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.

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 re∣proved. But he that doth truth commeth to the light, that his deeds may be made ma∣nifest 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 rea∣ding in that Act that abolished the Star Chamber, I there found, that if any be committed, or re¦strained 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•• pre∣tence 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 force∣ing 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 under∣take, 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 imprison∣ment, upon which action the party grieved shall re∣cover great damages.a

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

But alasse Sir to what purpose is all this, if J can∣not injoy the benefit of the Law from your hands, and therefore Sir, I humbly intreat you to bee an effectuall instrument to command my body before you according to your duty, to plead for my life and the lives of my distressed wife and little children, that are all wrapt up in mine now dying a lin∣gering death, worse then the sword to any heroicall mind, and either effectually according to your oath, doe me speedy justice, without any more fearefull delayes, or else cease to be a Iudge.

And therefore let nothing before you be done in my absence about the merit of my cause, for my Councell dare not presse my businesse home, neither can I well presse it upon them, because I have nothing considerable to requite them if they should suffer therefore.

But if you will goe on with your intentions to morrow, then I intreat you that if J cannot speak in person before you, that I may speak unto you by my pen, what my Councell dare not say for me. And that my Plea which J have fitted to plead my self when I shall be brought before you, may be read in open Court with my Councell at the Barre, and J shall so farre willingly lay aside at present my priveledges, as to abide your iudgement upon reading my Plea, and hea∣ring my Councell upon it, for all that I desire is but to be laid to the true touchstone of the Law, and my guilty conscienced adversaries shunning that clearly thereby declare, they are workers of iniquity, and dare not abide the light, Iohn 3, 19.20.21.

Sir my extremities and sufferings are transcendent, and if you will not do me Iustice for Iustice sake, know that I have writ these lines on purpose to leave you without excuse, knowing ther is a righteous God in heaven that judgeth righteously, and hears the sighs and groans of his poore op∣pressed and distressed Prisoners, and many times even on earth punisheth Iudges with the law of like for like, unto whom J mournfully commit my cause, and now as my last legall hopes, if from your hands I can get no justice, but must be exposed by your hard heartednesse to ruin and destruction, then a desperate disease must have a desperate cure, and the will of God be done, for like a man of mettell and resolution that neither feares Legions of Divells nor men, death nor hell, (assuredly knowing my portion is in heaven with the Lord of glory, in whose bosome I shall one day rest,) I am resolved to perish, but shall take my leave, yet, to subscribe my self

Your affectionate friend and servant Iohn Lilburne.

From the Tower of London 1. May, 1648.

Jf you please, I intreat you to shew this to your Brother, Mr. Iustice Bacon.

Notes

• 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.
• 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.