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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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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
I have largely elsewhere clearly manifested yet alas in my apprehention it falls 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 pactizes to this day yet remaines in the administrations of the Common Law at Westminster Hall by reason of their tediousnesse ambiguities unceartainties the entryes in Lattine as bad as 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 we were free in every particular else that our hearts can think of yet were we slaves by this alone the burthen of which singly will pirce and gall our shouldiers and make us bow and stoop to the ground ready to be made a prey not only by great men but even by every cunning sharking knave and therefore it is no wonder that Mr. Glyn the present Recorder of London and the rest of his jangling contentious tribe of Lawyers in the House of Commons were lately such bitter enimies against the great Petition of the honest plaine Citizens of London which Petition you may read in my printed Epistle of the 31. May 1647. to Col. Hen. Martin pag. 29 31 32 33 34 35. as they were that nothing would serve their turnes but to have it burnt by the hands of the hang-man seeing it honestly desires the remedie of the aforesaid grand evils which if it should be downe goes the Lawyers wicked trade which principally consists in setting the people together by the eares each with other whose jangling deviding practizes are as sutable to the peace of a well governed Common-wealth as Gunpouder and Brimstone is to quench a fire O therefore that your Lordship would desire and solicite our honourable Parliament according to the late Declaration forever to anihilate this Norman innovation and reduce us back to that part of the antient frame of government in this Kingdomes before the Conquerers dayes and that we may have all causes and differences decided in the County or Hundred where they are committed or do arise without any appeale but to a Parliament and that they may monthly be judged by twelve men free of honest condition chosen by themselves with their grave or chief Officer amongst themselves that they may be tyed by a pennall law without oaths 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 and right governed Common-wealths and for faciliating of this worke and the prevention of fraud I shall only make use of Mr. Iohn Cooks words a Lawyer of Grayes Inn in the 66. pag of his late published book 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 lands and all bonds and Contracts of any value for saith he it is a hard matter to find out all Recognizances Judgements extents and other charges and two chargeable for the Subject that for 12. d. or some such small matter might know in whom the 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 the chusing of the Registers in their respective Counties once a yeare upon a fixed day and that they have plaine rules and limitations made by the authority of Parliament and severe penalty inacted for the transgressing them which penaltie is the only way to keep them in awe and to doe impartiall justice and right My Lord I hope you will not be offended at me for my plainnesse 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 moneth in divers of my friends hands in the House of Commons but cannot get it read And having contested above this 7. yeares with all sorts and kind of persons that would destroy me and having often been in the field among Bullets and Swords to maintaine the common liberties and freedomes of England against al the declared trayterly oppugners therof and having by the goodnes of God escaped many dangers and deaths and being in my own apprehension ready to be ruinated and destroyed by a weapon inferior to a Taylors Bodkin namely a Formallitie or Puntillo in the Law it hath rouzed up my spirit to charge it with a Soldiers pure resolution in a new and unwonted manner being necessitated to cast all care behind me and say unto my selfe that as hetherto I have not lived by any mans favour and grace so for my own safety I will now be afraid of no mans indignation or displeasure cost what it will and if I perish I perish down right honesty and plaine dealing being to me the best pollicie knowing that uprightnesse begits boldnesse 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 authoritie of the Parliaments own Declaration but especially by those words of theirs in their exhortation to men to take their Covenant which are thus And as for those Clergy men who pretend that they above all others cannot Covenant to extirpate Episcopall Government because they have as they say taken a solemn oath to obey the Bishops in licitis honestis they can tell and if they please that they that have sworne obedience to the Law of the Land are not thereby prohibited from endeavouring by all lawfull meanes the abolition of those Lawes when they proue inconvenient or mischievous c. And I am confident that if I fall in●o 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 * Alderman Adams was then Lord Major and a chiefe promoter of the Cityes damnable and wicked Remonstrance that would have no man live in England that are honester then themselves and from the late London Remonstrance that would have all men disfranchised 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 executi●ners of strange and unknown Lawes which destroy and undoe men though never so upright by forma●lities and puntillo's good Lord d●liver From my house in Halfe-moon Alley in Petty-France neer
that he would by his power force them to serve 2 That he doth pay those great summes of money raised by him out of the County only to whom he pleaseth against all equity and justice notwithstanding the Lord of Manchesters O●der to the contrary 3 That he hath publickly declared his slighting the Ordinances of Parliament and done very many tiranicall and arbitrary actions by imprisoning divers persons at his pleasure and exacting great summes of money at such time when necessity could be no plea with many other particulars 4 When he was before N●wark he sent for a Captain * viz. Captaine Cony who kept Crowland who obeyed his command yet sent word to him of the danger that town was in and therefore d●sired his second pleasure which was that he ●ould march who accordingly did the Gentlemen of the Country fearing the enemie procured Major Ireton * Now Commissary 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 and commanded them to be gone who accordingly departed the enemie presently surprized the towne 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 Parliament 6. That he imployeth such Officers as are altogether unfit for the Countryes service 7. That he doth most grosly 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 and his officers have imprisoned men wel-affected to the Par●iament and caused their houses chests trunks c. to be searched for pewter brasse and linning and threatened that they would make it cost one of them his whole estate and that one of his officers would not take three hun-pounds for his own satisfaction 10. That at the siedg before Newark such provision as the Country had voluntarily and freely sent in to Col. Kings quarters at Winthrop for the maintenance of the souldiers his officers would not deliver without money although they had not pay to the extreame oppression and discouragement of the Country 11. That he sent three warrants to Cap Bushy at Tattershall to take away a great quantety of wool 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 com-wealth this twenty years and hath made him a malignant both in his words and letters as much as in him did lye 12. That when the enemie took Grantham they being beaten from one part of the town wheeled about to fall upon the other side at a place cal'd the Spittlegate which Major Savil being then Major of the towne perceiving commanded Col. King being then Capr. of a Company there to 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 enemie into the towne and he delayed so long before he would goe that the enemy was entred at the said port before he came thither by which meanes he betrayed that town 13 That when Comm●ssary James had brought in certaine sheep from a malignant for the reliefe of the siedge at Newark being then in great want Col. King caused the said sheep to be restored to the malignant and told the Commisary that he deserved to be hanged with divers other threatening reviling speeches notwithstanding he had order from Sir Iohn Meldrum and the Committee for the taking of them 14. That Col. 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 raise 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 Volentiers which served on their own charge who with the townesmen had alwayes defended the town of Boston that he might presse them to serve under him for pay And secondly he did sieze upon and detaine 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 and to serve under him 15. That the troopes of Colonel Cromwel which were lost at Coleby and Waddington were treacherously or ignorantly betrayed by Colonel King 16. That to the great discouragment 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. Cromwel Mr. Ram and others and that he imprisoned divers other very Godly men and that for exercising the very power of Godlines which he did in a very scornfull and vile manner and still continueth an utter enemie to such men as namely L. C. Berry Major Lilburne Capt. Cambridge and others 17. That to the great discontent and discouragement of the Country he and his Officers did quarell with and flight the Committee at Lincoln which was setled by ordinance of Parl who were men of the best estates quality and integrity and such as were especially commanded to serve the Country and publickly vilifying them and their actions and assuming their power without any authority 18 That before this war began he was an open and publck persecuter and scoffer of religious men 19 That he is a man of a turbulant and factious spirit of meane condition and estate for so absolute a command that he hath received vast sumes of money amounting to about 20000l much of which he hath levied in an illegal and obscure way and issued out accordingly for which it is desired he may give a speedy accompt and likewise of the rest of his actions 20. That in a factious and seditious manner he did imploy some Agents to deliver blue ribbonds to such as would stand for him and show themselves his friends to the great terrour and discontent of the Country and the harzard of raising a dangerous mutinie 21. That he kept about 20. men to wait on him whom he cald his life guard to whom he gave extraordinary pay though they were exempted from all dutie except it were to wait upon him advance his reputation and awe and affright the Country 22. That he did awe and gaine the Country wholy after him and that he might with better colour domineere falsly styling himselfe Lievtenant Generall of the County of Lincoln To his much honoured friends the Councell of Adjutators Honoured and faithfull Gentlemen HAving this day received a message by Lievtenant Chillington and one more as comming from
your selves to desire me safely to state my cause to you that so too morrow at the grand Councell of the Army you might be able cleerly to expresse your results about it and desires to the Parliament upon it In briefe the case is thus after my deliverance out of Oxford Castle I was made Major by Lievt Gen. Crumw●ll means to Col. Edward King in Lincolneshire who severall wayes betrayed his trust and did divers such actions that he deserved by the Articles of warre and Ordinance of Parliament to loose his life of which I according to my duty and the trust reposed in me complained to my then Generall the Earle of Manchester and Lievt Gen. Crumwell and with indefatigable paines for divers moneths together spent good store of my own money about it but could not from the hands of my then Generall obtaine one dram of effective justice upon Col. King saying the lose of his great and many commands although the Committee of Lincolnshire and the Magistrates of Boston and Lievt G. Crumwell were all prosecutors as well as my sel●e Whereupon in August 1644 Mr. Mussenden and Mr. Wolley and divers of the Committee of Lincolne preferred a formall impeachment of high treason according to Ordinance of Parliament and the rules of Warre to the House of Commons containing 22. Articles against the aforesaid Col Edward King which they caused to be printed and which I reprinted at the latter end of my Epistle to Iudge Reeves da●ted Iune 6. 1646 in the 4. and ●2 Articles of which they possitively accuse him for traiterously betraying Crowland and Grantham into the hands of the Cavieleers then professed enemies in Armes to the Pa●li●ment and my selfe being an active prosecuter of King to bring him to a tryall in the House of Commons upon the said impeachment by way of revenge he confederates with D. Bastwick then bitter against me for my constant activitie against the persecuting Presbyterian Government and upon the 12 of Iuly 1645. joyntly with him sends a Which said lying and false paper you may read in the 8. p. of Bastwicks most abusive printed defence against me of the 9. of August 1645. and in the 6. page of Pryns base and lying book called the Lyar confounded in unto the Speaker or some other of the House of Commons a most lying false malicious paper under their hands against Col. Ir●ton Mr. Hawlins and my selfe about 60000. l. that then was said to be sent to Oxford by the Speaker information of which was that day in the morning given into a Committee of the house of Commons by 3. Citiz●ns of London viz Mr. Pr●tty Mr. Rawson and Mr. Worly whereupon about 8. or 9 a clock at night by the Speakers means in the House of Commons contrary to all equitie law justice and conscience w●thout either knowing my accuser or accusation or so much as being called into their House though then at their doore to speake one word for my selfe voted by the House into the custody of the Serjeant at Armes b Wh●ch Order you may read in the 13 pag. of my answer to Pryn called Jnnocency and truth justified dated in Decemb. 1645. and as prisoner without any more adoe I remained with his man Knight till the 9. of August 1645 at which time corrupt Mr. Lawrence Whittaker and the rest of the Committee of Examination most illegally contrary to all law committed me to Newgate prison for refusing to answer to their unjust Interrogatories concerning my selfe c Which illegall order you may also read in the 17. pag of the aforesaid Innoceny c. and my foresaid malicious enemies by their powerfull interest prevailed with the house of Commons upon the 26. of August 1645. to make an expresse Order to try me at Newgate Sessions d Which mal●cious order you may likewise read in the 30. pag of the aforesaid Innocency and Truth justified before Mr. Glyn Recorder of London my professed enemy and who as I was told had threatned my utter distruction and in all likelyhood I had hanged for it if God had not inabled me fully and effectually to have staited my cas● w●th my pen which I presented in print to the wo●ld e And which by the Author of Englands Birth-right is reprinted at the beginning of that not able book and my ●ury before they passed upon me which as I was told gave them such ample satisfaction that they would not meddle with me and so by spec●a●l order of the House of Commons of the 14. of October 1645. I was freely discharged f Which discharge you ma● read in the 35. pag. of Innocency and truth justied without being ever charged by any man all that time legally with the least crime in the world the whole story of my then unjust usage you may fully read in my book called Innocency and truth justified being ignorant to this very houre of the true or declared cause wherefore I was so committed and tossed and tumbled by the House of Commons saving but for what I find in Bastwicks and Pryns abusive books mentioned before in the Mergent And being at liberty I followed my Star-Chamber businesse then depending in the House of Commons and with much adoe as you may read in the 67 72. pages of Innocency and truth justified got it from thence transmitted to the Lords before whose bar upon the 13. of Feb. 1645. I had with my councell Mr. Bradshaw and Mr. Iohn Cook a fair and just hearing upon which they made an effectuall and legall Decree g Which Decree you may read in the latter end of my relation of my Councells plea before the Lords the 13. Feb. 1645. for the destroying and annihillating of that most illegall and bloody sentence past against me in the Star-Chamber in Anno. 1637. and within a few dayes after decreed me 2000. l. for my dammages or reparations and transmitted an Ordinance down to the house of Commons for inabling me to receive the money in which House that Ordinance hath laid do● 〈◊〉 ever since But Col King knowing I was the chiefest man he was in danger of judged himselfe not safe nor long lived if I should gi● that money which would enable me with vigour and strength to prosecute him which he kn●w well enough I would doe therfore to divert me and to be revenged of me he most maliciously and causelesly upon the 14. of April 1646. contrary to the just priveledge of Parliament and the common law of h See Vox Plebis pag. 23 24. England caused me at Westminster as I was following my businesse then depending before the House by whom I ought therefore in justice to have been protected against him by the Bayliffe thereof to be arrested into the court of common Pleas in an action● or trespasse for 2000. l. pretending that I in October before had said Col King was a Traytor and I would prove him one whereupon I clapt in my petition to the House
of Commons to desire them to appoint a time according to justice and reason for the bringing the said Col. King to a tryall in a Parliamentary way upon the said impeachment depending before them being ready thereupon to justifie any thing I had said of the said King desiring according to reason equity and justice they by order would suspend the determination of the said Kings action of 2000. l. in the Common Pleas till in a Parliamentary way he was upon his said impeachment either condemned or justified and I improved all the interest I had in the world both in Lievt Gen. Crumwell then sitting in the House and all the rest of my friends I had there but could not so much as get it read a reasonable answer of which i Which Petition is printed at the latter end of my Epistle to Iudge Reeves which you may read in the 20. 21. pag. of the 2. Edition of it foregoing this relation had kept of all my present sorrowes and down to Oxford Leager with L. G. Crumwell J went to see if with C Ireton and other of my friends there I could do any thing to s●ave of a tryall at Common law till the tryall in Parliament was over but my journey was to no purpose saving vexation to my selfe so left in the suds by L. G. Crumwell who first ingaged me in it and promised to stand to me So up to London I came and to variety of Councell I went from all of whom I did understand that by the strength of the Common law I must put in no other Plea then either guilty or not guilty and likewise that the Common Law tooke no notice of Ordinances or Articles of War nor of any thing called treason but what was done against the King by which argument Col. King in the betraying of Grantham and Crowland to the Kings party had done that which was justifiable and not punishable which was more then I knew before so that in this extraordinary transcendent strait to save my self from being condemned by a Iudge whose power flows meerly from an Ordinance of Parliament in 2000. l. for no other crime but for the faithful endeavouring to discharge my duty to the Parliament in endavouring the punishment of one professedly under the Parliaments jurisdiction for violating transgressing their Ordinances unto which he himself stooped sub●i●ted I was of necessitie forced and constrained when all other just and rationall wayes and meanes failed me to pen my plea my selfe and in print direct it to the Iudge and called it the just mans justification now with the whole relation of my present suffering in the hands of Mr. Saxby In the pening of which I was necessitated to touch upon the Earle of Manchesters b●s● unjust and unworthy dealings with me And the Earle of Manchester being my professed and implacable enemy who formerly would have hanged me for being over quick in taking Thickell Castle for my so deeply ingaging with L.G. Crumwell in his charge of treason and breach of trust given into the House of Commons against he said long ●●nce deserving to be beheaded Earle of Manchester and for which I am sure ●e injustice long since fully deserved to loose his head a For a Member yet sitting in the House of Commons with in a day or two after Mr. Lile made the report of ●his examination of that businesse to the house told me that in his judgement the charge against Strafford com●●●mely was but a toy to it and not 〈◊〉 quarter so punctually and fully proved took the advantage being then speaker of the House of Peers to revenge himselfe of me and as I have no other cause to think procured an order in the House of Lords of the 10. Iune 1646. contrary to the knowne and declared law of England contained in Magna Charta and the Petition of Right and in Sir Edward Cookes exposition of Magna Charta pag 28. 29. 46. 50. printed by two speciall Orders of this present House of Commons for the summoning me a prisoner to answer a criminall charge at the Lords Bar who by law are none of my judges as their Predicessors doe upon Record in full and open Parliament ingeniously confesse b See their confession in the ●ase of Sir Simon de Berisford printed in the 18 19. pages of my book called the Oppressed mans oppressions declared See also Regall tyrannie pag. 43 44 45. 72 73 74 75 76. 86. 96. 97 and Vox Plebis pag. 39 40 4● See Iudge I●nk as printed Declaration And although for gratitude sake to them for their forementioned justice I obeyed their warrant and appeared at their Bar yet in the manner of their proceedings with me they outstript the known rules of the law of England and neither gave me a charge either ve●ball or in writing nor never produced either accuser or witnesse but by their Speaker the Earle of Manchester my declared enemy most inquisi●ion and ●tar-Chamber like pressed me to answer to Interrogatories against my selfe which I with all respect and ●oderation told them was against the tenour of Magna Charta and the Petition of Right which practice they themselves had deeply condemned in the Star Cham●er but the 13. Feb. before in my own case as by their Decree fully appeares and given me 2000. l. dammages against them for proceeding with me in that very way and I told them I hoped they would not now build up what the other day in my own case they had destroyed but no withstanding my foresaid malicious adversarie the Earle of Manchester pressed me againe and againe possitively to answer his illegall Interrogatories c See my relation of all the proceedings then in my book called the last mans iustification dated from Newgate in Iune 1646. and being for my refusall likely in my own thoughts to goe to prison I was necessitated out of that duty I owe to my selfe and my Country to deliver in a paper at their bar under my hand and Seale containing a Protest against their jurisdiction over me in the case then in controversie betwixt us and an appeale to the House of Commons in the justification of which I will live and dye stand or fall my legall Peers and Equalls for protection justice and right against their illegall usurpations for which very paper and nothing else they committed me to Newgate Prison d As appeares by their warrant printed in the book last named pag in which book you may also read in my Protest against the Lords and my appeale to the House of Commons from whence upon the 16. of Iune 1646. I sent to the House of Commons my legall and formall Appeale which they received read approved of and committed it to the speciall examination and tryall of a select Committee whereof Mr. Henry Martin had the Chaire who hath failed ever since to make my report unto the house though two severall times he fully examined all my businesse But in
regard the bearer is in hast and I cannot well for want of time at the present particularly state the rest that hath past I have inclosed for your information a coppy of my wives large petition presented to the House about September last e Which Petition you may read in the 73. 74. 75. 76. pages of Regall tyranny c. 〈◊〉 also in my own book called Londons Liberty pag. and at the last end of the outcryes of oppressed Commons which fully states my case to that present being of my own drawing up for her upon which I had a new and very full hearing upon the 6 of November 1646 before Mr. Henry Martin which you may at large read in my book called an Annotamy of the Lords tyranny who yet never made my report the want of which is that 〈◊〉 that causeth the continuance of my afflictions it having been my longing and pressing de●●re● ever since to receive their determination either to my condemnation or justification My earnest and most pressing and most ●ust desire to you therefore is to improve your utmost interest to get the house of Commons without any further delay to comand and order Mr. Ma●tin who in a late letter to me possitively tells me he hath since he heard my cause profered to make my report twenty times but the house would not heare h●m to mak● the report of my cause to them And that upon the report they would adjudge my cause either to my Just ●●ation or condemnation i● being all one to me in a manner which it be so it be but adjudged that so I may thereby know what to trust to for favour mercy pitty or compassi●● I crave none from them but only the benefit of Law and unspotted justice and if I have transgressed the Law let them punish me to the utmost puntil●o of it but if I have done nothing but what is just legall and honest as I am sure I have not in this contest with the usu●ping and incroaching house of Lords in maintaining my own just legall and heriditary libertie● and the liberties of all my fellow Commons of E●gland which the wicked Lords themselves have often sworne before God and the World to maintane and inviably to preserve I require imediatly without further delay honourably to be delivered with just and ample reparations * But in case this cannot presently be done I desire you to importune your honest Generall to t●ke my own ingagement or reasonable security and to give me my liberty to follow my own businesse my self which is now likely to be destroyed by the unworthy and uniust tempo●●z●ng and ●●d●ng of some of your great ones with the uniust and tyrannicall House of Lords wh●ch in ●ust 〈◊〉 honour no● honesty he cannot deny unto me being I am now his prisoner as he is Constable of the Tower of London and seeing that for above this 14. moneths together I cannot obtaine one dram of iust●ce nor right from the hands of the Parliament houses at Westminster though I have not left any hazzardous or iust means unattempted by all the friends and interest I have in England either in City or Country but am never the better but am now likely I and mine to be murthered and destroyed by the blood thirsty cruelty of the House of Peers and the wilfull and vniustifiable negl●gence of the ad●●tirated House of Commons and by the causelesse mallice of some great ones in your Army and in this case you and your Generall cannot but in iustice honour and consceience afford me sp●edy rel●efe especially considering your own often printed Declarations to vindicate the Subiects libertys and to relieve the oppressed which I am fully informed both your Generall and your selves are willing to doe and therefore I pray you send me the names of all or the chiefe obstructers of my iust deliverance by your Generall that so I may discover them to the whole Kingdome to be a company of ●ug●ers and Apostatized Lordlings which by Gods assistance I am resolved speedily to doe to the purpose although they be never so great and although I perish and be destroyed for so doing for all my unjust and illegall barbarous sufferings by them without doing of which by the house of Commons for all the Lords greatnesse and present pretended desembling goodnesse they doe not doe me nor the Kingdome cons●rned on me effectuall justice and right So with my heartiest and truest love and service presented to you all desiring God to direct you to keepe close inviably to your solemn and iust ingagement to act vigorously and resolvedly to the utmost of your power in the wayes of unbiased iustice and honesty to the speedy and effectuall settlement of all the iust interests of England and to the crushing of all Tyranicall usurpations especially in the pre●ant tyranizing uniust house of Lords and to the setting of a brand o● eternall and everlasting infamy to future generations upon all those though never so great and guilded that visibly and evidently already have improved their power interest and machavill pollicies ●●violate infrindg and crample under their feet your most excellent iust and solemn ingagement made agreed unto and generally subscribed a● New Market 5 of Iuly 1647. And to req●i●e all your unwearied paines and labour of love manifested for the iust deliverance of me c. seven told into you● own bosomes in this World and that which is to come and so I bid you fa●● 〈◊〉 and rest Yours very much obliged to serve you th● earnestly cryes out to you for your iust 〈◊〉 without which he is likely to perrish Iohn Lilburn● From my most uniust and most illegall Captivity in the Tower of London this 27. of August 1647.