Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	judge_n	king_n	law_n	5,155	5	5.2571	4	true

Text snippets containing the quad

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

body before you according to your duty to plead for my life and the lives of my distressed wife and little children that are all wrapt up in mine now dying a lingering death worse then the sword to any heroicall mind and either effectually according to your oath doe me speedy justice without any more fearefull delayes or else cease to be a Iudge And therefore let nothing before you be done in my absence about the merit of my cause for my Councell dare not presse my businesse home neither can I well presse it upon them because I have nothing considerable to requite them if they should suffer therefore But if you will goe on with your intentions to morrow then I intreat you that if J cannot speak in person before you that I may speak unto you by my pen what my Councell dare not say for me And that my Plea which J have fitted to plead my self when I shall be brought before you may be read in open Court with my Councell at the Barre and J shall so farre willingly lay aside at present my priveledges as to abide your iudgement upon reading my Plea and hearing my Councell upon it for all that I desire is but to be laid to the true touchstone of the Law and my guilty conscienced adversaries shunning that clearly thereby declare they are workers of iniquity and dare not abide the light Iohn 3 19.20.21 Sir my extremities and sufferings are transcendent and if you will not do me Iustice for Iustice sake know that I have writ these lines on purpose to leave you without excuse knowing ther is a righteous God in heaven that judgeth righteously and hears the sighs and groans of his poore oppressed and distressed Prisoners and many times even on earth punisheth Iudges with the law of like for like unto whom J mournfully commit my cause and now as my last legall hopes if from your hands I can get no justice but must be exposed by your hard heartednesse to ruin and destruction then a desperate disease must have a desperate cure and the will of God be done for like a man of mettell and resolution that neither feares Legions of Divells nor men death nor hell assuredly knowing my portion is in heaven with the Lord of glory in whose bosome I shall one day rest I am resolved to perish but shall take my leave yet to subscribe my self Your affectionate friend and servant Iohn Lilburne From the Tower of London 1. May 1648. Jf you please I intreat you to shew this to your Brother Mr. Iustice Bacon My forementioned first Petition the 19. April 1648. verbatim thus followeth To the honourable the Judges of the Kings bench The humble Petition of Lievt Col. Iohn Lilburne Prisoner in the Tower of London Sheweth THat your Petitioner is an Englishman and thereby intailed and intituled to the benefit of all the lawes of England which by your Oaths a Which is printed in Pultons collect of Statutes fol. 144. and the peoples prerogative p. 10. you are sworne indifferently and equally without feare or partiallity to administer grat●s to all persons rich and poore without having regard to any person notwithstanding any command whatsoever to the contrary though signified under the great b See the 9. H. 3. ch ●9 2. Ed. 3. ch 14. Ed. 3. ch 14. 11. R. 2. ch 10. and the Petition of R●ght the 3d. C. R 2. part inst fo 56. 4. part inst fo 68. Seale or the little Seale or any otherwise yet it shall not delay or disturb common right nor you cease to doe it in any point according to the law of the Land Now forasmuch as a Habeas Corpus is part of the law of England and ought not by law to be denyed to any man c See 2. H 5. ch 2. Petition of right 3. C. R the act that abolished the Star-Chamber 17. C.R. 2. part inst 53. 55. 189. 615 616. 4. part f. 71. whatsoever that demand it which though your petitioner earnestly endeavoured the last Tearme to obtaine yet could not prevaile with his Counsell to move for it although ●e hath almost this two yeares been detained in prison in the Tower of London without all shadow of Law or iustice and by the Lievtenant thereof hath been divorced from the society of his wife debarred from the free accesse of his friends deprived of the use of pen inke and paper all which usages are against the expresse Lawes and Statutes of this Land your Petitioners Birth-right and inheritance d 2. pa● inst f. 56. 63 97. 5 26. and 4. part folio 41. Therefore your Petitioner humbly prayeth according to his Right and your Oaths the benefit of a Habeas Corpus and that he may have it Gratis e † See the 26. of Magna Charta and the exposition upon it in the 2. part inst fol. 42. 3. Ed. 1. ch 26. and the exposition upon it in the 2. par in f. 210. see also f. 74. 533 535. and the stat of the 11. H. 4. No. 28. not printed in the Stat. book but is printed in the 3. pa● inst fol. ● 46 224 225. according to the law of the Land and your oaths to bring his body and cause before you in open Court there to receive your award and Iudgement according to the declared law of England And your Petitioner shall pray Iohn Lilburne Tower the 19. April 1648. My forementioned second Petition of the 25. April 1648. thus followeth To the Honourable the Iudges of the KINGS BENCH The humble Petition of Lievt Col. John Lilburne Prisoner in the TOWER of LONDON SHEWETH THat upon a Petition delivered to your Honours upon Tuesday last being the 19 present you were pleased to assigne councell to move for a Habeas Corpus to bring your Petitioners body and cause before you which accordingly you were pleased to grant upon their motion and to make the writ retournable this present Tuesday at which time after a long causlesse and unjust imprisonment your Petitioner hoped to have bin brought before you to have pleaded for his life which hath bin strongly endeavoured by his potent adversaries in his unjust imprisonment to be taken away from him having kept him most illegally in a chargeable imprisonment almost two years together without ever laying any crim legally to his charge or bringing him legally to any Bar of justice to a legal Tryal keeping almost 3000l of his own proper right from him and in his hard and extraordinary chargeable imprisonment have not yet allowed your petitioner a peny to live upon although an allowance according to his quality be his right by the custom of the place where he is a Prisoner divers rich Members of the present house of Commons having from the present King enjoy'd the same * Mr. Walter Long confessed about a year agoe he spent the King whilest he was Prisoner in the Tower 1500. l. in Wine and

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

by force of Arms prisoner to the Marshall generall of the Army by vertue of the verball commands of some pretended officers of the Army and hath ever since been by force of armes against all law and justice kept prisoner in White Hall where he hath been most barbarously and inhumanly used and his life endeavoured to be taken away from him by the pretended power of Marshal law to the high transcendent violation of Magna Charta the Petition of Right and all the fundamentall lawes of England it being declared by that learned Lawyer Sir Edward Cook in the 3. part of his institutes chapter of murder fo 52. which book is published by this present House of Commons for good Law that for a generall of an Army or any other that hath Commission of Marshall authoritie in time of peace as now it is and is so declared by the Parliament in their last Declaration against the Scotch Commissioners to hang or execute any man whatsoever Souldier or other by culler of Marshall Law it is absolute Murder and hath been in Law often so adjudged as he there declares Now forasmuch as your honours are Iudges of the Law and sworne impartially to doe equall execution there of your Petitioner therefore craveth the benefit of a Habeas Corpus gratis his undoubted right by law to command his body and cause before you in open Court thereto receive your award and iudgement according to the declared Law of England And your petitioner shall pray c. William Thompson White-Hall this 18. April 1648. To fill up this wast paper I shall desire the Reader to cast his eyes upon my Instructions about my Habeas Corpus which I gave unto my Soliciter which thus followeth Sir I am in some sence sorry you named my Councell at all for I could have wished I had laid a moneth in prison longer so it had been put upon this issue to have demanded the Iudges answer possitively whether upon the bare Petition they would have granted me the Habeas Corpus or no For First I am sute it is as much my right by a Petition as a thousand motions and as they would have done me an inconvenience in denying it so I am sure I should have done them a greater in conclusion which in my own thoughts would have been equivalent to my losse Secondly This way in not granting it without the motion of a Lawyer destroyes out native and legall rights for if I authorise you to doe it for me in the case I am in the Iudge by Law ought to heare you for me as well as any Lawyer in England as appears by the Act that abolisheth the Star Chamber 17. C. R. Thirdly This destroyes all poor oppressed men that have not a Fee to see a Lawyer who commonly will but move his lips very faintly without it whereas if the right of Petitioning were kept up divers that perish and are destroyed in prison would be relieved thereby Fourthly This is destructive to the lives and being of all oppressed men that are committed by potent adversaries as I am having both houses and the Grandees of the Army to deale with the single Grandees of the Army having already crushen and banished by power and force tall Cedars in comparison of such little shrubs as Mr. Narborow and Mr. Cook unto whom I am so much oblieged that I am not free to presse them to doe that for me that that Lawyer must doe that will doe my businesse as it ought to be done their professions being their livelyhood for any thing I know and if for their honest resolved resolution in my businesse they should suffer I am not able to require them and truly I am afraid they cannot effectually doe me service in the present case but they must run the hazzard of their own unavoidable ruine and therefore when you give them their fees presse them to this or nothing viz. To keep the Iudges close to the right of a Habeas Corpus to be granted to whoever craves it by whomsoever committed and that he is not nor ought not nor cannot judicially take cognizance by whom or for what I am committed till it appeare legally and judicially in open Court before him and it is my positive instructions they shall not tell the Iudge by whom I am committed and if the Iudge himself shall tell them by whom I am committed and so thinke to bull me and them I desire them with all their skill to wave that and presse for a Habeas Corpus and then upon the return it will appeare and I am sure judicially they or he cannot fix their judgements upon reports all that I desire is but a Habeas Corpus to come to the Barre to plead my cause my self and I shall easily my self make it appeare by law that these that committed me have not the least shadow or cullour in Law to do it all that I desire without further dispute is but to have the Iudges Negative or Affirmative by vertue of my right in demanding of it for the Iudge ought not to inquire by whom J am committed neither ought they to tell him but it is enough I am in prison which you may make Oath of and it is his duty upon my demand to grant me a writ to bring my body and cause before them and let them deny it at their perill for if they doe J weigh it not at all for yet I am not totally prison sick and I desire no more advantage to trouble them in due time as bad as a nest of Hornets or Wasps but their positive deny all Present my hearty service to Mr Sommers my Attorney and desire a bill from him and Make his last Tearmes businesse even only take notice I sent him 20. s. and bid him expect and look for the Gaolers answer and speedily send it to me but in treat him hereby to goe no further without my further instructions and I shall rest Yours to serve you John Lilburne 19 April 1648. Now O all true hearted English men that love justice and reall actions more then persons and sactions seriously consider and way my unparaleld condition who was brought into my contest with the House of Lord by Mr. Oliver Cromwell that usurper tyrant theefe and murderer as in the 9. to 11. p. of my late plea for a Habeas Corpus I fully prove him to be and am still ready at the Kings Bench-bar to make it good with my life and when he had brought me into the briars ther like a base perfidious man leaves me to be scratched in peeces and not only so But in the third place joyns with the Earl of Manchester c. whom he had imeached of Treason and against whom he had engaged me to destroy me because I will not stope to the jurisdiction of the House of Lords over Commoners although by law they have no more then so many Tinkers and Chimny sweepers have as is fuller proved in my books called the fice mans freedom vindicated the Anotamy of the present House of Lords The oppressed mans oppression declared The Out-cryes of oppressed Commoners my Grand Plea before Mr. Maynara of the house of Commons 20. October 1647. The People prerogative and my Whip for the house of Lords and in the books called Sir John Maynards case truly stated The Royall Quarrell The Plea and Protest of A. B. a Citizen of London and the late printed Petitions of the imprisoned Aldermen of London and yet though by all these books the Lords jurisdiction over Commoners in any case by law is levelled with the earth yet nothing will serve Cromwells t●ane for my opposition to the Lords in maintaing my own liberties but my blood although if he would have helpt me to my liberty and that which the Parliament iustly owes me I have offered him to leave the Kingdom and totally to refer all differences betwixt us to the finall determination of his own Generall and for my contest with the Lords wholly to the house of Commons or the Judges of the Common law none of which he will imbrace and therefore judge righteously betwixt us FINIS