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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

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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
cry'd so loud for vengean●e in the eares of God against Cain that God cursed him and all he went about How much more will the blood of thousands and ten thousands of innocent persons that hath been lately shed in England cry loud in the cares of God for wrath and vengeance against those that have been the true fountaine and cause of it for shal it is and upon some body the guilt of it lyes and therefore it is but a folly and madnesse for the King Parliament or People to talke of peace till inquisition be made for Englands innocent blood and Justice done upon the guilty and wilfull sh●ders of it for besides the Law of God in Gen. 9 he saith plainly Numb 35.31 That there shall no satisfaction be taken for the life of a murtherer but that he shall surely be put to death and in vers 33. God declares that the shedding innocent blood defileth and polluteth a Land and that that cannot be clensed of the blood that is shed therein but by the blood of him that shed it and for the innocent blood that Manasseth shed in Jerusalem although a King God sent bands of the Caldeans Syrians Moabites and Ammonites to destroy Judah and remove them out of his sight for the sinnes of Manass●h their King and for the innocent blood that he had shed which the text saith The Lord would not pardon 2 King 24.2 3 4. Yea and because Saul though a King slew some of the Gahonites contrary to the Covenant made with them God sent a famine upon all Israel for three yeares for that very innocent blood shed by the King and there was no expiation or satisfaction to be made therefore but by the blood of him that had shed it and therefore because he himselfe was dead and his blood could not be had seven of his sons of his owne blood must and was hanged up to make satisfactions therefore Sam. 2.21.1 2 3 4. to the 9. My Lord the unsufferable provocation of Colonell King forceth me to present these lines unto you and I doubt not but these will tend to his long deserved ruine and therefore to speake in the words of his friend Mr. Prinne in a case of the like nature It is the just hand of God many times so farre to demen●ate the very wisest polititians as to make themselves the principall contrivers of their owne infamy and ruine for his Knavery lying in a hole as it were now he hath by his arresting mee and bringing me before your Lordship who I conceive have nothing to do with the businesse being it is dependant in Parliament the supream Court of the Kindome necessitated me to publish the whole state of the businesse betwixt him and me to the view of the world because at your Barre I cannot make a plea at large to the whole body of the Articles but must be tyed up as I am told to a single plea that is to say to plead either guilty or not guilty unto which I cannot without snares yeeld unto besides I must as I am told plead at your Barre by Serjeants at Law none of which I know and therefore will not trust them come ruine and destruction and what ever will of me Againe my Lord I must there be tryed by a Jury that neither knowes mee nor I them nor knowes any of Kings habituated knavery nor understands any thing of Martiall Law the only rule to try him and me in this case and that which is worst of all they are chosen as I am told by the under Sheriff of which kind of creatures I ne●er heard any great commendation for their honesty but have heard of much judging and packing betwixt them and such kind of crafty and large conscioned fellowes as my Adversary King the Lawyer is Againe my Lord that which is the greatest mischiefe of all and the oppressing bondage of England ever since the Norman yoke is this I must be tryed before you by a Law called the Common Law that I know not nor I thinke no man else neither do I know where to find it or reade it and how I can in such a case be punished by it I know not For my Lord I have been with divers Lawyers about this very businesse I cannot find two of them of one mind or that can plainly describe unto mee what is the way of your goings so that I professe I am in the darke amongst briers and thornes and fast in a trap by the heeles and enemies round about me ready to destroy me if I be not very wary with my tongue and which way to get out or how or to whom to call to for help I know not for such an unfathomable gulfe have I by a little search found the Law practises in Westminster Hall to be that seriously I thinke 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 J read the Scripture and the House of Commons late unparaleld Declaration it makes me thinke that the practizes in the Courts at Westminster 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 First my Lord the House of Commons declaration April 17. 1646 tels me that their intentions are not to change the ancient frame of Government within this Kingdome but to obtaine the end of the Primitive institution of all Government the safty and weale of the people amost goulden saying but I am sure it cannot be for the peoples safety nor welfare to have their lives liberties and estates Judged by a law● the entrings and proceedings of which are in Latine and so without there understanding there cases in Heathen Greeke of Pedlers French and so beyond their knowledg and man of their rules in the orracles of Judges breasts whose judments many times have been destructive to the lives liberties and estates of all the free men of England witnesse there late Judgment in shipmoney c. neiteer are such practizes agreeable to the Ancient constitutions of Kingdoms And secondly when God gives his law unto the sonnes of men he doth it plainly without ambiguous termes and in their owne language as first for Adam the law God gaue him was plaine and short with a declared penalty annexed unto it Gen. 2.16.17 And the Lord God commanded the man saying of every tree of the Garden thou mayest freely eate But of the tree of the knowledge of good and evil 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 sheadeth mans blood saith he by man shall his blood be shed for in the
discharged and it is thereupon resolved upon the question that Lievtenant Colonell Lilbourn be forthwith discharged from his imprisonment Hen. Elsing Cler. Parl. D. Com. To the Keeper of Newgate or his Deputy And that King was the instrumentall cause of my imprisonment appeares clearly to me by what I find recorded by his good friend and my grand enemy Mr. Prinne in the latter end of the 6th Page of his booke intituled the Lyer confounded and by what J find recorded under Kings hand in the 8th page of his co-partner Doctor Bustwicke Booke written against selfe for although Doctor Bastwick be now my bitter Enemy and his hand be with Kings to the Information which Doctor Bastwick here saith was put into the House of Commons against me yet I am apt to thinke that King was the Ringleader in it because at that time there was no visible nor professed breach of friendship betwixt Doctor Bastwick and my selfe Vpon which provocation by King it might be and I do believe it to be true that J might be free in my discourse at severall times of King and the forementioned charge ●f Treason given into the House of Commons against him and J am very confident it will be made good by sufficient proofes and witnesses according to the rules of Warre when it there comes to a tryall but do not own the words specified by him in every particular Therefore J conceive it unjust irrationall and Anti-Parliamentary for an inferiour and subordinate Court as the Court of Common Pleas is to medle with this businesse it being now dependent in Parliament the supream Court and unjudged there as yet although the prosecutors aree rady at their utmost perill to prove their charge against him Therefore my Lord in my apprehension Kings former mallice manifested about my commitment and his present bringing me before you are meer evasions and tricks to terrify me and all others from prosecuting him in Parliament and also under favour your medling with it in your Court it being still depending in Parliament and not by them referred to you is an incroachment upon their Priviledges and J am the rather confirmed in this opinion when I seriously read over Mr. Prinnes Booke cal'd the doom of cowardice and trenchery he being Colonell Kings very good friend and councellor and therefore his words in this case are of the more weight and authority Titus 1.12 being a professed adversary to me who citing the Rolles of Parliament of the 1. R. 2. num 38 39 40. which containes the case of Gomery and Weston hath these observations and inferences from them in the 7th page thereof That it is to be remembred that Ieffery Martin Clearke of the Crown made this very Record and delivered it thus written in this present Roll with his own hand therefore saith he from this memorable Record I shall onely observe these few particulars 1. That the Surrender of Townes or Castles to the Enemy through Cowardice or Treachery is properly examinable and tryable onely in Parliament Jt being a detryment to the whole Kingdome and so fit to be determined by the representative Body of the Kingdome 2. That the Cowardly delivering up of any Town or Castle by the Governour thereof to the Enemy is a Capitall Offence deserveth death and likewise the losse of it through his negligence or default 3. That every Governour who takes upon him the custody of any Fort or Town is obliged in point of Trust and duty under Pain of DEATH to defend it to the utmost extremity 4. That the concurrent consent of a Councell of Warre or Souldiers to render up a Town to the Enemy before utmost extremity for the saving of the Houses Lives and Goods of the Soldiers or Inhabitants is no excuse at all to justify or extenuate such a Governours dishonourable Surrender and offence 5. That those who are accused of such an unworthy Surrender of any Town or Castle ought to be apprehended and kept in safe custody till their Tryalls be past and not suffered to go at large 6. That a Governour giving timely notice of the Enemies apporach of the weakenesse of the Garrison his s●ing for timely ayd and repulsing of the Enemy for a season will no wayes excuse his surrender of a Town or Castle unlesse he hold it out to the utmost extremity or Surrender it by the consent of those who entrusted him with the Custody thereof 7. That the violent Battery of the Walles or drayning of the Dykes of any Castle or Citie or any breach made in them by the Enemy though extraordinary powerfull are no sufficient causes or excuses for any Governour to Surrender them upon composition to the Enemy while there is sufficient victuals men or ammunition to defend them And that they must in no wise be surrendred without consent of those who put in the Govirnour till the greatest part of the Souldiers be slain the victuals or ammutioun quite spent and all hopes of reliefe dispayred of utterly upon good grounds Which is cleare by the Case of Weston who made a better defence of the Castle of Outbrewick with 38. men onely against more then 8000. Enemyes who besieged assaulted battered it for 6. dayes together with nine great Cannons and other Engines and pleaded farre more in his defence of his surrender of it then many now can do for surrendring of Townes and Castles of far greater importance then this Castle was and yet for all this Weston in full Parliament was adjudged to death for it Thus far the words of an adversary to me and Kings especiall friend and councellor and therefore of the more weight and authority Titus 1.12 13. Therefore my Lord laying all these things together as 1. Col. King and J being both Soldiers under one Generall namely the Earl of Manchester who was authorized by Parliament to govern his Army by Martiall Law which Law was plainly printed by the same authority and openly published to the view of every Commander Officer Souldier for transgressing against which Artickles many in a martiall way have lost their lives and no other visible Rule that J knew off was to be the Rule and Judge of our 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 wee 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 committed in our souldier 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 representative and by my Generall from whom I had my Commission and according to the private commands of Lievtenant Generall Crumwel 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 Poppuli The safety of the People
last procured your Petitioner to be committed to the custody of the Serjeant at Armes attending this honourable House your Petitioner being thence removed to Newgate but he nor any other prosecuting any charge against him after he had lyen abuot 13. weakes there he was discharged of his imprisonment by order of this House And the said Col King the more to vex and unjustly trouble your Petitioner and to the end to take away his testimony and deterre others from appearing against the said Col. King upon his tryall upon the said Articles a little before Easter Tearme last caused your Petitioner to be arested at his own suite upon an action of 2000 l for pretended words alleadging by his Declaration that your Petitioner should have said that the said Col. King was a traytor and he gives forth in speeches he will undoubtedly recover the same against your Petitioner and thereby utterly ruine him and is indeed verry likely to doe the same by these his sinister practizes if by this Honourable House your Petitioner be not relieved protected according to justice and equity Your Petitioner therefore humbly desires this Honourable House will be pleased in regard your Petitioner hath not done or said any thing against the said Col. King but what will be proved when he shall be brought to Tryall before this honourable House upon the said Articles and Charge and for that your Petitioner cannot at Law give any Plea in Bar or justification of the words pretended to be spoken by him untill the said Col. King be either conv●cted or acquitted upon his Tryall upon the said Articles and charge to give Order and direction to the said Col. King and to the Iustices of the Court of Common Pleas where the Action dependeth to sur-cease and no further proceed upon the said Action of 2000l against your Petitioner And for the good and satisfaction of the Kingdome and the freeing and vindication of your Petitioners integrity and faithfulnesse in what he hath said or done touching the premyses to bring the said Col. King to tryall in a Parliamentary way that so he may receive co●digne punishment for the injuries and wrongs he hath done and wherewith he is charged in the said Articles And your Petitioner shall pray c. Courteous Reader if I had had roome here should have been an Errata but the principall fault passed the Presse in Page 14. line 16. read which King Edward 2. for which the King Articles exhibited against Col. Edward King for his insolencies and misdemenors in the County of Lincoln to the Honourable House of Commons in August 1644. by Mr. Mussenden Mr. Wolley and divers others of the Committee of Lincoln Imprimis That to the great discouragement of the County he doth openly declare his slighting of all mens good affections to the Parliaments service by expressing that he valueth not that men should do the Parliament serviee voluntarily but that he would by his power force them to serve 2. That he doth pay those great summes of money raysed by him out of the Country onely to whom he pleaseth against all equity and justice notwithstanding the Lord of Manchesters Order to the contrary 3. That he hath publickly declared his slighting the ordnances of Parliament done very many tyranicall arbitrary actions by imprisoning divers persons at his pleasure and exacting great sums of money at such time when necessity could be no plea with many other particulars 4. When he was before Newark he sent for a Captain who kept Crowland who obeyed his command yet sent word to him of the danger 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 to send a 100. Musquetiers to keep Crowland which he hearing of took ill that without order from him any should come into his liberties commanded them to be gone who accordingly departed the enemy 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 of many mens lives 5. That he gives protections for securing both person and goods to those who are professed enemies to the Parlament 6. That he imployeth such officers as are altogether unfit for the Countryes service 7. That he doth most grossely and unworthily affront and abuse the wel-affected Gentry of the Country 8 That he doth encourage desperate Malignants and animateth them against the wel-affected 9. That he his officers have imprisoned men wel-affected to the Parliament and caused their houses chests trunks c. to be searched for pewter brasse linnen and threatned that they would make it cost one of them his whole estate and that one of his officers would not take three hundred pounds for his own satisfaction 10. That at the siedge before Newark such provision as the country had voluntarily and freely sent in to Col. Kings quarters at Winthorp for the maintenance of the souldiers his officers would not deliver wi●hout money although they had not pay to the extream oppression and discouragement of the Country 11. That he sent three warrants to Capt. Bushy at Tatte●shall to take away a great quantity of Wooll which was bought by Mr Rawson one of the Committee and paid for with his own money and so the said Rawson is likely to lose his estate although he hath been a sufferer both for Church and common wealth this twenty yeares and hath made him a malignant both in his words and letters as much as in him did lye 12. That when the enemy tooke Grantham they being b●a●en from one part of the town wheeled about to fall upon the other side at a place cal'd the Spittle-gate which Major Sarvil being then Major of the town perceiving commanded Col. King being then Capt. of a Company thereto march with his Company to defend that place Col. King answered that he scorned to be commanded by him and rather then he would be commanded by him he would take his company and let the enemy into the town and he delayed so long before he would go that the enemy was entred at the said Port before he came thither by which meanes he betrayed that town 13. That when Commissary Iames had brought in certain sheep from a malignant for the reliefe of the siedge at Newarke being then in great want Col. King caused the the said sheep to be restored to the malignant and told the Commisary that he deserved to be hanged with divers other threatning and reviling speeches notwithstanding he had order from Sir John Meldrum and the Committee for the taking of them 14. That Colonel King having promised the Lord of Manchester to raise a great number of Horse and Foot the said Col. King as did appeare not knowing how to rayse so great a number did to the great discouragement of the Country take this course In the first place he cashiered Major Syler with him three hundred Voluntiers which served on their own charge who with the townsmen had alwaies defended the town of Boston that he might presse them to serve under him for pay And secondly he did sieze upon detain four or five of the Foot Companies belonging to the Lord Willoughby and did cashiere some of the Captaines because they refused to forsake my Lord to serve under him 15. That the Troopes of Colonel Crumwel which were lost at Coleby and Waddington were treacherously or ignorantly betrayed by Colonel King 16. That to the great discouragement of the Country he doth oppose and quarrell with such as have been most serviceable to the Country and such in whom the power of Religion is most eminent viz L. G. Crumwel Mr Ram and others that he imprisoned divers other very godly men and that for exercising the very power of godlinesse which he did in a very vile manner and stil continueth an utter ememy such men as namely L C. Berry Major Lilburne Capt. Camebridge and others 17. That to the great discontent and discouragement of the Country he and his Officers did quarrell with slight the Committee at Lincoln which was setled by ordnance of Parl. who were men of the best estates quallity integrity and such as were especially commended to serve the Country and publickly villifying them and their actions and assuming their power without any authority 18. That before this War began he was an open and publick scoffer of religious men 19. That he is a man of a turbulant factious spirit of mean condition estate for so absolute a command that he hath received vast sums of money amounting to about 20000l much of which he hath levied in an illegall and obscure way and issued out accordingly for which it is desired he may give a speedy accompt likewise of the rest of his actions 20 That in a factious seditious manner he did employ some Agents to deliver blue Ribbonds to such as would stand for him and sh●w themselves his friends to the great terrour and discontent of the Country and the hazard of raysing a dangerous mutinie 21. That he kept about twenty men to wait on him whom he called his Life guard to whom he gave extraordinary pay though they were exempted from all duty except it were to wayt upon him advance his reputation and awe and affright the Country 22. That he did awe and gain the Country wholly after him and that he might with better colour domineere falsly stiling himself Lievtennant Generall of the County of Lincoln FINJS