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england_n earl_n king_n parliament_n 7,300 5 6.6886 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

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and all charges upon the Lands all Bonds and Contracts of any vall●● for saith he it is a hard matter to find out all Recognizances Iudgements extents and other charges and too chargeable for the Subject that for 12 d. or some such small matter might know in whom he interest of Land remaines and what incumbrances lye upon it and every estate or charge not entred there to be void in Law and that the country have●h chusing of the Registers in their respective Counties once a yeare upon a fixed day and tha they have plain-rules and limitations made by the authority of Parliament and severe penalties inacted for the transgressing them My Lord I hope you will not be offended at me for my plainesse especially if you consider the necessities laid upon me for I professe really I am not able to imagine any other remedy for my preservation but this having had my Petition about this businesse above a month in divers of my friends hands in the House of Commons but cannot get it read And having contested this 7. yeares with all sorts and kind of persons that would destroy me and having often been in the field amongst Ballets and Swords to maintain the Common Liberties and Freedomes of England against all the traytorly oppugners thereof and having by the goodnesse of my God escaped many dangers and deaths and being in my own apprehension ready to be ruinated and destroyed by a weapon Inferior to a T●ylors Bodkin namely a Formallity or Puntillo in the Law it hath rouzed up my spirits to charge it with a Souldiers pure resolution in a new and unwonted manner being necessitated to cast all care behind me and say unto myselfe that as hitherto I have not lived by any mans favour and grace so for my own safety I will now be affraid of no mans indignation or displeasure cost what it will and if J perish I per●sh 2. If your Lordship or any other great man be moved with choller or indignation against me as I desire you may not and shall endeavour to doe me a mischiefe for this my plain dealing I hope I shall be kept out of danger by the authority of the Parliaments own Declarations but especially by those words of theirs in their exhortation to men to take their Covenant which are thus And as for those Cleargy men who pretend that they above all others can not Covenant to extirpate Episcopall Government because they have as they say taken a solemne oath to obey the B●shops in licitis honestis they can tell and if they please that they that have sworn obedience to the Lawes of the Land are not thereby prohibited from endeavouring by all lawfull meanes the abolition of those Lawes when they prove inconvenient or mischievous c. And I am confident that if J fall into the hands of those that made the Covenant who are the fittest interpreters of it I shall doe well enough But from the Sect of the Adamites that would have no man live in England that are honester then themselves and from the late London Remonstrators that would have all men disfranchized although never so honest that are not of their minds and Judgements and who doe and would rob the representative body of all the Commons of England of their Legislative power and from the Executors of strange and unknown Lawes which destroy and undoe men though never so upright by formallities and puntillo's good Lord deliver Your Lordships Servant and a true bred Englishman JOHN LILBVRNE From my House in Halfe-Moon Alley in P●tty-France near Bishops Gate Lond. Iune 6th 1646. The forementioned Petition thus followes To the Right Honourable the Representative Body of the Commons OF ENGLAND In PARLIAMENT assembled The humble Petition of Lievt Col. IOHN LILBVRNE Sheweth THat upon the differences betwixt the King and Parliament the Commons of England for the defence and preservation of their Lawes and just Liberties by authority of Parliament were necessitated to take up Armes for the suppression of the Forces raysed by the King In this Warre against the Parliament the Forces raysed in the Eastern Association were committed and entrusted under the command of the Earle of Manchester as Major Generall there from whom your Petitioner had a Commission to be Major to Col. King and particular instructions and private directions from Lievt Gen. Crumwel to take and give unto them or one of them upon all occasions Information and Intelligence of the State and condicion of Lincoln-Shire under the command of the said Colonel King and of the cariage and behaviour of the said Col. King towards the Country and Souldiery and how he discharged his place and trust Which your Petitioner with all faithfulnesse and diligence did accordingly to his extraordinary expences not neglecting any advantage or oportunity which might further the publicke service or discover the designes of the Enemy or the said Col. Kings miscariage and neglect of his trust and duty the said Col. King taking upon him an unlimited and unwarrantable power destructive to the trust reposed in him Tha● upon your Ptitioners discovery and making known both unto the Earl L. Gen. Crumwel according to his instructions and trust reposed in him the malignancy insolencies and unfaithfulnesse of the said Col. King to the State in the neglect of his charge his bad usage of the Country to the great dis-service of the Parliament and danger of the losse of the whole Country Crowland being by him betraid unto the Enemy and was not regained without great charge and hazard yea and the losse of many mens lives the said Col King was thereupon discharged and put out of all his commands and offices being then very many and profitable but was not brought to tryall for his said offences at a Councell of Warre which your Petitioner and others much endeavoured to have done Whereupon Mr. Mussenden Mr. Wolley divers others Gentlemen of quallity of the Committe of Lincoln in August 1644. exhibited to this Honourable House severall Articles since printed a Coppy whereof is hereunto annexed against the said Col. King thereby chargeing him with severall Treasons Insolencies setting up and exercising an Arbitrary exorbitant and unlimited power over the Country and Souldiery with many other insolencies and soule misdemeanors all which are yet depending before this honourable House and not yet determined being some of them for or concerning the losse and surrender of Townes to the Enemie through his treachery or negligence and so the offence Capitall and properly examinable and onely tryable in Parliament as appeares Rot. Parl. 1. Rich. 2. Nu. 38.39.40 Rot. Parl. 7. Rich. 2. Num. 17.22 Now the said Col. King being privie to his owne guiltinesse and well knowing your Petitioner to be a principall witnesse for the proofe of divers of the said Articles out of his mallice and wickednesse to your Petitioner upon a groundlesse complaint untrue surmises made by him to this Honourable House in Iuly