An excellent letter written by a Priſoner, to a worthy Member of the Houſe of Commons, to give further evidence to the premiſes.

IN the beginning of theſe troubles, I ſuffered a hard impriſonment un­der the Commiſſioners of Array (halfe a yeare) for refuſing to ſubmit to their uſurped authority, afterwards for the ſame I was driven in Exile, and my means all that time poſſeſſed by them, and ſo I lived as a baniſhed man from my Country for two yeares, untill the Reduce­ment thereof to the obedience of Parliament. I was ſent hither to give in a charge againſt ſome with us, whom the Parliament had declared Traytors, yet againe put into the higheſt places of truſt and command in our Coun­try by Mr. B. contrary to his oath and truſt, upon the Houſes receiving our charge, I expected that Mr. B. and others complained of, ſhould have put in their anſwers, but in ſtead thereof, I was put to anſwer Inter­rogatories againſt my ſelfe, tending to the betraying the truſt repoſed in me. To which interrogatories, I deſired time to adviſe to anſwer, there••on I was committed by the Houſe of Commons unheard, nor never ſo much as called to their bar, (a thing which the Heathen Romans abhorred to doe) upon the bare (though falſe) report of Mr. L. made to the houſe, viz. That I contemptiouſly refuſed to anſwer, it never being my intenti­on to doe any thing in contempt of the Houſe. Here I have laine nine months to my ruine, and the ruine of my wife and children, whilſt the common enemies of the Kingdome (of whom we complaine) are conti­nued in their authorities, contrary to law, you have by the Act made for the aboliſhing of the Star Chamber, confirmed Magna Charta and the Pe­tition of Right, and amonſt others the 4. chap. of the Statute of the 34. of Ed. 1. By which Statute it is granted, That all men of this Kingdome ſhall have their Lawes, Liberties, and Free cuſtomes, as they have uſed the ſame, when they had them at the beſt. And if any Statutes have been made or cuſtome brought in to the contrary thereof, the ſame to be void and fru­ſtrats for evermore. And that this cuſtome of committing men to priſon, for refuſing to anſwer Interrogatories this way, is contrary to Law, and the liberty we have of old enjoyed, is cleer and manifeſt.

Sir you know that by Magna Charta, chap. the 29. No man is to be im­priſoned but by the judgement of his Peeres and Equalls, or by the law of the Land, which is expounded by the Statute of the 25. of Ed. 3. chap. 4. To be by indictment or greſe••ment of good and lawfull men (not of in­famous perſons) or by writ originall of the Common Law. And no man may be put to anſwer, without preſentment before Iuſtices, or matter of Record, according to the old Law of England, See the 28. of Ed. 3. chap. 3. and the 37. of Ed. 3. chap. 18. Touching long impriſonment, as it is moſt unjuſtly and wickedly practiſed at this day. The Law hath ever held the ſame ſo odious; that it hath provided, if the priſoner be not ſpeedily and timely brought to his tryall or freed, he may have gratis, (without any fee) without delay or denyall, the Writ De Odio et Atia, for bayling him out of priſon, though convict of murther, Magna Charta chap. 26.

But alas we have but the ſhaddow of it, we by the ſubtilty of Lawyers, are only free men in name, the Engliſh mans freedome is now become worſe then the Turkiſh ſlavery, how many of us lye and languiſh in your murthering priſons•to the provoking of the God of Iuſtice unto wrath againſt you) & our wives & children thereby expoſed to all want & miſery; whoſe loud cries and teares (doubtleſſe) will draw downe vengeance from the juſt hand of Heaven upon you (if not ſpeedily prevented by admini­ſtration of juſtice.) Wee have often with all earneſtneſſe, petitioned and ſolicited for liberty, yet can〈◊〉not ſince the firſt Seſſion of this Parliament get one Ordinance paſſed for it, whereas Traytors and Murtherers of their brethren can have (ſince the ſurrender of Oxford) many ſcore of Ordinan­ces psſſed for their liberty, peace and welfare.

The juſt God of Heaven and Earth be judge between you and us (that are not freed) yea many of us are ſtill impriſoned without any legall charge brought againſt us yet can we have no benefit of theſe lawes, which are not denyed to theſe enemies, murtherers and deſtroyers of their native Countrey. O where〈◊〉juſtice•t May not thoſe royall: Plunderers〈◊〉well juſtifie all their Robberies and Depredations, as either our Houſe of Commons, or the Houſe of peers theſe kinds of Impriſonments, and com­mitments: Nay, is it not the greateſt injuſtice, when done under the colour of Juſtice? Sir I aſſure you, it were leſſe grievious unto us to dye at once, then thus to be inſlaved and famiſhed in your cruell Priſon houſes, where〈…〉to all miſery, contempt, obliquie and〈◊〉of the worſt of men and thereby the hearts of our wives and aged Parents are broken with ſorrow and griefe. Sir, be pleaſed alſo to conſider, how by theſe and the like doings, the affections of many thouſands of the people is eſtranged from you, who have formerly adventured all to••hol dyon in your autho­•…And if this courſe be continued, we ſhall not,〈◊〉not thinke〈1 line〉〈◊〉ſay leſſe, then that the Parliament (and not the Prerogative) makes us a bondage and miſerable people. And ſome already doe not ſpare to ſay that the Parliament is now become the burthen of the Kingdome: If you in­tend to inſlave us ſtill, deale plainly with us and let us know it. You were intruſted by the people for their good, and not for the continuation of their Thraldome. We have not been failing on our parts, and by the bleſ­ſing of God, have ſo far brought the common enemy of the Kingdome un­der your power, that there is none that dare to ſtand up againſt you, but ſome few in houlds, ſo as there is now no let nor other excuſe left, why the courſe of juſtice in a free currant ſhould be any longer obſtructed and hindered. The recovery whereof was the very end and cauſe of all our fightings. Let us then have juſtice, which without ſhewing your ſelves to be moſt unjuſt men, you cannot any longer deny unto us. Let not Man­cheſter, B. and ſome other Achans amongſt you, be denyed juſtice, If they be wrongfully accuſed, they ought to be vindicated, if they be guilty of the accuſations againſt them, you cannot be guiltleſſe in not doing ju­ſtice upon them, let neither their wealth, nor honour, nor their eminent places, ſerve them for a covering, or be any Sanctuary unto them, God is no reſpecter of perſons in judgement) and are not you placed here betwixt God and us, to doe juſtice. But if you have reſpect of perſons, you diſho­nour God, commit ſin, and ſtand convinced as tranſgreſſours of the Law. James 2.9. The Lord alſo farther ſaith, That yee ſhall doe no unrighte­ouſneſſe in judgement. Thou ſhalt not reſpect the Perſon of the poore, nor honour the Perſon of the mighty, but in righteouſneſſe ſhalt thou judge thy neighbour, Levit. 19 15. For whoſoever they be that pervert juſtice and judgement, are accurſed of God, ſee Deut. 27.19.

If therefore you would be accompted, and numbred amongſt the Sonnes of wiſedome, and not amongſt thoſe that are under this courſe, doe juſtice freely, ſpeedily and impartially, let it never be ſaid of our higheſt court of Judicatory, as was ſome times of Romes Senate Dat venia•, corvis vexat cenſura columbos. Why ſhould your friends periſh in your abominable Gaoles, (Hells Soule deſtroying houſes) whiles that yours, and the king­domes profeſſed Enemies, the capitall tranſgreſſors of the Lawes are ſuffe­red freely to walke London ſtreets, to injoy their liberties with their ill gotten wealth, and to be ſo much honoured and truſted, as to ſit and vote amongſt you in you Councell, as Thorp the Lawyer doth, who endeavou­red, councelled, & by threatnings atrempted to have had Hull delivered up to the King, which when he could not effect, neither by threats nor by trea­cherie, he then cauſed Sir Iohn Hotham to be proclaimed Traytor by two Heraulds at armes, for keeping the towne for the Parliament and King­domes uſe Oh the miſery of theſe times!

Behold, the whole Kingdome cryes aloud for Juſtice, the ſpoyled for re­parations, and we your poore inſlaved Priſoners illegally committed, and uniuſtly detained in your ſeverall priſons, (Groaning under this Egyptian Servitude do cry out for iuſtice and their iuſt liberty and inlargement, accor­ding to law and iuſtice.

Wherfore noble Sir, if by your meanes and mediation, we (after ſo long ex­pectation and delay) may obtaine theſe our iuſt deſires, millions and mul­titudes will have cauſe to bleſſe God for you and eternize your name to all poſteritie, as one of the chief means, of reſtoring our antient Birth-right & liberty, of which number (though the leaſt and unworthieſt) he is and will be one, neither unthankefull nor forgetfull of ſo noble a favour for the generall, nor of what ſhall be moſt freely and nobly accompliſhed by you for the gaining of his liberty in particular who is a free man in bonds, &c.

28. of the 17: Month.