To the Right Honourable Sir Patient Ward Knight Lord Mayor of the City of London and to all and every the Honourable the Judges of either Bench, Barons of the Exchequer, Commissioners of Oyer and Terminer and Gaol-delivery for this sessions held for the city of London and county of Middlesex / the humble petition of Edward Whitaker Gent, prisoner in the Tower of London.
         Whitaker, Edward.
      
       
         
           1681
        
      
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         A65685
         Wing W1708
         ESTC R22765
         12622385
         ocm 12622385
         64552
         
           
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             To the Right Honourable Sir Patient Ward Knight Lord Mayor of the City of London and to all and every the Honourable the Judges of either Bench, Barons of the Exchequer, Commissioners of Oyer and Terminer and Gaol-delivery for this sessions held for the city of London and county of Middlesex / the humble petition of Edward Whitaker Gent, prisoner in the Tower of London.
             Whitaker, Edward.
             Ward, Patience, Sir, 1629-1696.
             England and Wales. Court of Quarter Sessions of the Peace (Middlesex)
          
           1 sheet ([2] p.)
           
             Printed for Richard Janeway,
             London :
             1681.
          
           
             Reproduction of original in Huntington Library.
             Broadside.
          
        
      
    
     
       
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         eng
      
       
         
           Ward, Patience, -- Sir, 1629-1696.
           Treason -- England -- London -- Early works to 1800.
           Broadsides -- England -- London -- 17th century
        
      
    
     
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           To
           the
           Right
           Honourable
           Sir
           
             Patient
             Ward
          
           Knight
           ,
           Lord
           Mayor
           of
           the
           City
           of
           
             London
             :
          
           And
           to
           all
           and
           every
           the
           Honourable
           the
           Judges
           of
           either
           Bench
           ,
           Barons
           of
           the
           
             Exchequer
             ,
          
           Commissioners
           of
           
             Oyer
          
           and
           
             Terminer
          
           and
           Gaol-Delivery
           for
           this
           Sessions
           held
           for
           the
           City
           of
           
             London
          
           and
           County
           of
           
             Middlesex
             .
          
           The
           Humble
           Petition
           of
           
             Edward
             Whitaker
          
           Gent.
           Prisoner
           in
           the
           Tower
           of
           
             London
             ,
          
        
         
           Most
           humbly
           sheweth
           ,
        
         
           THat
           your
           Petitioner
           having
           lain
           under
           a
           Close
           Imprisonment
           ,
           in
           the
           said
           
             Tower
             ,
          
           for
           about
           the
           space
           of
           Four
           months
           ,
           by
           vertue
           of
           a
           Warrant
           of
           Commitment
           for
           High-Treason
           ,
           under
           the
           Hand
           and
           Seal
           of
           Sir
           
             Leoline
             Jenkins
          
           Knight
           ,
           one
           of
           His
           Majesties
           Justices
           of
           the
           Peace
           for
           the
           County
           of
           
             Middlesex
             ,
          
           as
           by
           the
           Copy
           of
           Commitment
           appears
           ;
           who
           by
           colour
           of
           his
           being
           Secretary
           of
           State
           ,
           committed
           your
           Petitioner
           (
           though
           but
           a
           mean
           Commoner
           )
           to
           the
           said
           
             Tower
             ,
          
           not
           only
           against
           the
           Common
           Law
           of
           this
           Land
           ,
           but
           also
           against
           the
           Statute
           made
           in
           the
           Fifth
           year
           of
           
             Henry
          
           the
           Fourth
           ,
           which
           provides
           ,
           That
           no
           Justice
           of
           Peace
           shall
           commit
           any
           Person
           but
           to
           the
           Common
           Gaol
           ;
           nor
           is
           there
           any
           Provision
           in
           that
           Statute
           ,
           that
           a
           Secretary
           shall
           have
           power
           to
           commit
           to
           an
           unlawful
           Gaol
           ,
           more
           than
           other
           Justices
           of
           Peace
           .
        
         
           That
           by
           Law
           there
           is
           no
           Prison
           of
           State
           in
           
             England
          
           for
           Commoners
           ,
           nor
           was
           the
           
             Tower
          
           of
           
             London
          
           ever
           made
           use
           of
           as
           a
           Prison
           of
           State
           ,
           but
           by
           Parliament
           ,
           and
           the
           King
           and
           Council
           ,
           for
           great
           Personages
           ,
           out
           of
           respect
           to
           their
           Quality
           .
           Your
           Petitioner
           lying
           under
           this
           Oppression
           ,
           petitioned
           this
           Court
           last
           Sessions
           to
           be
           Tried
           or
           Bailed
           ,
           according
           to
           the
           Statute
           of
           the
           31
           of
           this
           King
           ;
           and
           then
           prayed
           your
           Honours
           who
           were
           of
           the
           Degree
           of
           the
           Coif
           to
           grant
           your
           Petitioner
           a
           
             Habeas
             Corpus
          
           upon
           the
           said
           Statute
           ,
           to
           bring
           your
           Petitioner
           before
           your
           Honours
           ,
           in
           order
           to
           such
           Ends
           :
           He
           believing
           then
           (
           as
           still
           he
           doth
           )
           that
           such
           Writ
           could
           not
           be
           denied
           him
           ,
           without
           the
           Forfeiture
           mentioned
           in
           the
           said
           last-recited
           Act
           ;
           which
           Act
           was
           never
           intended
           to
           be
           defeated
           or
           evaded
           by
           any
           Tower
           or
           Fort
           in
           
             England
             .
          
           For
           that
           your
           Petitioner
           well
           knows
           ,
           that
           a
           Commission
           of
           
             Oyer
          
           and
           
             Terminer
          
           being
           in
           Execution
           in
           any
           City
           or
           County
           ,
           the
           Commissioners
           that
           act
           therein
           have
           power
           to
           bring
           any
           Person
           before
           them
           ,
           from
           any
           Prison
           whatever
           within
           the
           said
           City
           or
           County
           ,
           to
           be
           tried
           or
           acquitted
           by
           the
           
           Course
           of
           Common
           Law
           ;
           much
           more
           since
           the
           making
           of
           the
           said
           Statute
           for
           securing
           the
           Liberty
           of
           the
           Subject
           ,
           which
           was
           so
           intended
           ,
           and
           not
           that
           the
           said
           
             Tower
             ,
          
           which
           is
           in
           
             London
          
           and
           
             Middlesex
             ,
          
           should
           debar
           any
           Person
           from
           having
           the
           Liberty
           of
           a
           Subject
           ,
           contrary
           to
           the
           known
           Law
           of
           the
           Land.
           
        
         
           That
           your
           Petitioner
           being
           an
           innocent
           Person
           ,
           and
           a
           free
           born
           Subject
           of
           
             England
             ,
          
           cannot
           but
           expect
           the
           full
           Benefit
           of
           the
           Law
           ,
           as
           his
           just
           due
           ;
           and
           is
           well
           assured
           ,
           that
           if
           an
           Indictment
           was
           found
           against
           him
           at
           this
           or
           any
           other
           Sessions
           ,
           the
           Writs
           of
           
             Habeas
             Corpus
             ad
             deliberandum
             &
             recipiendum
          
           would
           certainly
           be
           of
           power
           enough
           to
           bring
           your
           Petitioner
           to
           that
           Court
           to
           be
           Tried
           ,
           without
           any
           Scruple
           in
           Law
           ,
           as
           also
           any
           other
           
             Habeas
             Corpus
          
           upon
           the
           said
           Statute
           .
           And
           your
           Petitioner
           conceives
           there
           is
           the
           same
           Justice
           in
           granting
           your
           Petitioner
           such
           VVrits
           ,
           to
           discharge
           him
           ,
           if
           nothing
           be
           against
           him
           after
           so
           long
           Imprisonment
           ,
           as
           to
           bring
           him
           to
           be
           Tried
           and
           Condemned
           .
        
         
           That
           your
           Petitioner
           conceives
           the
           Laws
           of
           the
           Land
           are
           the
           only
           Bulwarks
           which
           preserve
           the
           Nation
           ,
           and
           every
           individual
           Commoner
           (
           in
           their
           just
           Rights
           )
           from
           Violence
           :
           The
           Kings
           of
           
             England
          
           being
           sworn
           to
           maintain
           the
           Laws
           ;
           and
           such
           of
           your
           Honours
           as
           are
           Judges
           are
           sworn
           to
           administer
           Justice
           indifferently
           between
           the
           King
           and
           His
           Subjects
           ,
           and
           not
           delay
           or
           deny
           Justice
           to
           any
           Person
           .
           Upon
           these
           Considerations
           ,
           your
           Petitioner
           not
           being
           the
           last
           Sessions
           ,
           according
           to
           his
           Petition
           ,
           Tried
           or
           Bailed
           ,
           as
           was
           then
           prayed
           ,
           and
           your
           Honours
           not
           granting
           him
           his
           
             Habeas
             Corpus
             ,
          
           as
           desired
           ,
           according
           to
           the
           said
           Statute
           of
           this
           King
           ;
        
         
           
             Tour
             Petitioner
             therefore
             now
             most
             humbly
             prays
             your
             Honours
             (
             as
             his
             Right
             by
             Law
             )
             to
             be
             discharged
             from
             his
             Imprisonment
             this
             Sessions
             :
             And
             that
             your
             Honours
             will
             grant
             your
             Petitioner
             an
             
               Habeas
               Corpus
            
             to
             the
             Constable
             or
             Lieutenant
             of
             the
             
               Tower
               ,
            
             to
             bring
             your
             Petitioner
             and
             set
             him
             before
             your
             Honours
             ,
             in
             order
             to
             be
             discharged
             from
             his
             Imprisonment
             according
             to
             Law.
             
          
        
         
           And
           your
           Petitioner
           shall
           ever
           pray
           ,
           
             &c
             ,
          
           
             Edward
             Whitaker
             .
          
        
      
       
         
           
             LONDON
             ,
          
           Printed
           for
           
             Richard
             Janeway
             ,
          
           1681.