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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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I may have but ●●e liberty of a faithfull subiect which my supported innocency doth challenge for me and which ●●e Lawes of my Soveraign Lord King CHARLES doth afford unto me I will p●t in sufficient ●●●●erity without exception for my safe imprisonment to answer at all ●imes whatsoever shall be ●ected against me by the mightiest and potentest of my enemies But take notice of this that for my own part God is my witnes I doe not send unto you to 〈◊〉 a tumult or uproare that so for feare of the Law and the rigor of justice for my offence J ●●●y escape by flight and so save my life no J scorne now to fl●● for I was never borne to be a s●●●sser for to flie and my unspotted and untainted innocencie is such that I dare with inward peace 〈◊〉 boldnesse abide the touchstone and the extremitie of the Law and a publike tryall before the ●ea●est potentate in England for I desire no mercie nor favour at any of my adversaries hands 〈◊〉 only the benefit of my Soveraigns Lawes and in the maintaining of my innocency I doe here ●●●claime it that if I had absolute libertie to goe whether I please J would come to flie for I 〈◊〉 resolved by the might and strength of my God for the honour of my King and Country and ●e good of future generations to fight it out so long as I have a legge to stand on and to wage ●●●ofessed warre so long as I have drop of blood in my billie with the domestick and home bred●● ne●●s of the King and State for I have a Souldier heart within my innocent breast And with my ●●●itall adversaries the chiefe of which is the devill that devouring Lyon and the Prelate of Canterbury that guilty Traytor as upon the losse of my life I will maintaine and with the Lord kee●er Coventry that uniust and unrighteous Iudge that passed a wicked and unl●wfull censure up●n me and My Gaolers those murthering poysoning starving and grand opp●●ssors against all ●f which by the strength of God if I live I will prosecute the Law for all my wrongs sustained 〈◊〉 them Oh! therefore my fellow Apprentizes I cry out unto you to provoke you to zeale for God and his glory and to courage and bol●nes to stand for liberties and priviledges which are granted to us by the Parliament lawes of this Land against the wicked Prelates supported with the power assistance of the unjust Lord keeper My ●ope is I shall not need to presse you with ●ultiplicity of arguments oh my fellow Pre●zes to fulfill my forced desire in regard it was so just and equall and in regard I am like to be m●●thered for innocency and eye for eye tooth for tooth skin for skin and all that a man ●● will he gave for his life for the saf●y of which I am pressingly forced to send in this man● unto you The fulfiling of what I desire you cannot in the least lay ye open to the punishment or s●●tence of Justice in regard my iust complaint doth arise from lawlesse oppression and wrong for ●●liverance from which J have already used exceeding much faire peaceable and lawfull mean● from time to time without intermission with multitudes of humble petitions both to the K●●● and the Nobles joyntly and severally yea and with mornfull petitions supplicated the Illus●●●ous Queen of Bohemia to solicite the King her Brother about me which I caused to be sent to 〈◊〉 friends and acquaintance at the Hage to be delivered to her but by reason of the greatnesse the Prelate of Canterbury and the Lord Keeper and the Warden of the Fleet from all of which have suffered the height of misery and wrong I can have no redresse or answer to any of them 〈◊〉 they daily load me with more and more cruelty for my complaining of purpose to take away 〈◊〉 life for my unspoted innocency Wherefore unto all you stout and valiant Prentizes J cry out murther murther murther 〈◊〉 murther wherefore as you pitty the most miserable and deplorable codition of me who am y●● stout and coragious though sore afflicted fellow Prentize give the Lord Major no rest till 〈◊〉 by the assistance of the noble Lord protector fullfill my just and equall desire that so my in●●cent blood may be preserved that I may live in future time to doe my King and Country a this honourable and noble City of which I am most oppressed member faithfull and true ●●●vice which if I were delivered from my cruell condition and were well of my weaknesse 〈◊〉 sicknesse which I have had for many moneths together were able to doe if need did require ●●ther with sword or Pen. For if I have a good cause to ground my quarrell up●● I durst venture to combat with any man whatsoever that steps upon the ground though perished in the battell for my Mother did not beare me to be a Coward or a Son of base 〈◊〉 slavish feare Now if you should inquire what I am I truly answer in the expression of the world I am 〈◊〉 second Son of a Gentleman in the North parts of England 200. miles from hence descend●● of an ancient and worshipfull Family according to the estimation of the world and about 〈◊〉 and two yeares of age whose predecessors have been men of valour and did with their Swo●●● good service to that noble Prince Henry the 8. at the conquest of Bulloign in France and 〈◊〉 Father in his youthfull dayes in his service at the Court ware a gold Chain as the badge and 〈◊〉 very of an Illustrious and Noble Earl of this land And for my Mother she was a Courtier borne bred and brought up where she ended her da●● whose Father wa●●● Houshold Officer to that famous Queen Elizabeth and afterwards to Roy●● King James But alas alas my kindred though some of them be rich and great in the no●●● have all long since left me in regard of the greatnesse of my adversaries whose power they 〈◊〉 afraid of and I have not one of them to stand by me wherefore if my fellow Apprentizes 〈◊〉 not now at a pinch lend me some spedie help now my life lyes at the stake and is like every ha●● to be taken away by bloody Gaolers in the Fleet I am like in a few dayes to perish in my ●●●stressed condition for verily there is but a step betwixt me and death So remembring my kindest love unto you all desiring speedily to heare from you and w●●● good successe you have I commit you to God and rest Your faithfull stout and couragious fellow Apprentize though now in the depth of mis●●● and distresse Iohn Lilburne From the murdering prison called the Fleet the cruellest Geole J think this day under the s●●●● the 10 day of this 5. moneth of May in the yeare of remembrances 1639.
of their money in raising it for other pretences and then share and devide it by thousands and ten thousands amongst themselves and suffer the poore Widowes and Orphants that have lost their husbands and fathers in the wars and have long waited at their doores for their deare bought wages without pittie reliefe or compassion to dye and starve for hunger and cold whose blood cryes loud in the are● of the Lord of hosts for wrath and vengeance upon them The forementioned Letter to the Apprentices of London thus followeth To all the brave couragious and valiant Apprentizes of the honourable City of London but esp●cially those that appertain to the worsh●pfull Company of Cloth workers of which company if J l●ve I hope to be a Free man THe kind and heartie salutation together with the g●●evous deplorable complaint of me Ioh● Lilburne a most miserable distressed and cruell oppressed exceeding close prisoner in the Common G●o● of the Fleet against all law equitie iustice and conscience in which condition I am like t● he murthered and devoured in my innocency and for my courage and boldnesse for my Prince an● Country against the Capitall and open enemies thereof the traiterous Prelates and their most wicke● confederate and for my love to the welfare and prosperitie of all my faithfull fellow-Subiects an● Apprentizes WOrthy fellow Prentizes it is a Maxim in mortality that the glory o● the great and Soveraigne Creator and the Common good of 〈◊〉 Kingdom or City ought to be preferred before a mans own particula● liberty or welfare The knowledge and consciousnesse of which hath made me fo● the glory of my God the good of my Country and the future good o● you my fellow Prentizes to abdicate all and hazard and jeopard my estate hopes and fortunes in his world which in outward liklihood would have been no smal● portion yea my sweet life and liberty For being banished from my Masters service who liveth neare Londonstone in June or July next will be two yeares for no offence nor trespas in the world but only because the Prelats knew that I was a familiar acquaintance and Visiter of that Noble and renowned D. Bastwick who stood out valiantly bravely and couragiously against them for the honour of his God the good of his Prince and Country and the prosperity of you● my fellow Prentizes My exilement was into Holland where I spent my time not like a drone but for the welfare of England and all true hearted English men I both with my purse and person laboured both night and day for the accomplishment of which I both early and late without wearinesse travelled without the assistance of any mans purse but my owne and my industry by boat and shiping by water and on my fee● by land of which the enemies here to the King and State being informed by their Scouts in Holland they out of mallice and envie at me for my good service to this land at my coming over againe ●ast me in the Gate house prison in Decemb. last was 12. Moneths but as the Lord ordered it by his overruling providence it was for a thing I was cleare of as I truly declared unto the Nobles and Peere of the land when I was before them [a] see my examinations and defence at the Star-Chamber barre c. called the Christian mans tryall reprinted by William Larnar at the black boy in Bishops gate street yet they kept me wrongfully in Prison ever since against all law iustice equity and conscience exercising such bloudy tyranny murdering cruelty devouring oppression in laying me in Irons keeping me 15. months together closs Prisoner keeping my victuals friends f●om me beating threatning most shamfully abusing those that came to seeme relieve me threatning exercising cruelty upon the poor Prisoners that but seem to favour p●●ty me that the like example of cruelty I dare maintain it is not to be found among the Heathens and pagans Turkes and Infidels as I have truly in my late grievous lamentaced and just complaint to the right honourable the Lord Major of the City of London intituled A Cry for Justice and the right worshipfull Aldermen his brethren and all the rest of the grave and worthy Citizens published and which I have more largely in 3. severall bookes in print being forced by unheard cruelty thereunto declared and published unto the view of England Scotland Ireland and Holland which if you be pleased to inquire after you may meet with in the City But now to come to the thing I desire of you my fellow Apprentizes it is but thus much that ●●ag I am in the hands and custodie of corrupt cruell oppressing murthering poysoning starving 〈◊〉 a thirsty Hangmen jaylors as I have truly declared in my last weeks complaint before named ●●at Coppy of which I have sent you and seeing all hopes of lively hood is taken away from me 〈◊〉 that I now live and subsist by the miraculous power and providence of the great omnipotent ●ed of Heaven and earth And I having had a grievous and dangerous sicknesse well nigh these 11. moneths ●y reason of my cruell whiping to the number of at least 500. strips Which with much 〈◊〉 was punctually ●●ed before the ●●ds upon oath the 〈◊〉 Feb. 1645. as ●n●●e printed relation ●●ereof you may 〈◊〉 page 3. 4. and long lying in Irons upon both hands and leggs night and day with other barbarous tyranny and cruelty and seeing that now my friends are not suffered to come at me to look to me in my weaknesse nor bring me victualls and I daring not to eate any for feare of being poysoned as I truly told the Warden not many dayes agoe but what my owne friends deliver into my own hand in regard severall Prisoners have here been poysoned and other murthered for one of which Murry my upper keeper was arraigned as Newgate and my under keeper hath been a Hangman being fittest for that imployment be●ng of such a doged churlish and cruell disposition that he seemes to be a man without humanity In consideration of all the premises most worthy fellow Apprentizes with multitudes of ●●re deplorable grievances which time will not suffer me to let down I being now out of all ●●ward hopes if you get not speedy redresse for me but that shortly my life and blood in cruell 〈◊〉 imprisonment will be shed and taken away Threfore my earnest and importunate request desire unto you my loving fellow Apprenti●● is but this that you would be pleased to take my aforesaid iust and miserable complaints which I have sent you and by hundred or thousands goe in a faite and peaceable way in my be●●lfe to the honourable Lord Maior of this City and desire him that it may be read to him in 〈◊〉 hea●ing and importune him without rest that J may be forthwith removed out of this mur●●●ing Prison to any other prison in the City for the safty of my l●fe where if