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A88240 The prisoners plea for a habeas corpus, or an epistle writ by L.C. Joh. Lilburne prerogative prisoner in the Tower of London the 4. of Aprill, to the Honourable Mr. W. Lenthall Speaker of the House of Commons. In which is fully proved, that the judges are bound by law and their oaths to grant a habeas corpus to any prisoner ... and to deny it ... is to forsweare themselves, for which they may be in law indicted for perjury, and upon conviction, are for ever to be discharged of their office, service and councell. In which is also declared the usurpation of Mr. Oliver Crumwell, who hath forcibly usurped unto himselfe the office of L.G. in the Army, for almost 12. moneths together, and thereby hath robbed the kingdome of its treasure, under pretence of pay, which he hath no right nnto [sic], and by the power of the said office hath tyrannized over the lives, liberties, and estates of the freemen of England ... all which John Lilburne will venture his life according to the law of the land to make good, unto which he hath annexed his epistle which he writ to the prentices of London the 10th of May 1639 ... Lilburne, John, 1614?-1657. 1648 (1648) Wing L2165; Thomason E434_19; ESTC R202789 26,710 17

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common Gaole of the Fleete laid me in Irons upon both my armes and legs night and day all wihch was done unto me by the bloody and wicked decree of mercilesse and barbarous Sir Henry Vaine Senior and the Earle of Salsbury Lord Chiefe Iustice Bramston c. at which time J sent Canterbury and the rest of h●s bloody brethren word that for all that they had caused to be done unto me or could farther doe unto me I was not in the least afraid of them for J neither feared an Axe at Tower Hill nor a Stake in Smithfield nor a Halter at Tyburnt nor whipping at a Carts arsse nor a Pillorie in the Palace yard nor gagging nor cutting of eares and nose nor burning in the fore-head and cheeks nor yet banishment with Iohn to P●thmos For I verily believe if you should send me thither I shall there find Christ which by his spirit will unfold the revelation unto me and then I would write it and send it abroad into the world which would vex you as il as Sampson did the Philistims and prove as fatall to your decaying tottering spirituall Babilonian Anti-Christian Kingdome as his Foxes with fire brands at their tayles were to the Philistims Corne. And therefore as you loue your almost ruinated Kingdome looke to it and know that the faster you kick the harder J will sp●r you and the more you fling the closer I will stick and cleave fast unto you for you are plants which I groundedly know the Lord never planted and therefore undoubtedly he will pluck you 〈◊〉 Mat. 15.13 And therefore by the might power and strength of my God Psal 118.14 Esay 12.2 who is the worker of all my workes in me and for me Esay 26 12. I am resolved come life ●●e death seeing you by force have called me to it to shew my self valiant for the truth of God Jer. 9.3 which message Mr. Speaker you may read in the 34. pag of my book called Come out of at my people printed at Amsterdam 1639. And truly Mr. Speaker if you compell and force me to such a course J shall deale ingeniously with you and acquaint you before hand with my epistle J writ to the Apprentices of London upon the 10 of May 1639. the copy of which I shall hereunto annex the effects of which was like to have saved Derick the Hang man a labour in reference to the Bishop of Canterbury the like of which in reference to you and Cromwell c. I shall not feare to write againe and set my credit upon the tenter hooks if it be possible to get money to print enough to send all over England let the issue be what it will I can but dye and say I better any way then to be murdered and fami●●ed by you in a bole and a corner in silence But I am confident I shall fix such a charge upon Cromwell c. as shall clearly make them apparent to be the arrantest Iuglers Dissemblers Hypocrites Apostates and Lyars that ever breathed in the world that professed honesty a Which is already prittie well done in those two books called Putney Proiects and Westminster proiects and sincerity yea to be tyrannicall monsters in comparison of Strafford and Canterbury who were esteemed bail enough in their generation For though the Earle of Strafford caused to be condemned the Lord Mount Norris a Member of the Irish Army by Marshall Law over which Army the Earle was Generall by lawfull Commission which act of his notwithstanding was obiected against by your house as an act of treason in subverting the law which act was strongly pressed upon him as a most hainous crime by Mr. Glyn Recorder of London and a member of your hous● being assigned so to doe by you to which he made a more notable defence for himself by a thousand degrees then J am confident Cromwell is able to make to justifie his Martiall Law actions whose defence you may partly read in a printed relation thereof printed 1647 pag 11 12 13. Yet though he were esteemed very bad in his generation he never had so much impudence to ●ed●le with or endeavour to condemne to death a meer Commoner as Mr. Cromwell hath done in the case of William Thompson a meer Commoner as he hath fully proved himself to be in his ●●●e and impartiall printed relation dated from White Hall the 12. March 1647. whom upon the 16 Fol. 1647. he took from the House of Commons doore and most illegally by word of mouth and force of Armes committed prisoner to his Mercinary Iunisaries at Whitehall where to the ut●er levelling subverting of Magna Charta and the Petition of Right c. he hath passed upon him a sentence by Marshall Law to be shot to death and your House who should be the preservators and conservators of the lawes and liberties of England take no notice of the poore mans dying condition to redeeem him as you ought in duty and conscience to doe out of the clutches of that grand Vsurper and Tyrant Cromwell and to punish him c. severely therefore but by your silence you rather seem to justifie that murdering and tyrannicall action yea and so carrie you ●●●ves in it as though you were resolved without check or comptroule to give him leave to murder and destroy all the honest men in England at his will and pleasure that he beares a malic● to the full discovery of the evill consequence of which single president of Thompson will be worth the Kingdome knowledge which in due time to your eternall shame amongst men it may be the may enioy which is may be may in time bring Cromwell for all his arbitrarie proceedings again and subvertion of the fundamentall law of the land to the punishment of Empson and Dudley Privie Consellours to Henry 7. who yet had an Act of Parliament to authorise their proceedings of whom and their arraignments and ends you may read in the 2 part institutes fo 51. and 3 part fo 208. and 4 part fo 41 196 197 198. and in Iohn Speeds Cronicles fol 978 983. But Sir before J totally conclude I cannot but acquaint you what a lving desperate and malicious design Cromwell some moneths agoe had to destroy me and take away my life who by his mercenary Emisaries Paul Heison and Lievt Col. H. L. groundlesly raised a repor● all over the Army that I had told the foresaid Lievt Col. that some of the late Agents had a design or intention to murder and kill the King which was and is the most notoriousest and fals●lye in the world for I doe protest before men and Angels I never said any such thing in all 〈◊〉 life to any man breathing nor never was so told from any of the Agents or any of their friends and I will iustifie what I now say with my life against any man breathing that shall have so much basenesse and impudency to affirme the contrary against me viz. that ever be
consideration in Easter Tearme followin● with one unanimous consent that if the party imprisonned be in Law not bailable yet we oug●● say they upon complaint to send the Kings Writ of a Habeas Corpus for the body and t●● cause And if in the returne no cause nor no sufficient cause appeare then we doe as we ough● set him at liberty otherwise upon removing the body the matter appeare to be of Eccelsiasticall cognizance then we remit him againe and this we ought to doe in both cases say they And in the 22 Article the Clergy complains that some of the temporall Iudges are grown to such an innovating humor upon their jurisdiction given them by Law that they have delive●ed certaine lewd persons fined and imprisoned by them for greivous crimes to the● treading th● Kings supreame Ecclesiasticall authority under their feet unto which the Iudges answer W● doe not neither will we in any wise impunge the Ecclesiasticall authority In any that pe●taines unto it but if any by the Ecclesiasticall authority commit any man to prison upo● complaint unto u● that he is imprisoned without just cause and if they will not certifie unto us 〈◊〉 the particular cause but generally without expresing any particular cause whereby he it ma● appeare unto us to be a matter of Ecclesiasticall cognizance and his imprisonment just 〈◊〉 we doe and ought to deliver him and this is their fault and not ours and although some 〈◊〉 us have dealt with them to make some such particular Certificate to us whereby we may be able to Iudge upon it as by Law they ought to doe yet they will by no meanes doe it and there●●re their error is the cause of this and no fault in us for if we see not a just cause of the parties imprisonment by them then we ought and are bound by Oath to deliver him And they ●ll conclude that the Iudges doing what they ought and by their Oaths are bound to doe they ●●e not nor ought no to be questioned therefore ●nd that a Habeas Corpus is not by law to be denied to any prisonner whatsoever his crime be ●y whomsoever committed I further make appeare thus First a man in execution for debt is by the Law of the Land not bailable and yet a Habeas Corpus cannot nor ought to be denied h 2 H. 5 ch 2 and 11 H. 6. chap. 10. to him Secondly a man excommunicated is not baileable by Law and as Law a Habeas Corpus cannot nor ought not to be denied to ●● i 2 part insti fol. 614 615 616. such and soe for all offences whatsoever And among o●● remedies against unjust imprisonment the Law of the Land 〈◊〉 this remedy amongst many others as the Writ de homine pag●●●do and the Writ de odia ●t atia and the Writ ponendo ●●idlium and the Writ of false imprisonment and an action of ● k See 2 part insti fol. 42 43 53 55. 187. case upon a false returne made upon such a Habeas Corpus Thirdly It is against the Iudges Oath to deny it in which Oath he sweares to do equall Law 〈◊〉 execution of right to all people rich or poore without having regard to any person and that ●●y deny to no man common right by the Kings letters nor none other mans nor for no other ●●se and in case any letters come to you contrary to the Law that ye doe nothing by such letters notifie the King thereof and proceed to execute the law not ●standing the l See his Oath at large printed in Pultons coll of statuts fol. 154. and my late booke called the peoples prerogative pag. 10. letters But a Habeas Corpus is part of the Law of the Land which 〈◊〉 Iudges ought to grant to all men that demand them by whom over committed although their crimes be unbaileable There●●re the Iudges denying of it to any man whatsoever that craves against their Oath by doing of which they forsweare them●●lves and so are liable to be indicted for perjured persons upon conviction of which they for ever 〈◊〉 their places and are for ever to he uncapable to be Counsellers c. as appeares by an act of ●arliament of the 11 H. Rot Parl. no 28 m. not printed in the statute booke but is printed in the 3 〈◊〉 instituts fol. 224 22. Fourthly To deny a Habeas Corpus is against Magna m bide 2 part insti fol. 53. 55. ●●●arta and the Petition of Right made in the third of the King ●●d the act that abolished n both which you may read in the people perrogative page 1 2 3 23 24 25. the Starre-Chamber made in the 〈◊〉 of the King yea against your own declarations as appeares part dec pag 6 8. Fifth To deny it is to rob the people of their declared and un●●●ed birthright viz. the Law of the o 1 part bo● dec page 7.38 39 77 201 278 459 650. 660 845. Land and so to deny all the ends wherefore we fought in the late Warr● against 〈◊〉 King which was principally to preserve our Laws and liber●● Sixtly To deny it is to contemne the declared authority of Parliament who in all their 〈◊〉 Protestations Vows Covenants and Declarations have sworne Vowed promised and ●●lared they will maintaine unto the people their Laws and Liberties and againe and ●●i●e imprecated the wrath and vengeance of Heaven to fall upon them when they doe ●i p See and compare together 1 part bo decl p 17. 18 214 264 266 267 340. 462 464. 466. 473 588 666 673 690. 750. not solemnly declaring they have no aimes at themselves but wholly at the publique But Habeas Corpus is an essentiall part of their Laws and liberti●● And therefore to deny it is to contemne the Parliaments auth●rity And for then to suffer it is to render them a company forsworne men and so never fit hereafter to be trusted But if it shall be objected that if you should maintaine the la●● you could not now or in your by past straights preserve yo●●selves and the Kingdome against the King To which I answer there is a great disproportion in reaso● and so adjudged by your selves q 1 part bo●● decl 205 266 276 687 690 700. betwixt that Law whic● concernes a single person the King who had so much caused the Laws to be broken as in yo● first Remonstrance you declared before this Parliament as he did and his prorogative and b●twixt that law that concernes millions of people that never had a hand in being guilty in a● such thing viz. all that are or hereafter shall be in the Kingdome And besides though the people in assisting you against the King suffered you in the time open and denounced warre to doe and did themselves many things that were not consonant to th● strickt letter of the Law of England walking then in that great extremity by that rule of rig●● reason that vniversall