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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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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