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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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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
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
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