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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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Members of Treason they had all their matter in a manner against them to seek and I will prove to this effect to Crumwells face that when by the Counsell c. it was demanded of him both at St. Albons and Colbracke what he had against Sir Iohn Maynard he positively answered he at present did not well know but he was a busie prating man and therefore must be in that soe he might be taken out of the way them as without ●all ground it hath done others the ●ower and tyranny of whom doth to●ly over awe them of which every ●ng your selves remarkably com●ine in the 8 page of your forementioned first Remonstrance And seeing ●am in Prison I cannot come to the Kings Bench Barr to move for my selfe if our House will doe any thing that is sutable to Law and justice which is all ●e mercy and pitty I crave at your hands then I must of necessity be compell● as you in your great straights did to cry out to all those that had any sence of my honour or honesty to come in to aide a distressed State 1 part bo decl p. 98 earnestly and mournfully to cry out allowd to all the honest Noune substantive men in and about the City of London to pitty and 〈…〉 distressed and oppressed estate and condition and rather then to suffer me to murdered and starved in Prison by the Tyranny of Cromwell and his Gra●dees that have now visably turned their backs of God of the Liberties their native Country of common honesty humanity and justice to use th● utmost indeavours to bring me to the Bar of justice there to receive a try according to the knowne Law of England for my life and that justice with o●● partiallity mercy pitty or compassion may be executed upon me either to 〈◊〉 condemnation or justification which is all the favour pity or compassion crave from all the adversaries I have in the world And for that end Mr. Speaker I shall with all earnestnesse and industry indeavour to get as many of them as I can the first day of the next Tearme to g●● up by 6 or 7 a clocke in the morning in person to Westminster hall a●● deliver me a Petition to the Iudges there sitting in the very following word● To the Honourable the Iudges of the Kings Bench. The Humble Petition of Levt Col. Iohn Lilburne Prisoner in th● Tower of London Sheweth THat your Petitioner is an Englishman and thereby intailed and intituled to the benefit all the Laws of England which by your Oaths x x Which is printed in Pultons col of Statutes fol. 144. and the people prorogative p. 10. you are sworne indifferently and equa●●● without feare or partiallity to administer gr●tis to all perso●● rich and poore without having regard to any person notwithstanding any command whatsoever to the contrary Now for as much as a Habeas Corpus is part of the Law England and ought no● by Law to be denied to any man y y See 2 H. 5. cha 2 Petition of Right 3. C R. the act that abolisheth ship money 17. C. R. 2 part insti fol. 53. 55. 55. 615 616. See 26. ch of Magna Charta and Sir Ed. Cooke exposition upon it fol. 42 3 Ed. 1. ch 26. and the exposition upon it in 2 part insti fol. 210. and the Statute of the 11 H. 4 Nu. 28. not printed in the Stat. book but as printed in the 3 pt insti fol. 146. 224. 2●5 whatsoever that demands it which though your Petition earnestly indeavoured the last Tearme to obtaine yet occur not prevaile with his Counsell to move for it although 〈◊〉 hath almost this two yeers been detained in prison in t●● Tower of London without all shaddow of Law or justic● and by the Lievtenant thereof hath been divorced from t● society of his wife debarred from the free accesse of 〈◊〉 friends deprived of the use of Pen Inke and Paper all wh●●● usages are against the expresse Lawes and Statutes of a● Land your Petitioners birthright and Inheritance Therefore your Petitioner humbly prayeth accordi●● to his right and your Oaths the benefit of a Habeas C●●pus and that he may have it gratis according to the L●● of the land and you Oathes to bring his body and car●● before you in open Court there to receive your award and judgement according to the d●clared Law of England And your Petitioner shall pray c. Iohn Lilburne And now Mr. Speaker I desire to acquaint your House with my intentions to bring my self up 〈◊〉 the Kings bench barre the first day of the next Tearme who I hope will not so far subvert the 〈◊〉 as to goe about to hinder me but there meet me according to law and justice with whatsoe●r they have to lay unto my charge and not still keepe me in Prison by will and force of Armes without laying any crime at all unto my charge and there think to murder or starve me unlesse ●ill stoope to their tyrannicall lusts and wills which if they doe Mr. Speaker it is not the ●t palpable iniustice that I have undergone by you in particular and them in generall as I ●erly evinced and fully proved to your faces in my speech the 19. of Ian. last at your open barre which you may now reade in my Whip to the House of Lords page 19. 20. 21. 24. 25. 26. But they shall doe this then I shall absolutly conclude the levellers viz. Cromwell and his grandee * For in my Whip 〈◊〉 the Lords I have ●dly proved that fact 〈◊〉 the absolutest Le●ellers in England and those honest men they nick-name Le●lers to be the principall supporters of ●●●ly and property in the whole Kingdome page 2 3. faction hath in good earnest already de facto levelled all our lawes and liberties to their own corrupt lusts and wills and have made England already to become like Turkey London like Constantinople the Army that was raised to preserve our lawes liberties and freedomes like the great Turks guard of Janisaries that will put all his commands in execution whether it be right or wrong And White Hall and the Muse like the Seralia in Constantinoppe being the place of Randezvouz or lodging of the tyrants mercenary law and liberty destroyers For truly Mr. Speaker I must say and 〈◊〉 it that Mr. Oliver Cromwel hath destroyed all our lawes and liberties and properties and set up an absolute tyrannicall arbitrary Government by sword and principally over all those that have fought in the sincerity of their hearts for the Parliament and their Country for worse then ever Strafford or Canterbury attempted to doe for which they lost their heads who yet in comparison to 〈◊〉 were but fooles and chickins scarce daring to think what he hath executed and acted But Mr. Speaker if you would know the reasons why I doe not call him Leivt Gen. Cromwell It is because I would correct a vulgar cheat amongst the people which of