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truth_n deed_n light_n manifest_a 2,272 5 9.7572 5 false
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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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The Prisoners mournfull cry against the Iudges of the Kings Bench. OR An Epistle writ by Lievt Col. John Lilburne Prisoner in the Tower of London unto Mr. Iustice Roll Declaring the illegall dealing of himself and Mr. Iustice 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 Iohn 19 20 21. For this is condemnation that light is come into the world and men loved darknesse rather then light because their deeds are evill For every one that doth evill hateth the light neither commeth to the light lest his deeds should be reproved But he that doth truth commeth to the light that his deeds may be made manifest that they are wrought in God Honoured Sir BEing a sensible English man I am compelled to struggle for my portion in the Lawes and liberties of my native Country and according to my previledge and right after all the Councell in England that I could rationally pretend to have any interest in had given over through feare the doing of that for me which by the duty of their places they are bound to doe for me or any English man else for his fee I was necessitated to set my own brains at work to help my self and reading in that Act that abolished the Star Chamber I there found that if any be committed or restrained by the Warrant or Order of the King his Heires or Successors in their own person or any of his privie Councellors c. that in every such case the party committed upon demand or motion made by his Councell OR OTHER JMPLOYED BY HIM for that purpose ●n to the Iudges of the Court of Kings Bench or Common pleas in open Court shall without any delay upon an● pretence whatsoever have forthwith granted unto him a Writ of Habeas Corpus c. And pausing upon that clause viz. Other imployed by him my own reason told me it must be by some man distinct from a professed Lawyer So that thereby seeing Councell had refused to move for me the Tearme before I was a casting about upon which of my private friends to pitch upon to doe it for me Judging it to be my naturally legall right to appoint whom I please and therefore reasoning the case with others thar knew some thing of the Law I was put upon a Petition Councellours at Law telling me as the case stood with me a Petition presented in open Court by a friend is as legall as a motion by a Councellour at the Barre notwithstanding any rules or orders made by the Court for the monopolizing profit of the Lawyers to the contrary Now if this be true in law you have done me injustice in denying me a Habeas Corpus upon my Petition and forceing my Solicitor to name Councell to move for it against their wills and minds who it may be are afraid of an arbitrary destruction from my potent adversaries who de facto have already done it upon divers others Yet they moved and you granted me a Habeas Corpus to bring my body and cause before you which by my Petition upon the 25. April last I certifie unto you the Lievtenant will not obey and sent it to you in open Court by my Solicitor who before you was ready to make oath of the delivery of the Habeas Corpus in which Petition I earnestly presse for an Alias and yet notwithstanding you will not grant it to me though it be my right by Law whereupon I was delayed as J conceive by your and my Cuuncells fearfullnes for 4. or 5. dayes before J could get it moved and when upon Saterday lost my Councell did move J am delayed by you which Sir Edward Cook often saith is worse then to deny me iustice and can not obtaine an Alias from you as by Law I ought and although I understand a returne whether true or false I know not is made of my commitments yet it is neither read in open Court nor filed in Court so that I cannot judicially get a Copy of it to see whether it be true or false which is a wrong in Law unto me And that mock return is no Obedience to the Habeas Corpus which commands my body as well as my cause to be returned Sir I also understand that before you will grant me an Alias you have ordered to heare my Councell upon Tuesday next upon the return when as alasse they have many dayes since sent me word they are altogether unwilling to plead to the illegallity of my Commitment or any further saving to the point of a Habeas Corpus And truly Sir I cannot much blame them considering they now see Mr. William Thompson a free man of England and no Souldier taken away by Cromwell and Ireton from the House of Commons Doore and violently carried to White-Hall and there by Marshall Law by them c. condemned to dye to the subvertion of the lawes of the land for whith they deserve the Earle of Straffords punishment and you will not doe your duty speedily to relieve him which it may be they may thinke may shortly be their own case if they should be bold and effectually plead the Law for me and therefore they leave that part of my plea to my self when I come to the Bar which I am ready and willing at my perill to undertake and therefore doe earnestly intreat you as either iustice or honour dwels within your breast without any further delay to grant me another Habeas Corpus with a large penalty in it which is my right by Law for the denyall of obedience to the first by my Gaoler is against Law or which offence he is subiect by law to be fined as the pleasure and discretion of the Court which hee hath disobeyed And J wish my Councell may have oritory enough to agrivate the offence and presse for a large fine upon him 2. To an action upon the case for false imprisonment upon which action the party grieved shall recover great damages a 3● Ed. ● Rot 71. 79. Corum rege Hilli ●● part inst fol 53. 13. Ed. 2. c. 39. see the exposition of it in 1. part in f. 451. 452. Rastalls book of entrys folio 501. 6●6 3 He may be indicted for his offence and contempt of the Law and upon his conviction he is to be fined imprisoned and to be at the mercy of the King b West 1. being 3. Ed. 1. ch 15. at the end see also the exposition upon it 2. part inst fo 191. and 28. Ed. 1. ch 16. But alasse Sir to what purpose is all this if J cannot injoy the benefit of the Law from your hands and therefore Sir I humbly intreat you to bee an effectuall instrument to command my