To the right honorable the Lords assembled in Parliament the humble petition of Sir John Gayer knight and alderman of London; sheweth, ... Gayer, John, Sir, d. 1649. This text is an enriched version of the TCP digital transcription A85874 of text R210739 in the English Short Title Catalog (Thomason 669.f.12[7]). 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. 4 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A85874 Wing G405 Thomason 669.f.12[7] ESTC R210739 99869500 99869500 162800 2240932074

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. A85874) Transcribed from: (Early English Books Online ; image set 162800) Images scanned from microfilm: (Thomason Tracts ; 246:669f12[7]) To the right honorable the Lords assembled in Parliament the humble petition of Sir John Gayer knight and alderman of London; sheweth, ... Gayer, John, Sir, d. 1649. 1 sheet ([1] p.) s.n., [London : 1648] Imprint from Wing. Title from caption and first word of text. Annotation on Thomason copy: "Aprill 19th. 1648 presented to ye Lords by himselfe but refused". Reproduction of the original in the British Library. eng Detention of persons -- England -- Early works to 1800. Due process of law -- Great Britain -- Early works to 1800. Great Britain -- History -- Civil War, 1642-1649 -- Early works to 1800. Great Britain -- Politics and government -- 1642-1649 -- Early works to 1800. A85874 R210739 (Thomason 669.f.12[7]). civilwar no To the right honorable the Lords assembled in Parliament: the humble petition of Sir John Gayer knight and alderman of London; sheweth, ... Gayer, John, Sir 1648 1 583 0 0 0 0 0 0 0 A This text has no known defects that were recorded as gap elements at the time of transcription. 2007-09 Assigned for keying and markup 2007-11 Keyed and coded from ProQuest page images 2007-12 Sampled and proofread 2007-12 Text and markup reviewed and edited 2008-02 Batch review (QC) and XML conversion
TO The right honorable the Lords Assembled in PARLIAMENT : The humble Petition of Sir John Gayer Knight and Alderman of London ; SHEWETH ,

THat by the 29 Chapter of the great Charter , all Commoners are to be tryed by their equals ; and there are 30 Sessions of Parliament which confirm the great Charter , being a Statute declaratory of the Common Law ; especially those eminent Laws , wherein your Lordships had your shares in making of them , viz. the Petition of Right in the 3ᵒ Caroli , and the Act for abolishing the Star-Chamber , and regulating the Councel Table , in the 17. Caroli , in which many Statutes are enumerated , That Commoners ought to be tryed by their equals , by Bill of Indictment or writ original , and by those of their neighbourhood ; And all Decrees and Judgments made contrary thereunto , are declared thereby to be null and void in Law , which bars al Presidents : And by several Declarations and Ordinances your Lordships have declared , that Ordinances are no Laws , but temporary , during the Wars ; and the cause of necessity being taken away , your Lordships have promised the free people of England , that they shall be governed according to the known Laws of the Land , as it appears in the Ordinance dated the 15 of January , 1647. And it is against the Law of God , Nature and Nations , that any person or persons should be Judg or Judges , Examiner or Examiners in their own cause , or to be tryed any otherwise then by a known Law , for where there is no Law there is no transgression . It is declared by Sir Edward Cook that the Parliament cannot make a Law against the Law of Nature , which is custom according to Right and necessary Reason . That Presidents are nothing in comparison of the Common , and Statute Laws , being known Maximes in Law , A facto ad jus non valet Argumentum ; Gubernandum est legibus non exemplis : Articles are nothing in Law but meer Innovations and Prerogative extrajudicials , especially when ordinary persons are in question . The old maxime in Law is , Non recurrendum est ad extraordinaria quando fieri potest per ordinaria . And your Lordships are not only sworn , but have joyned by your legislative power to impose several oaths upon the free Commoners of England , to defend the fundamentall Laws of the Land . And I am confident your Lordships will be very tender of the preservation of the great Charter , in which is wrapped up our lives , liberties and estates . Your noble Predecessors being so glorious and famous Instruments in assisting the PEOPLE , in purchasing the same .

The Premises considered ;

Your Petitioner being a free Commoner of England , according to the known Laws of the Land ( de Jure ) claims his birth-right , which is to be tryed by God and his Country , in His Majesties Court of Iustice , by the sworn Iudges of the Law , and a Iury of his equals of his own neighbourhood , where the pretended fact was done , the Courts of Iustice being open .

And your Petitioner shall pray , &c. Aprill 19th . 1648 presented to the Lords by him selfe but Refused —