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cause_n	day_n	time_n	year_n	3,093	5	4.9048	4	true

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A88207	The iust mans iustification: or A letter by way of plea in barre; Written by L. Col. John Lilburne, to the Honourable Justice Reeves, one of the justices of the Common-wealths courts, commonly called Common Pleas. Wherein the sinister and indirect practices of Col. Edward King against L. Col. Lilburne, are discovered. 1. In getting him cast into prison for many weekes together, without prosecuting any charge against him. 2. In arresting him upon a groundlesse action of two thousand pounds in the Court of Common Pleas; thereby to evade and take off L. Col. Lilburns testimony to the charge of high treason given in against Col. King, and now depending before the Honourable House of Commons. 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.	1646 (1646)	Wing L2125; Thomason E340_12; ESTC R200876	25,288	20

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 amibguous or doubtfull tearmes short and in their owne tongue Exo. 20 and that the people might be at a certaintie Moses as his Minister and officer writ and reade it in the audience of the people unto which they gau● their consent Exo. 24 4.6 and after that God writ them himselfe with his finger and delivered them to Moses that so the people might be taught them Exo. 24.12 31.18 and chap. 34. yea and in this plainnesse was all the Lawes God gaue unto them which he did not only barely ranke 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 Deu. 5 chap. 6. chap. 9. 11. Yea and commands them to teach their Children and to speak of them when they fit in their house and when they go abroad and when they lie downe and rise up yea and that they should write them upon the posts of their houses and upon their gates D●u 11.19.20 yea and that they should write them very plainly 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 punnish 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 farre off It is not in Heaven that thou shouldests say who shall go up for us to Heaven and bring it unto us that wee may heare it and doe it neither is it beyond the Sea that thou shouldest say who shall go over the Sea for us and bring it unto us that wee may heart it and doe it But the word is very nigh unto thee in thy mouth and in thy heart that thou maist doe it so saith he I have set before thee this day life and good death and evill Deut. 30.11.12.13 14.19 yea and that the generations to come might not think that God dealt hardly with them in exacting obedience from them who lived not in Moses dayes to heare the Law so sollemnly published he delivers it a stnading 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 Israell is com to appeare before the Lord thy God in the place which he shall choose Thou shalt read this Law before all Israell 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 may learne feare the Lord your God and observe to doe al the words of this Law And that their Children which have not knowne 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 wee see how just and exact God is to the people in giving them a short plain and easie to be understood Law in their owne tongue and not in the language of strangers and what care he takes to have it published and taught unto the people But if wee will but impartially read our English histories wee shall clearely find that the tedious unknowne and impossible to be understood common law practises in Westnmister Hall came in by the will of a Tyrant namly William the Conquerer who by his sword conquered this Kingdome and professed he had it from none but God and his sword Danniel 42. subdued their honest and just law Speed 424. commonly called the law of Edward the Confess and as Daniel saith fol. 44. set up new termes 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 Law of King Edwad se all matters in question should upon especiall penalty with out further deferment be finally decided in their Gemote or conventions held monthly in every hundred he ordained that fower times in the yeare for certain dayes the same businsse should be determined in such place as he would appoint where he constituted Judges to attend for that purpose and others from whom was from the bosome of the Prince all litigators should have justice and from whom was no appeale and made his Judges saith Martin in his history folo 5. follow his Court upon all removes which tired out the English Nation with extreordinary troubles and excessive charges in the prosecution of their suites in Law and saith fol 4. he also enacted and established strait and severe Lawes and published them in his owne language as all the practizes of the Law and all petitions and businesse of the court were by meanes whereof many who were of great estate and of much worth tough ignorance did transgresse and their smalest offences were gerat enough to intitle the Conquerour to the lands and riches which they did possesse all which he seized on and tooke from them without remorse And although the agrieved Lords and sad People of England humbly petitioned him that according to his oath twice formerly taken that he would restore them the Lawes of St. Edward under which they were born and bred and not adde unto all the rest of their misery to deliver them up to be judged by a strange Law they understood not whose importunity so farre prevailed with him that he tooke his oath the third time to preserve their Lawes and liberties but like a perjur'd Tyrant never observed any of his oaths and the same saith Daniel Fol. 43. did Henry the first Henry the second and King Iohn c. and yet notwithstanding these followed saith he a great innovation both in the Lawes and Government of England so that this seems rather to be done to acquit the People with the show of the continuation of their ancient Customes and Liberties then that they enjoyed them in effect For the little conformity between them of former times and these that followed upon this change of State and though there may be some veines issuing from former originals yet the main stream of our Common law with the practice thereof flowed out of Normandy notwithstanding all objections can be made to the contrary and therefore J say it came from the Will of a Tyrant But it may be objected that the Law it selfe is not now either in French or Latine and therefore not so bad as you would make it I shall answer in the words of Daniel Follio 251. That it is true upon

the Petition of the Commons to Edward the third He caused Pleas which before were in French to be made in English that the Subjects might understand the Law by which he houlds what he hath and is to know what he doth a blessed Act and worthy so great a King If he could thereby have rendred the same also perspicuous it had been a worke of eternall honour but such saith he is the Fate of Law that in what language soever it speaks it never speaks plain but is wrapt up in such difficulties and misteries as all proffessions of profit are as it gives more affiction to the People then it doth remedy therefore when Magna Charta after many a bloudy Battle and the purchase of many hundred thousands of pounds was obtained and confirmed by Edward the first in the 27. year of his Raign divers Patrons of their Country as Sir Edvvard Cook in his Proem before the second part of his Institutes declares that after the making of Magna Charta c. divers learned men in the Lawes that I may use the words of the Record kept Schooles of the Law in the Citty of London and taught such as resorted to them the Lawes of the Realm taking their foundation from Magna Charta and Charta de Forresta which the King sought to impeach and therefore in the 19th yeare of his Raign by his Writ commanded the M●●or and Sheriffes of London to suppresse all such Schooles under great penalties such enemies are Tyrants to the Peoples knowledge understanding of their Lawes and Liberties that so they may rule by their wils and pleasures for the impugning and infringing of which c. this wicked and leud King was dis-throned at the doing of which he confessed that he had been mis-guided and done many things whereof now too late he repented which if be were to govern again he would become a new man and was most sorrowfull to have offended the State as it should thus utterly reiect him but yet gave them thanks that they were so gracious unto him as to elect his eldest sonne for King And Henry the third in the 2 8th yeares of his Raigne confirmed the great Charter which notwithstanding he continually broke them and fetcht over the Poictonians by the advice of his evill Councell to over-awe his People and annih late their Liberties wherefore his Nobles c. sent him expresse word Thât unlesse he would amend his doings they would expell him and his evill Councellors out of the Land and deal for the creation of a new King Daniel Fol. 154. But I desire not to be mis-understood for in the harshnes of my expressions again the Common Law I put as J conceive a cleare distinction of it from the Statute Law which though there be many faults in it as I could easily shew yet I desire not here to say any greater evill of it then this that the 28 29. Chap. of Magna Charta the Petition of Right and the late Act for abolishing the Star-Chamber are gallant Lawes and the best I can find in the whole vollumnious Booke of Statutes for in my apprehension they fall far short in a sufficiently providing for that which lately the Honourable House of Commons saith is the end of all Government the safety and weale of the People for in my judgement they do not positively and legally hold out a sufficient security to hedge about to keepe in peace and to preserve the splendor and glory of that underived Ma●est● and King ship that inherently resides in the People or the State universall the representation or derivation of which is formally and legally in the State 〈◊〉 r●●resentative and none elce whose actions ought all to tend to that end against 〈…〉 usurpations and violences of all it's creatures officers and Ministers in the number of which are Kings themselves from whom and for whome they have all their Power and authority as the executions of their will and mind for their good and benefit to whom they are accountable for the faithfull discharge of that trust reposed in them as not onely Scripture but nature and reas●n doth fully prove yea and our own writers especially the late Observator and Mr. Prinne in his Soveraign power of Parliaments and Kingdomes printed by speciall authority from the house of Commons 2. Although Magna Charta be commonly called the English mans inheritance because it is the best in that kind he hath and which was purchased with so much brave English bloud and money by our fore-fathers before they could wring it out of the hands of their tiranicall Kings the successours of William the Conquerer as I have largely elsewhere clearly manifested yet alas in my aprehension it falles short of Edward the Confessours lawes which the Conquerer rob'd England of and in stead of them set up the dictates of his own will whose Norman rules and practizes to this day yet remaines in the administrations of the Common Law at Westminster Hall by reason of their tediousnesse ambiguities uncertainties the entryes in Lattine as bad at the French because it is not our own tongue their forcing men to plead by Lawyers and not permitting themselves to plead their own causes their compelling of persons to come from all places of the Kingdome to seeke for justice at Westminster which is such an iron Norman Yoke with fangs and teeth in it that if wee were free in every particular elce that our hearts can thinke of yet were we slaves by this alone the burthen of which singly will pierce and gall our shouldiers and make us bow and stoop to the ground ready to be made a prey not onely by great men but even by every cunning sharking knave O therefore that your Lordshp would desire and solicite our honourable Parliament accord●ng to the late Declaration forever to annihilate this Norman innovation and reduce us back to that part of the ancient frame of government in this Kingdome before the Conquers dayes and that wee may have all causes and differences decided in the County or Hundred where they are committed or do arise without any appeal but to a Parliament and that they may monthly be Iudged by twelve men of free and honest condicion chosen by themselves with their grave or chiefe Officer amongst them and that they may sweare to judge every mans cause aright without Feare Favour or affection and then farewell jangling Lawyers the wild-fire destroyers and bane of all just rationall right governed Common-wealths and for the faciliating of this worke and the prevention of Frauds I shall onely make use of Mr. Iohn Cooks words a Lawyer of Grayes-Inne in the 66. page of his late published Booke called a vindication of the professors and profession of the Law where he prescribes a ready remedy against frauds which is that there might be a publique Office in every County to register all Leases made for any Land in that County and also all Conveiances whatsoever