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truth_n deed_n light_n reprove_v 2,125 5 10.3012 5 false
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A88244 Regall tyrannie discovered: or, A discourse, shewing that all lawfull (approbational) instituted power by God amongst men, is by common agreement, and mutual consent. Which power (in the hands of whomsoever) ought alwayes to be exercised for the good, benefit, and welfare of the trusters, and never ought other wise to be administered: ... In which is also punctually declared, the tyrannie of the kings of England, from the dayes of William the invader and robber, and tyrant, alias the Conqueror, to this present King Charles, ... Out of which is drawn a discourse, occasioned by the tyrannie and injustice inflicted by the Lords, upon that stout-faithful-lover of his country, and constant sufferer for the liberties thereof, Lieut. Col. John Lilburn, now prisoner in the Tower. In which these 4. following positions are punctually handled ... Vnto which is annexed a little touch, upon some palbable miscarriages, of some rotten members of the House of Commons: which house, is the absolute sole lawmaking, and law-binding interest of England. Lilburne, John, 1614?-1657. 1647 (1647) Wing L2172; Thomason E370_12; ESTC R201291 90,580 119

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your perill and see that you ha●e there this Writ Witnesse Edw Cook 20. Nov. and the Tenth Yeare of Our Raign This is the usuall forme of the Writ of Habeas Corpus in the Kings-Bench vide Mich. 5. Edw. 4. Rot. 143. Coram Rege Kesars Case under the Test of Sir John Markeham REX Vicecom London salutem Praecipimus vobis quod habeatis Coram Justiciariis nostris apud Westm ' Die Jovis prox post In the common pleas for any man priviledged in that Court the like in the Exchequer quinque Septiman Pasche corpus A.B. quocunque nomine censeatur in prisona vestra sub custodia vestra detent ut dicitur una cum die causa captionis detentionis ejusdam ut iidem Justiciar nostri visa causa illa ulterius fieri fac quod de jure secundum legem cons●etudinem Regni nostri Angliae for et faciend habeatis ibi ●oc breve Test c. THE King to the Sheriffes of London greeting We command you that you have before Our Justices at Westminster upon Thursday next five weekes after Easter the Body of A. B. by what Name soever he be called being detained in your Prison under your custody togetherwith the day and cause of his Caption to the end that Our said Justices having seen the cause may further doe that which of right and according to the Law and Custome of Our Realm of England ought to have done or have there this Writ Witnesse c. The like Writ is to be granted out of the Chancery either in the time of the Term as in the Kings Dench or in the vacation for the Court of Chancery is offici●● just●●ia and is ever 〈◊〉 and never adjourned so as the subject being wrongfully imprisoned may have Justice for the liberty of his person as well in the Vacation-time as in the Terme By these Writs it manifestly appeareth that no man ought to be imprisoned but for some certain cause and these words Ad subjiciend re●ipiend c. prove that cause must be shewed for otherwise how can the Court take order therein according to Law And this is agreeable with that which is said in Holy Histd●y sine ratione ●ihi videtur mittere vinctum in carcerim cau as ●jus non signifit 〈◊〉 But since we wrote these things passed over too many other Acts of Parliament see now the Petition of Right Anno tertio Caroli Regis resolved in full Parliament by the King the Lords Spirituall and Temporall and the Commons which hath made an end of this question if any were Imprisonment doth not only extend to 〈◊〉 imprisonment and unjust but for detaining of the prisoner longer then hee ought where hee was at the first lawfully imprisoned If the Kings 〈◊〉 come to the 〈◊〉 deliver to the prisoner If he detain him this detaining is an imprisonment against the law of the land c. But look upon 〈◊〉 〈◊〉 Warrant● 〈…〉 committed and 〈◊〉 committed 〈…〉 and you 〈◊〉 not find one legall one amongst them all Now for the second thing before spoken of in the manner of his tryall which is That it ought by Law to have b● publike in the presence of all that had a mind to have heard it 〈◊〉 any restraint of any This I find to be claimed by Mr. Pryn at the tryall of Colonell Nat. Fines in the 11. page of his relation thereof which he desired That they might have a publike hearing and that the do●e might be set open and none excluded that would come in the which he saith ●e desired the rather because the Parliament the representative Body of the Kingdome had ordered a fair and equall tryall which he conceived as he told the Councell of Warre was to be a free and open one agreeable as he saith to the proceedings of Parliament and all other Courts of Justice in the Realm which stand open to all and from whence no Auditors are or ought to be excluded To which Mr. Dorisla answered that it was against the stile conrse of a Court-Marshall to be publike and open and therefore it might not be admitted upon any tearmes Unto which Mr. Will. Pryn replyed that hee was a common-Lawyer and by his profession his late Protestation and Covenant bound to maintain the fundamental laws of the kingdome and liberty of the Subject which he told the Councell of Warr they themselves had taken vp Armes c. to defend and maintain And saith he by the Lawes and Statutes of the Realm all Courts of Justice ever have been are and ought to be held openly and publikely not close like a Cabinet-Councell Witnesse all Courts of Justice at Westminster and else-where yea all our Assizes Sessions wherein men though indicted but for a private Fellony Murder or trespasse have alwayes open tryals He goes on and in the 12. page thereof tells him that not only Courts of common-Law but the Admiralty and all other Courts proceeding by the Rules of either of the civill or canon-Law the proceedings have ever been publike and the Courts open and even in 〈◊〉 proceedings by Martiall Law before a Conncell of Warre at the G●●●d-Hall of London at the tryall of Mr. Tompkin● 〈◊〉 and others it was publike and open in 〈◊〉 of 〈◊〉 〈◊〉 〈◊〉 of Parliament and the whole City no come●s 〈◊〉 〈◊〉 〈◊〉 And he positively tels the Councell of Warre a little further that it was both against the laws and subjects liberty as he humbly conceived to deny any prosecutor o● subject an open tryall And he gives divers reasons there for it he goes on and in the 13. page saith That the Parliament when it sits as a Conncell to consult debate or deliberate of the great and weighty affaires of the Kingdome is alwayes private and none but the Members or Officers of either House admitted to their consultations and debates But saith he as the Parliament is a Court of Justice to punish Malefactors so the proceedings of both or either House are alwayes publike as appears by the late Tryall of the Earle of Strafford in Westminster-Hall and infinite other presidents of antient and present time To which I may adde the Tryall of William Laud late Archbishop of Canterbury And this practice is suitable to what we read in Scripture that among the Iewes the Iudges sate openly in the City Gates the most publike place of all And truly he or they that will not suffer Justice to be executed and administred openly bewrayes their own guiltinesse and do thereby acknowledge that they are ashamed of their cause For saith Christ John 3. 20 21. Every one that doth evill hateth the light neither cometh to the light least his deeds should be reproved or discovered but he that doth truth cometh to the light that his deeds may be made manifest that they are wrought in God But so far were the Lords from this just way of permitting Lieutenant Col. Lilburn a publike tryall that the