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A88239 The prisoners mournfull cry, against the Iudges of the Kings Bench. Or an epistle writ by lieut. col. John Lilburne, prisoner in the tower of London, unto Mr. Iustice Roll : declaring the illegall dealing of himself, and Mr. Justice Bacon with him, in reference to his habeas corpus. Vnto which is annexed his two petitions to the said Iudges, and the petitions of Mr. William Thompson, and Mr. Woodward &c. in which are contained a lash for Mr. Oliver Cromwell and other his spaniolised creatures. With divers other remarkable things worth publique view. Lilburne, John, 1614?-1657. 1648 (1648) Wing L2164; Thomason E441_17; ESTC R204903 11,084 8

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good Cheere and yet by this Parliament he had 5000 l. voted him for his said sufferings and so had Mr Seldon and all the rest of his fellow sufferers some of them it is said have already received all their money not withstanding the peaceable possession of their great estates in the begining of his raign Yet notwithstanding this and all other earnest endeavours your Petitioner hath with unwearied industry used to bring himself to the Bar of Iustice there to receive but so much favour as every Traytor Murderer or Rogue ought to enioy viz the benefit of the Law professing unto you that is all the Favour Mercy Pitty and Compassion he craves at the hands of all the Adversaries he hath in the World chusing rather to expose himselfe to any death in the World then to a languishing tormenting death in a murthering Goale which your Petitioner cannot but feare is the determined resolution of his bloody and cruell adversaries in that Col. Robert Tichburne the present Goaler of the Tower refuseth to returne the Body and cause of your Petitioner before your Honours according to the legall command of the said Writ of Habeas Corpus Now forasmuch as your Petitioner doth aver and offers upon his life to mak it good by Law that although your Petitioner be committed by two pretended Warrants yet the Courts that made them have not the least shadow or colour in law to commit your Petitioner being they are not nor never were intrusted by law either divided or conioyned to by the executors of it † See the 29. ch of Magna Charta and the exp●sition upon it in the 2. part ininstituts fol 46. c. and the Petition of Right 3. C.R. and the act that abolished the Star-chamber the 17. C R. and the 5. R. 2 Rot. Parl. num 45. and 1. H. 4. num 79 and 5. H. 4. chap. 6. 8. H. 6 ch 7. and 11. H. 6. chap. 11. 23. H. 6. ch 11. 15. and 4. H. 8. ch 8. and 1 and 2 P. and M. ch 10. and 4. part insti fol. 25. 1. par decl p. 48. 2. 278. and though they had a legal jurisdiction in Law to commit your Petitioner which they have not yet by both their warrants ther is no legal crime at all expressed wherefore they commit your Petitioner generall charges in Law being no charges nor crimes * 2 par insti fo 52. 53 315. 318 591. 615. 616. and 4 pert fo 39. 1. part book dec pag. 38. 77. ●01 845. and the votes upon the impeachment of the 11 memb the petition of Right the 3. C. R and the act that abolished the Star-chamber 17. C. R. printed in my book called the peoples prerogative page 22. 23. 24. 25. 26. and therefore there is no colour in Law for his imprisonment or detention Wherefore your Petitioner most humbly prayeth a second Writ with a strict and severe penalty in it according to Law to command his body and cause before you and that according to the duty of your places you forthwith grant it to your Petitioner without any further motion of Counsell it being as legall for your Petitioner to move for it by his Petition or by any friend he shall depute and appoint as by a Councellor And he shall pray c. John Lilburne Aprill 25. 1648. The forementioned Petitions of Mr. Woodward and Mr. Thompson c. thus followeth To the Honourable the Iudges of the Kings Bench. The Humble Petition of Richard Woodward and Mary Collens prisoner in the White Lyon Southwarke Sheweth THat your Petitioners are freeborne people of the English Nation and are thereby intailed and intituled to the benefit of all the Lawes of England which by your oaths a you are sworn indifferently and equally without feare or partiallity to administer Gratis to all persons rich and poore without having regard to any person notwithstanding any command whatsoever to the contrary though signified under the great Seale or the little Seale or any otherwise yet it shall not delay nor disturb common right nor you cease to doe it in any point b according to the Law of the Land Now for as much as a Habeas Corpus is part of the Law of England and ought not by Law to be denyed to any man whatsoever that demands it c it being your Petitioners Birthright and inheritance who are now detained in hard durance contrary to Law and Iustice without baile or Mainprise d 1. part inst lib. 3. ch 7. Sect. 439 fo 260. 2. part inst fo 42 43. 53. 54. 115. 3. Ed. 1. ch 25. See Sir Ed. Cooks exposition upon it 2. part inst fo 186 189 190 315. see also 1 and 2. P. and M. chap. 13. though it hath often been proferred to those c. that causlesly committed your petitioners to prison where they violently and illegally keep them without bringing of them the last Assizes to a tryall at Law as by Law they ought to have done Therefore your petitioners humbly pray according to their right and your Oaths the benefit of a Habeas Corpus and that they may have it Gratis according to the Law of England and your Oaths to bring their bodies and causes before you in open Court there to receive your award and judgement according to the declared Lawes of England And your Petitioners shall pray c. Richard Woodward Mary Collens 18. April 1648. To the Honourable the Iudges of the Kings Bench. The humble Petition of William Thompson a free Commoner of England and no Soldier SHEWETH THat the lawes of England are your petitioners inheritance (a) 2. part institutes fol. 56. 63. 97 526. and 4. part insti fo 41. and birthright by vertue of his being an Englishman by which inheritance he hath this priviledge that he shall not be restrained of his liberty imprisoned past upon or condemned but by the declared lawes of England (b) see the Petition of Right made in the 3. C. R. confirmed this Parliament in every particular by the act that abolisheth ship money see also the act that abolished the Star-Chamber 17. C. R. and 2. part insti fo 46. 47. 50. viz by a sworn Iudge of the law in the ordinary Courts of justice and by a grand jury and a petty jury of 24 legell men of his equals and of the neighbour-hood where the crime is pretended to be committed who are Iudges of matter of (c) See 1. part insti lib. 2. chap. 11. sect 193. fol. 135 and chap. 12. sect 134. fo 155. 157. and 13. Ed. 1. ch 38. and 28. Ed. 1. ch 9. and 34. Ed. 3. ch 4. and 42. Ed. 3. ch 11. fact they are the very words of the Petition of Right yet notwithstanding may it please you honours so it is that in Feb. last your Petitioner was without any the least shadow or colour in law taken without any warrant in writing by the power of armed Soldiers and carried