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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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THE IVST MANS IVSTIFICATION OR A Letter by way of Plea in Barre Written by L. Col. John Lilburne to the Honr ble Justice Reeves one of the Iustices 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 many 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 The second Edition with divers Additions presented as a necessary Apologie by the Author to all the Commons of England but especially to the Private Soldiers of his Excellency Sir Thomas Fairfax his Army August 1647. Levit. 19.15 Yee shall doe no unrighteousnesse in Iudgement thou shalt not respect the person of the poor nor honour the person of the mighty but in righteousnesse shalt thou iudge thy neighbour Lam. 4.9 They that be slaine with the sword are better then they that be slaine with hunger for these pine away stricken through for want of the fruits of the field SIR HAving lately taken upon my self that boldnesse to speake with you as you are one of the publique Iudges of the Kingdome about an honest poor man that was unjustly and without any legall authority cast into prison and finding a very courteous faire and rationall carriage from your Honour towards me at that time imboldneth me the more at this time being extraordinarily necessitated thereunto to write a letter to you in my own behalfe I being upon the fourteenth of April last arrested at Westminster upon an action of Trespasse by the Bayliffes thereof at the suit of an unjust and troublesome man commonly called Colonel Edward King and the Bayliffes pretended it was for so many thousand pounds although I am confident that I never was six pence in his debt in my life that they must have extraordinary Baile for my appearance So that I was forced to give them two house-keepers in Westminster and one stranger or else in their mercilesse hands I must remaine although I was very hard following of my businesse to perfection with the Parliament which hath stuck there almost six yeares to my extraordinary cost charge and losse of time and although I am confident that it is as iust a cause as any is in the world and hath so been adiudged by both Houses of Parliament as in this inclosed printed relation of the tryall and Iudgement of it before the House of Lords the 13. of February 1645. you may please to read I must ingenuously confesse that it did somewhat trouble me to be arrested in that manner having never before in my life been arrested to my remembrance and I was the more troubled in regard that my Ordinance of 2000 l. for my reparation which lately passed in the Lords house was depending in the house of Cōmons I was affraid that it might there stick if I were diverted from following it and I did not know but this arrest might doe it being of purpose for that end as I have iust cause to believe And being in a longing expectation for the Tearme to see my Antagonists Declaration I found in it that it is an Action of Trespasse for 2000. l. pretending that I said in October last that Col. King was a Traytor and I would prove him one and for taking away his good name which I scarce believe he ever had in his life and considering with my selfe what to doe I was resolved to make a Plea at the Barr of the Common-Pleas where you are the eldest and chiefest Iudge that Col. King and I being both Soldiers were in that condition to be governed by the Lawes martiall which were published with the stamp of Parliamentary Authority by the Generalls thereof And he having committed many grievous crimes against the Letter and true mean●ng of them I complained to the Earle of Manchester thereof being both his Generall and mine and at the same time divers Gentlemen of the Committee of Lincolne as Mr. Archer c. having Articles of a very high nature against him pressed my Lord to a tryall of him at a Councell of Warre and at the very same time the Major Aldermen and Town-Cleark of Boston came to Lincoln to my Lord with Articles of a superlative nature against King their Governour but could not get my Lord to let us injoy justice at a Councell of Warre according to all our expectations and as of right we ought to have had which at present saved his head upon his shoulders although he found cause to casheere him of most or all his great and profitable commands Yet notwithstanding others endeavoured to try whether justice could be had against him in Parliament and for that end in August 1644. Mr. Mussenden Mr. Wolley and divers others of the Committee of Lincolne did exhibit Articles of a very high nature to the House of Commons against him and to speake their own words in their 4th Article they say That when he was last before Newarke he sent for a Captaine who kept Crowland † Viz. Capt. Coney who obeyed his command yet sent word to him of the danger that that town was in and therefore desired his second pleasure which was that he should march who accordingly did the Gentlemen of the Country fearing the enemy procured Major Ireton † N●w Commissary Generall ●reton with Sir Thomas Fairfax to send 100. Musquetiers to keep Crowland which he hearing of took ill that any without order from him should come into his liberties and commanded them to be gone who accordingly departed the enemie presently surprized the town and those few that he had left in it by which meanes he betrayed the town unto the enemy which was not regained without much charge hazard and losse † Which blood I say lyes upon his head and for which in justice he ought to be hanged of many mens lives And in the 12th Article they plainly accuse him for betraying the Parliaments Garrison of Grantham these Articles with the rest having there hung ever since without a finall determination King knowing that I was a maine witnesse against him in divers of the things laid to his charge and bearing a malignant and inveterate mallice against me for opposing him in his unjust and unwarrantable actions while I was his Major and for discovering of them and often complaining of him to the Earle of Manchester and Lievt Gen. Cromwell c. to be revenged of me did upon the 19th day of Iuly 1645. plot contrive and by lying and false suggestions to some Members of the
his Army by Martiall Law which ●aw was plainly printed by the same Authority and openly published to the view of every Commander Officer and Soldiers for transgressing against which Articles many in a m●rciall way have lost their lives and no other visible Rule that I knew off was to be the Rule and Iudge of ●u● actions or offences but that Law unto the power and authority of which both Col. King and my selfe did voluntarily stoop and therefore as I humbly conceive we are not to be tryed by the Rules of the Common Law which I thinke no man in the world fully and truly knowes for our actions commited in our Soldier condition which is the true cause betwixt him and me 2. I did my duty according to the trust reposed in me by the State legall and representative and by my Generall from whom I had my commission and according to the private command of Lievtenant Generall Cromwell which was to be faithfull in my place and to complain either of Col. King or whomsoever I groundedly knew did any actions that tended to the ruine of Salus Populi the safety of the People or the State universall and he promised me upon his honour and Reputation * Both at Sleford and elsewhere that he would doe the best he could to have justice done which is ●he very life of all societies or Common wealths and that without which the people cannot be happie or safe yea and he gave me the reason wherefore he so earnestly tyed me to it which was because our Generall with his Army was to march out of Lincoln shi●e and that country being lately wonne out of the hands of the Cavaliers there being very few of that Country it that time that desired Command under the Generall therefore saith he we are necessitated to make use of Col. King and to make him governour of Boston and Holland upon whom he look'd then as an active popular man who promised to doe mighty things for the good of that Country and the publique But in regard divers of the cheife men of Boston doe mislike him I have therfore saith he in his behalfe engaged my selfe to them for him that he shall be faithfull just and honest towards them and therefore in regard I have no large experience of the man and of his temper I principally looke upon thee Lilburne and thy Lievtenant Colonell John Bury by name whose faithfulnesse I can rest upon and for both of whom I have used my interest to place on purpose with him that so if hee should break out to the dishonour of my ingagement and the detriment of the publique I may from time to time bee sure to know of it from you that so it may be prevented before it be past remedy But King being puffed up with his command tooke upon him an absolute regall tyrannicall authority over all his Officers but especially those that were betrusted in Commission aswell as himselfe and to doe his cheife actions by the rule of his owne will without their privytie or advice something like divers of the present Grandees in the Army who by their late actions declare they have forgot their solemne agreement made at Newmarket which tended to the ruine of al that were under him consequently of that whole country he haveing treacherously lost Crowland and Boston put in extream danger by his absolute wilfulnesse if not treachery the making known whereof with his carriages at Newarke Seige c. cost me in sending posts to the Earle of Manchester and Leivtenant Generall Cromwell then in or about Camebridge I am very confident 20. or 30. l. which so madded him that he imprisoned Major Rogers for daring to goe and complain against him I being in those straights in regard of the charge I had taken upon me I durst not stir my selfe till all was cleare without feare or danger of an enemy he having already by the Law of his owne Will cashiered his Leivtenant Colonell without ground or cause and endeavoured the appa●ent destruction of Capt Camebridge and all the honest zealous and conscientious men under his command which to me was an ill Omen of his intentions Therefore I say so soone as I durst leave my charge I posted away to Bedford where I found my Generall and Leivtenant Generall Cromwell and told them both fully of Kings carriage and that he commanded his forces to march forward and backward where and when he pleased without the advice aprobation and consent of his Field Officers c. who were to ingage their lives a thousand times more then himselfe in managing the designes he set them about and that the Committee of Lincolnsheire had paid him divers thousands of pounds to pay his Officers and Souldiers at Newarke Seidge but I could not heare that he paid one penny to any Officer there and for my own part I am sure I could not get a penny from him yet lying base Mr. Prynn in one of his late bookes lyingly chargeth me with being accountable to the State for above 2000.l received of him see my answer to his charge in the last end of my booke called The resolved mans resolution although I am confident I tooke as much paines both night and day and hazarded my person as freely and as often as any Major at that Leaguer did So likewise although the Country sent in great store of provision for his Regiment gratis yet he and his under Sutlers made both my selfe and others of his Officers and Souldiers pay ready money for a great part of it to their extraordinary discontent provoking them thereby to mutiny And so full was be of arrogancy pride and contention contesting with al or most of the cheife Commanders there that Sir Iohn Meldrum told me that he kindled such a fire of contention amongst them that he durst scarce cal a Councel of Warre to consult how to manage their buysines being there continually in contestation with my Lord Willoughby Col Rossiter Sir Myles Hubbard Sir Iohn Paragraffe and divers of the Lincoln Committtee c. which did so trouble and distract the old Knight Sir Iohn Meldrum our Commander in cheife that he knew not wel what to do when Prince Rupert came upon us by reason of our own distactions among our selves And I dare confidently averre it upon my conscience that hee namely King was one of the greatest instruments of our overthrow and ruine and therefore if Thomas Earle of Lancaster Mr. Prynne in the 2. page of the foresaid booke recordeth was proclaimed a Traytor by the whole Army in the 12. yeare of King Edward the second for departing in discontent from the Army at the Siege of Barwick by meanes whereof it was not taken and the Seige raised then I desire to know what Colonell King deserveth who at the Seige of Newark carried himselfe so that hee did raise discontents and litle better then mutinies by meanes whereof the siege was not only raised but the whole Army