made, forcing him to forsake this City, and retire to his Country,
but with no intention of malice to the State.
Which Premisses considered, Your Petitioner humbly prays mitigation of
the said sentence passed, it being in your Excellencies power, and the Councel
of War, as well to pardon as condemn, Justice being already shewn in the
Sentence, Pardoning being an act of Grace and Mercy, which Your Petitioner
hopes to obtain for her Husband, through your clemency, though through no
merit of his, but even for his sake who pardons the greatest Offences on true
Repentance; Your Petitioner being not only heartily sorry, but doth faithfully
promise on his Pardon that her Husband shall never act any thing to the prejudice
of the State, but shall serve them really, if ever they shall hereafter
employ him; Such acts of Mercy making your Excellency and Army as much
renowned, beloved, and feared, as their greatest Victories.
And Your Petitioner and her eight small children (as in duty bound) shal ever
pray for a blessing upon all your Actions.
Anne Laugburn.
Thursday, April 19.
A Petition was presented to the House of Commons, stiled, The humble Petition
of divers wel-affected persons of the Cities of London and Westminster,
&c. in behalf of Lieut.Col. John Lilburn, Mc William Walwin, Mr Thomas
Prince, and Mr Richard Overton, now Prisoners in the Tower.
1. That if after mature consideration, you shall judge them worthy of further
prosecution (as for our parts we verily beleeve there is no cause) we earnestly intreat,
that you will make first strict inquiry into the cause of that terror and force
of Souldiers used towards them, contrary to Law; repair their credit, give them
the benefit of Law against whomsoever shall appear to have been authors or
actors therein, and enlarge them from their present imprisonment in the
Tower.
2. And then, if any person have whereof to accuse them, that they be proceeded
against (as by Law they ought) by Warrants from a Justice of the Peace of
the Neighborhood, where the fact in question was pretended to be committed
not granted without Oath made of a crime against some Law in being before the
the fact, and to be served by Constables, not Souldiers, and that upon appearance
of the accusers and accused face to face (as by Law is due) and if the fact be baylable,
then to be allowed bayl, if not, to be secured in that legal Prison appointed
for that place & fact, until the next Sessions (not in a Prerogative Prison as the
Tower is) and then in an ordinary way (exempt from all such pre-occupations
and fore-judgings) to have the benefit of a Tryal by a Jury of 12 sworn men of
the Neighborhood, (not over-awed by Souldiers, nor disturbed by policy or sophistry;)
A Tryal which we conceive cannot in Justice, in any circumstance,
be denyed to the worst of Theeves, Murtherers and Traytors; and which was
our real Intentions in our late Petition presented to you concerning them. And
we are confident our Friends upon such a Tryal, will prove themselves to be no
Such persons, but faithful friends to their Countries Liberties.
3. We also intreat, that for the future no person may be censured, condemned
or molested, concerning life, limbe, liberty or estate, but for the breach of some
Law first made and published, and that this Honorable House would be a Pattern
to all future Parliaments, in leaving the Tryal of all such causes to subordinate
Magistrates, and ordinary proper Courts of Justice.