right , and warranted by no express Ordinance of Parliament , now the Wars are ended , and the Army long since voted to disband , and such an excessive oppression and undoing heart-breaking vexation to us , that we neither can , nor are any longer able to undergo it . And therefore we humbly pray and desire this of both Houses of Parliament , as our unquestionable Liberty and Birth-right , of which they cannot in justice deprive us , without the highest treachery , tyranny , perjury and injustice ; that all these forementioned Grievances and unsupportable Pressures , under which we now groan and languish , may be speedily and effectually redressed without the least delay , to prevent a generall Insurrection of oppressed and discontented people , whose patience , if any longer abused , we fear , wil break out into unappeasable fury ; and by their publike votes and Remonstrances , to declare and order for our general satisfaction and ease . 1. That no Habeas Corpus shall be denyed to any free Subject , imprisoned by any Committe whatsoever , or by any Officers or Agents of Parliament : and that any such person shal be bayled and discharged by the Keepers of the Great Seal in vocation time , of the Judges in the Term , upon an Habeas Corpus ▪ if no legal cause of commitment or continuance under restraint shal be returned . 2. That every person who hath been wel-affected to the Parliament , may have free liberty to prosecute his just remedy at Law against every Member of Parliament , Committee-man , Officer or Agent imployed by the Parliament , who hath maliciously or injuriously imprisoned , beaten , sequestred , plundred or taken away his money or goods , or entered into his bounds and possessions contrary to Law , and the Ordinances of Parliament , and the power and trust committed to him , notwithstanding any priviledg , or the Ordinances , or any Orders made for their Indempnity ; which we humbly conceive , were only made to free those who acted for the Parliament from unjust suits and vexations , for acting according to their duties , and not exempt any from legal prosecutions for apparent unjust , malicious and oppressive actions and abuses of their trust and power . 3. That no wel affected person may be debarred from his just and legal actions against Malignants in Commission , or Arms against the Parliament , who have imprisoned , plundered and abused them for their adhering to the Parliament , by colour or pretext of any Articles Surrender , made by the General or any other , or by any future Act of Oblivion , so as they prosecute their Actions within the space of 3 years next ensuing ; and that the Committee of Complaint may be inhibited to stay any such proceedings , such Judgments or Executions , as prejudicial to the Parliament , and injurious to their suffering friends . 4. That all Members of either House of Parliament lately suspended , imprisoned , impeached or ejected by the Armys menaces and violence , without legall tryall may be forthwith enlarged , restored and vindicated , and both Houses and their Members righted and repayred against all such who have violated their Priviledges and Freedom , and freed from the guards and power of the Army . 5. That the Kings person may be forthwith delivered up by the Army , into the Custody and possession of both Houses under pain of high Treason , in any who shall detain him from them , that so a firm & speedy peace may be established between him and his people , for their comfort . And Cornet Joyce who first seised , and those Agitators who lately intended violence to his Royall Person and Life , may be apprehended and proceeded against . 6. That the imprisoned Aldermen and Citizens of London may be forthwith enlarged , restored and repayred ; and the repealed Ordinance for their new Militia revived ; the Tower of London put into the Citizens hands as formerly , and firm Reconciliation made between the City and both Houses . 7. That the Isle of Wight , and all Garrisons by Land , and the Navy by Sea , may be put into the command and custody of those who enjoyed them by Votes and Orders of both Houses , before the 26 of July last past , unless just exemptions can be taken to any of them by the Houses . 8. That all Votes and Ordinances formerly made and repealed only by the menaces and over-awing power of the Army may be revived , and all new Votes and Ordinances made by their threats and violence , when divers Members were driven away by their terror , repealed and made voyd ; especially that Ordinance for nulling all Proceedings in Parliament , during the Speakers wilful absence , at least five times layd aside , by Vote of the House Commons ; and forced to pass by a particular menacing Remonstrance from Sir Thomas Fairfax and the Army , and a party of a thousand Horse drawn up in Hide-Parke to over-awe the Houses , besides an armed Guard then standing at their doors . 9. That the true grounds of the Speakers and other Members deserting the Houses and repairing to the Army and their entering into an Engagement to the Army , may be fully examined ; and what Members subscribed their names thereto : and who of them that sate in the Houses , at any time , during the Speakers absence in the Army . 10. That all recruited Soldiers in the Army ▪ entertained since the taking in of Oxford , may be presently disbanded without pay , the residue reduced only to five or six thousand ; and none to be continued but such , who have taken the Solemn League and Covenant and shal be sworn to be obedient to both Houses commands . 11. That no Free-quarter shal from henceforth be taken by any Officer or Soldier in any Gentlemans , Husbandmans , Ministers , Merchants or Tradesmans House without his free consent , and pay duly for the same , under pain of death , unless in a March for one night or two upon special service , when no other quarters can be procured , but only in Inns , Alehouses , and common Victualing Houses . And that no Troopers Horses may be allowed Oats or Provender , whiles they lie stil , and are out of actual service . 12. That all Commissions for Martial Law may be revoked , and all Soldiers , for all Misdemeanors and offences punishable by Law , made and declared to be subject to the Jurisdiction and power of the Judges of Assise , Justices of Peace , and chief Officers in any County and City ; and liable to arrests and executions for their just debts , and other Actions at the common Law . 13. That the Tax for sixty thousand pound a moneth , for the Armies pay , may be wholy remitted and taken off us ; and a moderate Assessment only laid on the Kingdom for the necessary relief of Ireland , and pay of such few Soldiers as shal be necessary to continue til the wel-affected in each County be put into a posture to defend it self and the Kingdom . 14. That Lieut. General Cromwel , Commissary Ireton , and other Members of the House of Commons , residing in the Army , and the Councel of War and Agitators , who compiled and drew up the late insolent and Treasonable Remonstrances and Representations to both Houses , especially that of the fifth of this instant December , may be forthwith apprehended and impeached of High Treason , of which they are far more guilty then any Members or Citizens formerly accused or impeached by their means , out of the ruines of whose estates they desire the satisfaction of their own pretended Arrears . 15. That the General and Army , together with the Councel of War , Officers and Soldiers of the Army , may be presently sent to , and give an answer to both Houses , whether they continue together as an Army , by vertue of any Commission and Authority derived from the Houses only ; and if so , to take an Oath to be obedient to all their just Commands ; or else keep together in a body , only by their own private Engagement and Authority as a pretended cal from the people , as John Lilburn in late printed Papers affirmes they do : which , if really true , we can repute them no other , but a most riotous Assembly of Rebels and Traitors against King , Kingdom and Parliament , and their taking of free quarter on us against our wils , no better then Burglary and Felony , for which they ought to suffer death . 16. That the extraordinary dammages the Kingdom , City and Country have sustained by free quarter and loss of trade , through the Armies refusal to disband , and late recruits , contrary to the Votes of both Houses for their disbanding ( which dammages amount to above twenty times their pretended Arrears ) may be satisfied out of their Arrears as far as they wil go , to be totally struck off for that purpose , and the residue out of the estates of such Officers and others who have been the chief instruments of continuing and recruiting the Army , and free quartering them neer the City , and consequently the original causes of these damages . The rather , because it is Sir Thomas Fairfax and the Councel of the Armies own Law and Justice in their Arrogant Representation to the Houses ; Decem. 7. 1647. p. 21. where they thus declare their desires . Yet now , IN JUSTICE , we cannot but desire that , besides the levying of the ( Cities ) Arrears at last , ( for which we have been put to stay so long ) there may now likewise be SOME REPARATION thought on from the City to the parts adjacent for abeve one hundred thousand pounds damage through the ARMIES attendance here on the Cities defaults and delays ; which reparation we ( if necessitated thereunto , or called upon by the Country ) must in their behalf demand from the City to the ful ; and now also ( the rather in order to that ) we must earnestly desire , that the proceedings against those Citizens and others lately impeached , may be hastned , and out of their fines or confiscations , SOME PART OF REPARATION MAY BE MADE TO THE COUNTRIES ADJACENT FOR THE AFORES AID DAMAGES , which the crimes of those persons ( they should have said , the Rebellion and Disobedience of the Officers and Army to both Houses ) did first bring upon them , &c. And what reparation of Damages they thus prey from others , who are innocent and no causes of them , is just they should first make themselves , being the real Authors thereof , by their own confession . All which we humbly pray , as our just Rights and Liberties , in our own and the whole Kingdoms behalf , who shal , by Gods assistance , with our Lives and Fortunes resolutely maintain and defend his Majesties Person and lawful Power , the Ancient Priviledges and Freedom of Parliament , and our own unquestionable Rights , Properties and Franchises ( according to our Solemn Vow and Covenant ) against all Encroachments , Powers , and private Factions whosover , for the honor , benefit , and safety of us and our posterities , and wil no longer suffer the King , Parliament , City , Country and Kingdom to be enslaved and trambled upon by a dangerous and perfidious Combination of self-ended men , who endeavor nothing but to advance themselves by our publick ruines and confusions . FINIS . Notes, typically marginal, from the original text Notes for div A91239e-90 a So they term them . b To wit , the fug●tive Members who withdrew unto & engaged with the Army , and by their engagement are made parties & incompetent Iudges . c No , it was only for their own just defence against the Armys force & rebellious reproaches against them . * They ran away before they were driven , & might have set on the said day as wel as others without disturbance , as they did the very next morning after the tumult . d A detestable Parenthesis and horrid scandal . * This is their maintenance of the Parliaments Priviledges & freedom , & the Liberty of Conscience the Army contends for . e This disables all your fugitive Members . f Those who treacherously fled to you , brought you up against the City , and signed your Engagement , are no such Members , but ingaged Parties .