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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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House of Commons † See Dr. Bastwicks defence against me pag. 8. and my printed Epistle about that businesse daited Iuly 25. 1645. caused me to be committed as a prisoner and as a prisoner by vertue of that his uniust procurement I lay till the 14 of October 1645. to my extraordinary charge and dammage yea and to the hazzard of my life as I could easily truly and undeniably demonstrate but at present read my booke called Innocency and truth iustified pag. 29. 30. 31 32. And yet neither he nor any man for him ever prosecuted any charge against me for although I lay so long yet was I delivered before ever I knew truly and legally wherefore I was imprisonned as appeares by the following Coppy of my releasement Die Martis 14 October 1645. MR. Recorder acquainted the House that two Sessions were now passed since Lievtenant Colonel Lilburn was removed to Newgate and had continued a prisoner there and that no information or other charge had been yet brought against him and at this last Sessions he humbly desired either to be tryed or to be discharged and it is thereupon resolved upon the question that Liev. Col. Lilburne be forthwith discharged from his imprisonment To the Keeper of Newgate or his Deputy Hen. Elsing Cler. Parl. D. Com. And that King was the instrumentall cause of my imprisonment appears 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 pag. of his booke intituled the Lyar Confounded and by what I find recorded under Kings hand in the 8th pag. of his co-partner Dr. Bastwicks book written against my selfe for although Dr. Bastwick be now my bitter Enemy and his hand be with Kings to the information which Dr. Bastwick there saith was put into the House of Commons against me yet I am apt to thinke that King was the Ring-leader in it because at that time there was no visible nor professed breach of friendship betwixt Dr. Bastwick and my selfe Vpon which provocation by King it might be and I doe believe it to be true that I might be free in my discourse at severall times of King and the forementioned charge of Treason given into the House of Commons against him and I 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 doe not own the words specified by him in every particular Therefore I conceive it uniust irrationall and Anti-Parliamentary for an inferior and subordinate Court as the Court of Common Pleas is to meddle with this businesse it being now dependent in Parliament the supream Court and unjudged there as yet although the prosecutors are ready 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 terrifie 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 I am the rather confirmed in this opinion when I seriously read over Mr. Prinnes Booke cal'd the doom of Cowardice and Treacherie he being Colonel 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 in his 2 3 4 5 6 pages which containes the case of Cominy and Weston hath these observations and inferences from them in the 7 page thereof That it is to be remembred that Jeffery 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 only observe these few particulars 1. That the surrender of Towns or Castles to the Enemy through Cowardice or Treachery is properly examinable and tryable only in Parliament It 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 Paine of DEATH to defend it to the utmost extremity 4. That the concurrent consent of a Councell of Warre or Soldiers to render up a Town to the Enemie before utmost extremity for the saving of the Houses Lives and Goods of the Soldiers or Inhabitants is no justifie excuse at all to exten●a●e 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 goe at large 6. That a Governour giving timely notice of the Enemies approach of the weaknesse of the Garrison his suing for timely said and repulsing of the Enemie for a season will no wayes excuse his surrender of a Town or Castle unlesse he bold it out to the utmost extremity or Surrender it by the consent of those who intrusted 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 Enemie while there is sufficient victualls men or ammunition to defend them And that they must in no wise be surrendred without consent of those who put in the Governour till the greatest part of the Soldiers be slaine the victualls or ammunition quite spent all hopes of reliefe dispaired of utterly upon good grounds Which is cleare saith he by the case of Weston who made a better defence of the Castle of Outhrewick with 38. men onely against more then 8000. Enemies who besiedged 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 doe 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 farre 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 I being both Soldiers under one Generall namely the Earl of Manchester who was authorized by Parliament to govern
were not a private store house for powder and he told me none at all then we began to reckon how many barrels were gone out since he assured Maior Frankling and my selfe that he had a 100. in store and all that both the Magazine Keeper and my selfe could reckon with those 10. in his hands and all he had since that day delivered out was as I remember ●4 or 26. Whereupon I went to Alderman T●lsons and asked him whether the Maior himselfe and the rest of his brethren had not a private Magazine and he told me no but asked me wherefore I demanded such a question of him whereupon I told him all the story at which he stood amazed and from him I went to Col. Kings wife and desired to know of of her whether she knew of any private Magazine of powder that her husband had and she told me no. Then I told her all the businesse and said to her that I wondered her Husband should assure Maior Frankl●ng and my selfe that he had 100. barrels of powder when he had but 28. and that he should send for all that he had left out of the Garrison assuring her that if the ten barrels he had sent for should be sent him we should not have one left in the Magazine to defend the Towne with being then in expectation of the Enemy to assault us I told her for my part I could not pick out the English of it which I desired the Earle of Manchester seriously to consider of who seemed then to be very much affected with it And I being by the Generall sent post to London to the Committee of both Kingdomes about his marching to take Lincolne againe and from thence to march to Yorke to joyne with the Scots I in the third place ceased not to put that which lay upon me as a duty forwards as soon as an opportunity served and renewed my complaint aga●nst him at Lincolne and desired it might receive a faire hearing before the Generall and a Counsell of Warre and Mr Archer and others of the Committee of Lincolne drew up a very hainous charge against King and laboured hard for a tryall and in the third place the Major and Aldermen and Town Clerke of Boston came to Lincolne with their Articles against him which were home enough and to my knowledge pressed Leiu Generall Crumwell to use all his interest in my Lord that they might be admitted to make them good before him and a Counsell of Warre but wee could not all prevaile the reason of which I am not able to render unlesse it were that his two Chaplins Lee and Garter prevailed with the Earles two Cha●lins Me Ash and Good to cast a Scotch-clergy mist over their Lords eyes that he should not be able to see any deformity in Colonell King but this I dare confi●ently say if there we had had faire play and justice impertially King had as surely dyed as ever Malifactor in England did and to use the words once again of his own bosome friend and Counseller Mr. Prinne in page the 6 of the fore cited book If the late Baron of Graystock who was a Lord and one of the Peares of the Realme and had taken upon him safety to keep to the aforesaid Granfather King of England the Town of Barwick The said Barron perceiving afterward that the said Granfather addressed himselfe to ride into France the said Barron without command of the said Granfather committed the said Barwick to a valiant Esquire Robert Deogle a Leiv to the said Barron for to keep safe the own of Barwic to the said Grandfather and the said went as an horse man to the said parts of France to the said Granfather and there remained in his company During which time an assault of war was made upon the said Town of Barwick by the said Scots and the said Robert as Leiv to the said Barron valiently defended the same and at last by such forceable assaults the said Town was taken upon the said Robert and two of the sons of the said Robert slain in the defence of the same notwithstanding that the said Barron himselfe had taken upon him the safeguard of the said Town to the said Granfather and departed without command of the said Granfather and the said Town of Barwick lost in the absence of the said Barron he being in the company of the said Granfather in the parts of France as aforesaid It was adjudged in Parliament before his Peares that the said Town was lost in default of the said Barron and for this cause he had judgement of life and member and that he should forfeit all that he had I say if this Lord deserved to dye who left a deputy so manfully to defend the Town also was himself with the King in the service much more C. King meerly in reference to Crowland singly who being Governer thereof and having placed Captain Cony therein as his Deputy with a company of men sent for him in a bravado humour to Newarke when he had no urgent necessity for him unlesse it were that the world might see the bravery of his Regiment which by his argumentation amounted to about 1400 when Cap. Cony certified him that the Towne being generally Malignant c. would be in great danger by the Beaverkers of being lost if he should come away yet notwithstanding King sent to him againe and did command him away and put in a guard of slender and unsafe men which presaged a losse of it to the Committee residing in Holland upon which they acquainted Commissary Generall Ireton then Deputy Governour of the I le of Ely and earnestly intreated him to send a strong guard to preserve and keepe it and he accordingly sent as I remember Captain Vnderwood a stout man with about 100. Souldiers c. of which when King heard he was exceeding mad and did write a most imperious bitter Letter yet as I beleeve in the hands of Commissary Generall Ireton to command them out of his jurisdiction whereupon they were necessitated to depart and leave Crowland to his own slender and treacherous guard by meanes of which within a little while after the Enemy had advantage to surprize that Town without opposition or difficulty and did it So that to speake in the words of the Articles remaining in Parliament against him he betrayed that Town which was not regained without much hazzard and losse the expence of a great deale of treasure and many mens lives the blood of all which lies upon his head for the losse of which alone besides his treachery both to the State universall and representative he ought to dye without mercy by the Morall and undispensable Law of God made long before that ever the Jewes were a Nation or had any cerimoniall Law given unto them which law is expressed in Gen. 9.5 6 where God spaking to Noah and his sons saith thus And surely your blood of your lives will I require at the hand of
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