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Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	body_n	part_n	see_v	1,999	5	3.5664	3	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

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 Iudges are bound by Law and their Oaths to grant a Habeas Corpus to any prisoner whatsoever that craves it by whomsoever committed and to deny it whosoever commands the contrary 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 unto and by the power of the said Office hath tyrannized over the lives Liberties and estates of the freemen of England in a higher manner then ever Straford or Canterbury did 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 when he was like to be murdered in the Fleet by the Bishops as now he is like to be murdered in the Tower by Crumwell and his tirannicall fellow Grandees Mr. Speaker IT is the saying of the Spirit of God That a righteous man regardeth the life of his Be●st but the tender mercies of the wicked as cruelty Prov. 12.10 And if a righteous man regardeth the late of his beast much more of a man that did or doth him service but he that to such a one rewardeth evill for good declares to the purpose that his tender mercies is cruelty indeed but whether your dealings in particular and the dealings of your House in generall have been so un●o 〈◊〉 yea or no I will not now determine but at present leave it to the consciences of you and them 〈◊〉 you have any left to Iudge But Sir give me leave to put you in minde that I have contrary to all Law and Iustice been 〈◊〉 almost two yeers a prisoner in the Tower of London committed originally by those viz the ●●use of Lords that at your Bar the 19. Ian. last I averred and in 〈◊〉 good measure proved a As you may read in my late printed speech called a Whip for the present house of Lords pag. 14 15 16 17. and which is absolutly and fully proved by Mr. Lionel Harb●n in his plea the 17. present for the imprisoned Aldermen of London c. pag 11 15 16 17 by Law had no more power to com●● then so many Turks or Tart●rs hath But that day I was by Vot● of your House a new committed to prison who if you please believe the learned opinion of your brother Lawyers Mr. Wil●●a● Prin declared in his late plea for the Lords jurisdiction o●●● Commoners your House in Law hath not so much power to 〈…〉 me as the Lords hath and they none at all But howsoever whether they have or have not I ought by 〈◊〉 when I am committed by whomsoever to be brought to a speedy triall as is excellently well proved and illustrated by Sir Edward Cooke in this exposition the 29 Chap of Magna Charta b in the 2 part instit fol. 42 43 also fol. 186 189 515 and 1 part instit lib 3 chap 7. Sect. 438 fol 260. the oppressed mans oppressions declared pa 1.3 4 a Whip for the Lords pag 2 25. Th● Law of England i● extreame tender and favourable of a mans freedome ●nd 〈◊〉 And therefore it hath appointed officers and ministers to del●● the Goale three times a yeere or oftner c 4 E. 3. chap 2 prined in the peoples prerogative pag 6. if need be because in eye of the Law the prison is a bad or a hard mant●on or dwellin● And besides that all men committed for any trespasse whatso●v●● for which he is not to lose life or member shall be d See 3 Ed. 1.15 printed in tho peoples P. pag. 6. ba●●ed Goale by the common law of England saith Sir Edward Coo● being the pledge or surety of him that could finde noe other ●● therefore by the ancient common law of England Treason Felony in case the party that had committed it could find g●● baile was baileable And in case the prisonner be long the●● should be e See 2 part instit fol 186 189. detained in prison and denied to be bailed according the law the law hath provided a Habeas Corpus for his reme●● to bring his body and cause up before the Iudges with a Habeas Corpus is not to be denied to any that craves it whether he be b●● able or f See 2 H. 5 ch 2. 11 ch 10. Petition of Right in the C R. bag case 11 part works reports 2 p. insti fol. 615. 616. noe And to deny it to any man what ever that craves it let his ca●● which he is cōmitted for be it what it will is to deny him the benefit of the Law of the Land for 〈◊〉 the returne of the Habeas Corpus it doth not Iudicially appeare for what cause he is imprison but on the returne it will appeare and if upon the returne it doth appeare that he is imprison contrary to the knowne and declared Lawes of the Land the Iudges are bound by their Oat● without any more adoe to deliver him whosoever commands to the contrary And if it appeare th●● he is legally committed for a crime in Law that is bailable they are to baile him and if his er●● be not bailable they are to turne him back from whence he came and all this clearly appear●● by Sir Edward Cooke upon the 29 chap of Magna Charta fol. 55. published by your selves Law And by the Iudges answere to the 25 Articles or objections that Richard Bancroft Are bishop of Canterbury exhibited in the name of the whole Clergy then high enough in M●chaelmas Tearme in the the third yeer of Ki●g Iames to the Lords of the privy counsell agai●● the Iudges of the Realme for incroaching as they suppose upon their Ecclesiasticall jurisdiction g which you may read at large in the 2 part instit fol. 191 602 to fol. 618. where in their Article they complaine against the Iudges in Westminster ha●● that they command and cause the Sheriffe to bring before the into their Courts parties so committed by the Ecclesiastie●● Iudges to prison that by the Laws of the Land they ought not to deliver untill the Ecclesias●●call Courts were satisfied and yet by their owne discretion set them at liberty without nor a thereof given to the Ecclesiasticall Iudges c. Vnto which al the Iudges of England and all th● Barrons of the Exchequer upon mature deliberation

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