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A88208 The just mans justification: or A letter by way of plea in barre; written by L. Col. John Lilburne. to the Honrble Justice Reeves, one of the justices of the Common-wealths courts, commonly called Common Pleas wherein the sinister and indirect practises of Col. Edward King against L. Col. Lilburne, are discovered. 1. In getting him cast into prison for maxy [sic] weekes together, without prosecuting any charge against him. 2. In arresting him upon a groundlesse action of two thousand pound in the Court of Common Pleas; thereby to evade and take off L. C. Lilburns testimony to the charge of high treason given in against Col. King, and now depending before the Honourable House of Commons hereunto annexed. In which letter is fully asserted and proved that this cause is only tryable in Parliament, and not in any subordinate court of justice whatsoever. Lilburne, John, 1614?-1657. 1647 (1647) Wing L2126; Thomason E407_26; ESTC R202758 35,413 28

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that seriously I think there is neither end nor bottom of them so many uncertainties formalities puntillo's and that which is worse all the entryes and proceedings in Latine a language I understand not nor one of a thousand of my native country men so that my Lord when I read the Scripture and the House of Commons late unparaleld Declaration it makes me think that the practises in the Courts at Westminster Hall flow not from God nor his Law nor the law of Nature and reason no nor yet from the understanding of any righteous just or honest men but from the Devill and the will of Tyrants and oppressors for First my Lord the House of Commons declaration April 17. 1646. tels me that their inventions are not to change the antient frame of Government the safty weal of the people a most Goulden saying but J am sure it cannot be i● the peoples safety nor wealfare to have their lives liberties and estates judged by a Law the entrings and proceedings of which are in Latine and so without their understanding the●r cases in Heathen Greeke or Pedlers French and so beyond their knowledge and many of their rules in the orracle of Judges brests whose judgements many times have been destructive to the lives liberties and estates of all the free men of England witnesse there late Judgement in shipmoney c. neither are such practizes agreeable to the Antient constitutions of the Kingdome And secondly when God gives his Law unto the sonnes of men he doth it plainly without ambiguous termes and in their own language as first for Adam the law God give him was plaine and short with a declared penalty annexed unto Gen. 2 16.17 and the Lord God commanded the man saying of every tree of the Garden thou mayest freely eat But of the tree of the knowledge of good and evill thou shalt not eat of it for in the day thou eatest thereof thou shalt surely die And his law in the 9. of Gen. about murther is as plaine as this for who so shedeth mans blood saith he by man shall his blood be shed for in the Image of God made he man and so likewise when God comes to give a law unto the Isralites as a nation yea and that law which we call the Morrall law and observe as binding to us to this day he doth it in plaine words without ambiguous or doubtfull tearmes short and in their own tongue Exo. 20. and that the people might be at a certaintie Moses as his Minister and officer writ and read it in the audience of the people unto which they gave their consent Exo. 24.3 4.7 and after that God writ them himselfe with his finger and delivered them to Moses that so the people might be taught them Exo 24.21 31 chap. 34. yea and in this plainesse was the Law God gave unto them which he did not only barely make and so let the people goe seeke them where they could find them but he also with Majestie proclaimes them openly and as if that were not enough that so they might know the Law and not in the least plead ignorance of it Moses declares it to them againe and againe Deut. 5. and chap. 6. chap. 9. 11. Yea and commands them to teach their Children and to speak of them when they sit in their house and when they go abroad and when they lye down and rise up yea and that they should write them upon the posts of their houses and upon their gates Deut. 11.19.20 yea and that they should write them very plaine Deut. 27.8 and the reason is because the just God hath done and will doe just and righteous things and will not be so unjust as to punish men for transgressing a law they know not and therefore saith Moses to Israel in the behalfe of the just God and his law It s not hidden from thee neither is it far off it is not in heaven that thou shouldest say who shall goe up for us to heaven and bring it unto us that we may heare it and and do it neither is it beyond the Sea that thou shouldest say who shall goe over the Sea for us and bring it unto us that we may heare it and doe it but the word is very nigh unto thee in thy mouth and in thy heart that thou mayst do it so saith he I have set before thee this day life good death and evill Deut. 30.11 12 13 14.19 yea and that the generations to come might not thinke that God dealt hardly with them in exacting obedience from them who lived not in Moses dayes to heare the Law so solemnly published he delivers as a standing Law in future generations unto the Priests Elders and people that at the end of every seaven yeares in the solemnity of the yeare of release in the feast of Tabernacles When all Israel is come to appeare before the Lord thy God in the place which he shall choose Thou shalt read this Law before all Israel in their hearing Gather the people together men and women and children and thy stranger that is within thy gates that they may heare and that they learne and feare the Lord your God and observe to doe all the words of this law And that their Children which have not known any thing may heare and learne to feare the Lord your God as long as you live Deut. 31.9 10.11 12.13 So we see how just and exact God is to the people in giving them a short plain and easie to be understood Law in their own tongue and not in the language of strangers and what care he takes to have it published and taught unto the people before he requires obedience to it or punisheth them for violation of it But if we will but impartially read our English histories we shall clearely find that the tedious unknown and impossible to be understood common law practises in Westminster Hall came in by the will of a Tyrant namely William the Conquerer who by his sword conquered this Kingdome and professed he had it from none but God and his sword Daniel fo 42. who subdued their honest and just law Speed fol. 424 commonly called the law of Edward the Confessor and as Daniel saith fol. 44 set up new tearmes new constitutions new formes of pleas new offices and Courts and that whereas saith he fol. 46. before the causes of the kingdome were determined in every Shire and by the Law of King Edward se all matters in question should upon especiall penalty without further deferment be finally decided in their Gemote or conventions held monethly in every hundred he ordained that foure times in the yeare for certain dayes the same businesse should be determined in such places as he would appoint where he constituted Judges to attend for that purpose and others from whom as from the bosome of the Prince all litigators should have justice and from whom was no appeale and made his
your selves to desire me safely to state my cause to you that so too morrow at the grand Councell of the Army you might be able cleerly to expresse your results about it and desires to the Parliament upon it In briefe the case is thus after my deliverance out of Oxford Castle I was made Major by Lievt Gen. Crumw●ll means to Col. Edward King in Lincolneshire who severall wayes betrayed his trust and did divers such actions that he deserved by the Articles of warre and Ordinance of Parliament to loose his life of which I according to my duty and the trust reposed in me complained to my then Generall the Earle of Manchester and Lievt Gen. Crumwell and with indefatigable paines for divers moneths together spent good store of my own money about it but could not from the hands of my then Generall obtaine one dram of effective justice upon Col. King saying the lose of his great and many commands although the Committee of Lincolnshire and the Magistrates of Boston and Lievt G. Crumwell were all prosecutors as well as my sel●e Whereupon in August 1644 Mr. Mussenden and Mr. Wolley and divers of the Committee of Lincolne preferred a formall impeachment of high treason according to Ordinance of Parliament and the rules of Warre to the House of Commons containing 22. Articles against the aforesaid Col Edward King which they caused to be printed and which I reprinted at the latter end of my Epistle to Iudge Reeves da●ted Iune 6. 1646 in the 4. and ●2 Articles of which they possitively accuse him for traiterously betraying Crowland and Grantham into the hands of the Cavieleers then professed enemies in Armes to the Pa●li●ment and my selfe being an active prosecuter of King to bring him to a tryall in the House of Commons upon the said impeachment by way of revenge he confederates with D. Bastwick then bitter against me for my constant activitie against the persecuting Presbyterian Government and upon the 12 of Iuly 1645. joyntly with him sends a Which said lying and false paper you may read in the 8. p. of Bastwicks most abusive printed defence against me of the 9. of August 1645. and in the 6. page of Pryns base and lying book called the Lyar confounded in unto the Speaker or some other of the House of Commons a most lying false malicious paper under their hands against Col. Ir●ton Mr. Hawlins and my selfe about 60000. l. that then was said to be sent to Oxford by the Speaker information of which was that day in the morning given into a Committee of the house of Commons by 3. Citiz●ns of London viz Mr. Pr●tty Mr. Rawson and Mr. Worly whereupon about 8. or 9 a clock at night by the Speakers means in the House of Commons contrary to all equitie law justice and conscience w●thout either knowing my accuser or accusation or so much as being called into their House though then at their doore to speake one word for my selfe voted by the House into the custody of the Serjeant at Armes b Wh●ch Order you may read in the 13 pag. of my answer to Pryn called Jnnocency and truth justified dated in Decemb. 1645. and as prisoner without any more adoe I remained with his man Knight till the 9. of August 1645 at which time corrupt Mr. Lawrence Whittaker and the rest of the Committee of Examination most illegally contrary to all law committed me to Newgate prison for refusing to answer to their unjust Interrogatories concerning my selfe c Which illegall order you may also read in the 17. pag of the aforesaid Innoceny c. and my foresaid malicious enemies by their powerfull interest prevailed with the house of Commons upon the 26. of August 1645. to make an expresse Order to try me at Newgate Sessions d Which mal●cious order you may likewise read in the 30. pag of the aforesaid Innocency and Truth justified before Mr. Glyn Recorder of London my professed enemy and who as I was told had threatned my utter distruction and in all likelyhood I had hanged for it if God had not inabled me fully and effectually to have staited my cas● w●th my pen which I presented in print to the wo●ld e And which by the Author of Englands Birth-right is reprinted at the beginning of that not able book and my ●ury before they passed upon me which as I was told gave them such ample satisfaction that they would not meddle with me and so by spec●a●l order of the House of Commons of the 14. of October 1645. I was freely discharged f Which discharge you ma● read in the 35. pag. of Innocency and truth justied without being ever charged by any man all that time legally with the least crime in the world the whole story of my then unjust usage you may fully read in my book called Innocency and truth justified being ignorant to this very houre of the true or declared cause wherefore I was so committed and tossed and tumbled by the House of Commons saving but for what I find in Bastwicks and Pryns abusive books mentioned before in the Mergent And being at liberty I followed my Star-Chamber businesse then depending in the House of Commons and with much adoe as you may read in the 67 72. pages of Innocency and truth justified got it from thence transmitted to the Lords before whose bar upon the 13. of Feb. 1645. I had with my councell Mr. Bradshaw and Mr. Iohn Cook a fair and just hearing upon which they made an effectuall and legall Decree g Which Decree you may read in the latter end of my relation of my Councells plea before the Lords the 13. Feb. 1645. for the destroying and annihillating of that most illegall and bloody sentence past against me in the Star-Chamber in Anno. 1637. and within a few dayes after decreed me 2000. l. for my dammages or reparations and transmitted an Ordinance down to the house of Commons for inabling me to receive the money in which House that Ordinance hath laid do● 〈◊〉 ever since But Col King knowing I was the chiefest man he was in danger of judged himselfe not safe nor long lived if I should gi● that money which would enable me with vigour and strength to prosecute him which he kn●w well enough I would doe therfore to divert me and to be revenged of me he most maliciously and causelesly upon the 14. of April 1646. contrary to the just priveledge of Parliament and the common law of h See Vox Plebis pag. 23 24. England caused me at Westminster as I was following my businesse then depending before the House by whom I ought therefore in justice to have been protected against him by the Bayliffe thereof to be arrested into the court of common Pleas in an action● or trespasse for 2000. l. pretending that I in October before had said Col King was a Traytor and I would prove him one whereupon I clapt in my petition to the House