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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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Judges saith Martin in his history fol. 5. follow his Court upon all removes which tyred out the English Nation with extraordinary troubles and excessive charges in the prosecution of their suiths in Law and saith he fol. 4 he also enacted and established strait and severe Lawes and published them in his own language * Which was French as all the practices of the Law and all petitions and businesse of the Court were by means whereof many who were of great estate and of much worth through ignorance did transgresse and their smallest offences were great enough to intitle the Conqueror to the land and riches which they did possesse all which he seized on and took 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 add unto all the rest of their miserie to deliver them up to be judged by a strange Law they understood not whose importunity so farre prevailed with him that he took his oath the third time to preserve their Lawes and liberties but like a perjured Tyrant never observed any of his oaths and the same saith Daniel fol. 43. did Henry the first Henry the second and King John c. and yet notwithstanding there 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 conformitie between them of former times and these that followed upon this change of State and though there may be some veines issuing from former originalls yet the maine 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 and an Oppressor 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 fol. 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 holds 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 it is the late of Law that in wha● language soever it speakes it never speaks pain but is wrapt up in such difficu●ties and mysteries as all professions or proficate as it gives more affliction to the people then it doth remedy and therefore when Magna Charta after many bloody Battle and the purchase of many hundred thousand of Pounds was obtained and confirmed by Edward the first in the 25 yeare of his raign divers Patrons of their Country as Sir Edward Cooke in his Proem before the second part of his J●stitutes 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 City of London and taught such as resorted to them the Lawes of the Rea●m● taking their foundation from Magna Charta and Charta de Forresta which King Edward the second sought to impeach and therefore in the 19. yeare of his Raign by his Writ commanded the Major and Sheriffes of London to suppresse all such Schooles under great penalties such enemies are oppressors to the peoples knowledge and understanding of their lawes and liberties that so they may rule by their wills and pleasures for the impugning and infringing of which c this wicked and leud King was disthroned at the doing of which he confessed that he had been misguided and done many things wherof now too late he repented which if he were to governe againe he would become a new man and was most sorrowfull to have offended the State as it should thus utterly reject him but yet gave them thankes that they were so gracious unto him as to eldest his elde sonne for King Speed fol. 666. And Henry the third in the 38 yeare of his Raign 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 anniholate their liberties wherefore his Nobles c. sent him expresse word that unlesse he would amend his doings they would expell him and his evill Councellors out of the land and dea● for the creation of a new King Daniel Fol. 154 But I desire not to be misunderstood for in the harshnesse of my expressions against the Common law I put as I 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 that the 14 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 volluminous booke of Statutes but in my apprehension they fall farre 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 doe not possitively and legally hold out a sufficient security to hedge about to keep in peace and to preserve the splendor and glory of that underived Majestie 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 Elector representative and none else whose actions ought all to tend to that end against incroachments usurpations and violence of all its creatures officers and Ministers in the number of which are Kings and Dukes themselves from whom and for whom they have all their power and authority as the executions of their will and mind for their good and benefit and to whom they are accountable for the faithfull discharge of that trust reposed in them as not only Scripture but nature and reason doth fully prove yea and our owne writers especially the late Observator and Mr. Prynn in his Soverain power of Parliaments and Kingdomes printed by speciall authority from the House of Commons August 2. 1643. 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 successors of William the Conquerer as
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
every beast will I require it and at the hand of every man and at the hand of every mans brother will I require the life of man Who so sheddeth mans blood by man shall his blood be shed for in the Image of God made he man reade Rev. 13.10 But King though his own hands did not murder the Souldiers that lost their lives in taking it in againe yet he was the true fountain and cause wherefore their blood was shed Deut. 22.8 Judg. 9.24.2 Sam. 12.9 having apparently by his wilfulnesse and treachery lost the Town and therefore wilfull blood being upon his head he ought to make a legall satisfaction and expiation by his own blood I wish with all my soule the Parliament your Lordship and all the rest of the Judges of this Kingdome would seriously consider and ponder upon this unrepealable law of God that so wilfull murderers and blood-thirsty men might not escape the hands of Justice and so bring wrath from God upon the whole Kingdom Gen. 41.10 11.12 Deu. 19.10 Psal 106.38 Jer. 7 5 6. and 19.3 4. Lament 4.13 14. Hos 4.1 2 3. Joel 3 19. Hab. 2.8 which cannot be expiated but by the blood of him that shed it Num. 35.33 Deu. 19.12 13. 2 Sam. 4.11 12. 1 Kings 2.5 6.31.32 33. and 21.19 and 22 34 35.37 38. and 2 Kings 9.7 8 9 10 26.33.36.37 and char 24.2.3 4. but especially that you would thinke upon the grand murtherers of England for by this imperciall Law of God there is no exemption of Kings Princes Dukes Earles Barrons Judges Parliament men or Gentlemen more then of Fisher-men Coblers Tinkers and Chimney Sweepers upon whose shoulders all the innocent blood that hath in such abundance been shed in this Kingdome c. lyes for which reckoning I am sure the score is not acquitted in the accompt of God nor ought it not to be in the account of man For if the innocent and righteousnesse of one Abel cryed so loud for vengance in the eares of God against Cain that God cursed him and all he went about Gen. 4.9 10 11. 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 eares of God for wrath and vengance against those that have been the true fountain and cause of it for shed it is and upon sombody 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 sheders of it for besides the Law of God in Gen. 9. he saith plainly Numb 35.31 That there shall be no satisfaction taken for the life of a murtherer but that he shall surely be put to death and in verse 33. God declares that the shedding innocent blood defileth and polluteth a land and that that cannot be cleansed 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 Ierusalem although a King God sent bands of the Caldeans Syrians Moabites and Ammonites to destroy Iudah and remove them out of his sight for the sinnes of Manasseth their King and for the innocent blood that he had shed which the text saith The Lord would not pardon 2 Kings 24.2 3 4. Yea and because Saul though a King slew some of the Gebonites 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 own blood must and was hanged up to make satisfaction therefore 2 Sam. 21.1 2 3 4. to the 9 My L●●● the u●●●fferable provocation of Collonell 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. Prine in a case of the like nature it is the just hand of God many times so farr to dementate the very wisest polititians as to make themselves the principall contrivers of their own infamy and ruine for his Knavery lying in a hole as it were now he hath by his arresting me and bringing me before your Lordship who I conceive have nothing to doe with the businesse being it is dependant in Parliament the supream Court of the Kingdome 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 plea at large to the whole body of the Articles but must be tyed up * And although King be guilty of Treason according to Ordinance of Parliament by Articles of war established by them yet according to Law cannot be said to be guilty of Treason for violating of them 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 Serjeons 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 me nor I them nor knowes any of Kings habituated knavery nor unerstands 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 Sheriffe of which kinde of creatures I never heard any great commendations of their honesty but have heard of much jugling 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 mischief of all the opressing 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 think no man else neither doe I know where to find it or read 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 and I cannot find two of them of one mind or that can plainly describ unto me what is the way of your goings so that I professe I am in the darke amongs briers and thornes and fast in the 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 practices in Westminster-Hall to be