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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
right take him now to be lievt Gen. to the Army when as indeed and in truth he is no such thing rightfully for at the ●andellising of the present Generalls Army by the self denying alias cheating Ordinance no member of either House was to have any Office in the Army yet at the speciall desire of divers ●est petitioners in London who now are by Cromwell christened Levellers the General his Councell of War the Parliament by speciall Ordinance made Mr. Cromwell Lievt Gen. of the ●se of that Army for six moneths reserving still for ought I ever could hear the sole making of Generall Officers of the Army in their own hands and never gave it in the least to the Generall and after the expiration of the six moneths continued him by an other speciall Ordinance for six moneths longer but I could never heare that after the expiration of that six moneths they redeemed it againe And if they did which I confidently believe the contrary yet I am sure a●●●t a yeare agoe he and a● I remember all the rest of the Colonells in the Army that were lately made members of the House were by speciall Ordinance taken from their commands in the Army so that I am confident I may safely and positively cal him a palpable usurper of his pre●●● place and Office of Leivt Gen. of the Army and if so then he is no better then a Robber and a Theif in forcing money from the Parliament and People as he hath done for his pay and ought in equity and justice at least to make restitution of every penny he hath taken since he 〈◊〉 cashiered and hereafter to retire out of the Army that Soldier being no better then a foole that will obey him and take no more Nay he is not only a Theife a Robber and usurper but he is an absolute murderer too which I will maintain upon my life to prove him to be at the Kings bench bar and there or at the Assises in ●●ertford sheire he may and ought by the declared law of England to be indicted and ought in justice law and conscience to loose his life for that wilful malicious premeditated and forethought of ●urther that he committed upon the Soldier of my brother Col. Robert Lilburnes Regiment for Mr. Cromwell being indeed and in truth no Officer but a palpable usurper had not the least shaddow or colour to meddle to adiudge the Soldier to death or cause him to be shot for any pretended marshal crime whatsoever but. Secondly if Mr. Oliver Cromwell should prove himself an Officer of the Army then which I am confident he never can iustly or legally doe yet that would doe him no good to save his life † For I am sure the Earl of Strafford was generall of an Army in Ireland by legall Commission and did but doe that which many generalls there before him had done and by Martiall law caused the Lord Mount-Norris to be condemned to dye and by this Parliament he was therefore strongly impeached of treason and amongst other things lost his head therefore and yet the Lord Mount Norris i● alive to this day but the Soldier condemned by Cromwell an Vsurper is shot to death in the time of full peace Ergo he undeniably deserves to dye for that murder for it being done in a time of peace and not of warre although an Army be up in in the Kingdome and all the ordinary Courts of justice free and open where law and iustice i● d● spenced and administred according to its usuall manner where only and alone all Soldiers as well as all other Englishmen that are no Soldiers ought by the law of this land to be punished and no where else the law having made particular provision therefore yea almost for every crime that in time of peace is imaginable a Soldier can commit all which is fully proved in the 11. pag of the forementioned Plea of A. B Citizen of London and in my forementioned book called the Peoples prerogative pag 42 43 44 45 46 47 48 49 50 51. but especially pag 53 54 and in the 55 56. pages thereof you may read my letter which I sent to Windsor to the Generall the 23. Decemb. 1647. by way of challenge to all the Officers in his Armie to dispute that point with them before the Generall viz. that it now being time of peace he nor his Counsell of War cannot by Marshall Law put any man whatsoever Souldier or other to death but it is absolute murther And is so declared by your own authoritie in your premitive puritie and virginitie in the 3. part of the Lord Cooks institutes chapter of murder fol. 52. Where he positively declares it hath in law been often so resolved and there gives strong and undeniable reasons for it and I am sure the Earle of Strafford paid for it to the purpose And therefore Mr. Speaker I doe absolutely conclude Mr. Oliver Cromwell to be a murderer with which I now charge him and require you as you will hereafter answer it to a quaint your house that J doe hereby require him at their hands as a murderer of a Souldier of Co. Ro. Lilburnes Reg. neer Waire this last Winter 15. No. 1647. called Rich. Arnell And that they forthwith commit him as a murderer to prison without Baile or Mainp●ise according to the law of the land and I Iohn Lilburne am ready to enter into securitie according to Law to prosecute him and to make good the charge upon my life against him by way of indictment according to the known law of the land either at the Kings bench bar in Westminster Hall or else at Hartford Assises Sir you may please to remember that at your open barr the 19. of Ian. last I delivered a formall impeachment against him and his sonne in Law the pretended Comissary Gen. Ireton being the very same things but in a farre transcendent nature that they positively accused Mr. Hall is c. of reason for And I offered before you all as you very well know upon my life to make it good and am still ready and willing to doe it but the justice you did the kingdome was to commit me to prison for my f●ithfulnesse and therefore truly Sir J must in good earnest tell you that my urgent oppressing necessitie and your Sir Henry Vaine and Cromwels unparraleld cruelties toward me are so great and transcendent that unlesse I speedily injoy and really possesse some effectuall justice from you J must be compeld to throw all care and feare aside and pluck up the same resolution in reference unto you that I did towards the Bishops after they had caused to give me upon the 18. of Aprill 1638. with knotted cords 500. stripes in lesse then 2. houres time and set me upon the pillorie imediatly after and there put a gag in my mouth for an houre and a halfe to the almost renting my iawes in sunder and imediatly after this in the