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lord_n	day_n	people_n	time_n	14,554	5	3.5851	3	false

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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

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

THE IVST MANS IVSTIFICATION 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 thousands pound 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 Levit. 19.15 Yee shall do no unrighteousnesse in Iudgement thou shalt not respest the person of the poore nor honour the person of the mighty but in righteousnesse shalt thou judge thy neighbour SIR HAving lately taken upon my self that boldnesse to speak with you as you are one of the publique Judges of the Kingdome about an honest poor man that was unjustly and without any legall authority cast into prison and finding a very courteous faire and rationall carriage from your Honour towards me at that time imboldeneth me the more at this time being extraordinarily necessitated thereunto to write a Letter to you in my own behalfe I being upon the fourteenth of April last arrested at Westminster upon an action of Trespasse by the Bayliffes thereof at the suit of an unjust and troublesome man commonly called Colonell Edward King and the Bayliffes pretended it was for so many thousand pounds although I am confident that I never was six pence in his debt in my life that they must have extraordinary Baile for my appearance So that I was forced to give them two house-keepers in Westminster and one stranger or else in their mercilesse hands I must remaine although I was very hard following of my businesse to perfection with the Parliament which hath stucke there almost six yeares to my extraordinary cost charge and losse of time and although I am confident that it is as just a cause as any is in the world and hath so been adjudged by both Houses of Parliament as in this inclosed printed relation you may reade I must ingenuously confesse that it did somewhat trouble me to be arrested in that manner having never before in my life bin arested to my remembrance and I was the more troubled in regard that my Ordnance for my reparation which lastly passed in the Lords House was depending in the House of Commons I was affraid that it might there stick if I were diverted from following it and I did not know but this arest might do it And being in a longing expectation for the Terme to see my Antagon●sts Declaration I found in it that it is an Action of Trespasse for 2000l pretending that I said in October last that Col. King was a Traytor and I would prove him one and for taking away his good name which I scarce believe he ever had in his life and considering with my selfe what to do I was resolved to make a Plea at the Barr of the Common Pleas where you are the eldest and chiefest Judge that Col. King and I being both Soldiers were in that condition to be governed by the Lawes Martiall which were published with the Stamp of Parliamentary Authority by the Generals thereof And he having committed many grievous crimes against the Letter and true meaning of them I complained to the Earle of Manchester thereof being both his Generall and mine and at the same time divers Gentlemen of the Committee of Lincoln as Mr. Archer c. having Artickles of a very high nature against him pressed my Lord to a tryall of him at a Councell of Warre and at the very same time the Major Aldermen and Towne Cleark of Boston came to Lincoln to my Lord with Artickles of a superlative nature against King their Governour but could not get my Lord to let us injoy Justice at a Councell of Warre according to all our expectations and as of right we ought to have had which at present saved his head upon his shoulders Yet notwithstanding others endeavoured to try whether justice could be had against him in the Parliament and for that end in August 1644 Mr. Mussenden Mr. Wolley and divers others of the Committee of Lincoln did exhibit Artickle of a very high nature to the House of Commons against him and to speake their own words in their 4th Artickle they say That when he was last before Newarke h● sent for a Captaine who kept Crowland who obeyed his command yet sent word to him of the danger that that Towne was in and th●refore desired his second pleasure which was that he should march who accordingly did the Gentlemen of the Country scaring the enemy procured Major Ireton to send 100. Musquetiers to keepe Crowland which he hearing of tooke ill That any without order from him should come into his liberties and commanded them to be gone who accordingly departed the Enemy presently surprized the Town 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 And in the 12th Artickle they plainly accuse him for betraying the Parliaments Garrison of Grantham these Artickles with the rest having there hung ever since without a finall determination King knowing that I was a main witnes against him in divers of the things laid to his charge and bearing a malignant and inveterate mallice against me for opposing him in his unjust and unwarrantable actions while I was his Major and for discovering of them and often complayning of him to the Earle of Manchester and Lievt Gen. Crumwell c. to be revenged of me did upon the 19th day of July 1645 plot contrive and by lying and falce suggestions to some members of the House of Commons caused me to be committed as a prisoner and as a prisoner by vertue of that his unjust procurement I lay till the 14th of October 1645. to my extraordinary charge and dammage yea and to the hazard of my life as I could easily truly and undenyably demonstrate 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 imprisoned 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 Colonell Lilbourn 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

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

last procured your Petitioner to be committed to the custody of the Serjeant at Armes attending this honourable House your Petitioner being thence removed to Newgate but he nor any other prosecuting any charge against him after he had lyen abuot 13. weakes there he was discharged of his imprisonment by order of this House And the said Col King the more to vex and unjustly trouble your Petitioner and to the end to take away his testimony and deterre others from appearing against the said Col. King upon his tryall upon the said Articles a little before Easter Tearme last caused your Petitioner to be arested at his own suite upon an action of 2000 l for pretended words alleadging by his Declaration that your Petitioner should have said that the said Col. King was a traytor and he gives forth in speeches he will undoubtedly recover the same against your Petitioner and thereby utterly ruine him and is indeed verry likely to doe the same by these his sinister practizes if by this Honourable House your Petitioner be not relieved protected according to justice and equity Your Petitioner therefore humbly desires this Honourable House will be pleased in regard your Petitioner hath not done or said any thing against the said Col. King but what will be proved when he shall be brought to Tryall before this honourable House upon the said Articles and Charge and for that your Petitioner cannot at Law give any Plea in Bar or justification of the words pretended to be spoken by him untill the said Col. King be either conv●cted or acquitted upon his Tryall upon the said Articles and charge to give Order and direction to the said Col. King and to the Iustices of the Court of Common Pleas where the Action dependeth to sur-cease and no further proceed upon the said Action of 2000l against your Petitioner And for the good and satisfaction of the Kingdome and the freeing and vindication of your Petitioners integrity and faithfulnesse in what he hath said or done touching the premyses to bring the said Col. King to tryall in a Parliamentary way that so he may receive co●digne punishment for the injuries and wrongs he hath done and wherewith he is charged in the said Articles And your Petitioner shall pray c. Courteous Reader if I had had roome here should have been an Errata but the principall fault passed the Presse in Page 14. line 16. read which King Edward 2. for which the King Articles exhibited against Col. Edward King for his insolencies and misdemenors in the County of Lincoln to the Honourable House of Commons in August 1644. by Mr. Mussenden Mr. Wolley and divers others of the Committee of Lincoln Imprimis That to the great discouragement of the County he doth openly declare his slighting of all mens good affections to the Parliaments service by expressing that he valueth not that men should do the Parliament serviee voluntarily but that he would by his power force them to serve 2. That he doth pay those great summes of money raysed by him out of the Country onely to whom he pleaseth against all equity and justice notwithstanding the Lord of Manchesters Order to the contrary 3. That he hath publickly declared his slighting the ordnances of Parliament done very many tyranicall arbitrary actions by imprisoning divers persons at his pleasure and exacting great sums of money at such time when necessity could be no plea with many other particulars 4. When he was before Newark he sent for a Captain who kept Crowland who obeyed his command yet sent word to him of the danger that town was in and therefore desired his second pleasure which was that he should march who accordingly did the Gentlemen of the Country fearing the enemy procured Major 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 commanded them to be gone who accordingly departed the enemy presently surprized the town 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 Parlament 6. That he imployeth such officers as are altogether unfit for the Countryes service 7. That he doth most grossely 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 his officers have imprisoned men wel-affected to the Parliament and caused their houses chests trunks c. to be searched for pewter brasse linnen and threatned that they would make it cost one of them his whole estate and that one of his officers would not take three hundred pounds for his own satisfaction 10. That at the siedge before Newark such provision as the country had voluntarily and freely sent in to Col. Kings quarters at Winthorp for the maintenance of the souldiers his officers would not deliver wi●hout money although they had not pay to the extream oppression and discouragement of the Country 11. That he sent three warrants to Capt. Bushy at Tatte●shall to take away a great quantity of Wooll 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 common wealth this twenty yeares and hath made him a malignant both in his words and letters as much as in him did lye 12. That when the enemy tooke Grantham they being b●a●en from one part of the town wheeled about to fall upon the other side at a place cal'd the Spittle-gate which Major Sarvil being then Major of the town perceiving commanded Col. King being then Capt. of a Company thereto 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 enemy into the town and he delayed so long before he would go that the enemy was entred at the said Port before he came thither by which meanes he betrayed that town 13. That when Commissary Iames had brought in certain sheep from a malignant for the reliefe of the siedge at Newarke being then in great want Col. King caused the the said sheep to be restored to the malignant and told the Commisary that he deserved to be hanged with divers other threatning and reviling speeches notwithstanding he had order from Sir John Meldrum and the Committee for the taking of them 14. That Colonel 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 rayse 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 Voluntiers which served on their own charge who with the townsmen had alwaies defended the town of Boston that he might presse them to serve under him for pay And secondly he did sieze upon detain 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 to serve under him 15. That the Troopes of Colonel Crumwel which were lost at Coleby and Waddington were treacherously or ignorantly betrayed by Colonel King 16. That to the great discouragement 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. Crumwel Mr Ram and others that he imprisoned divers other very godly men and that for exercising the very power of godlinesse which he did in a very vile manner and stil continueth an utter ememy such men as namely L C. Berry Major Lilburne Capt. Camebridge and others 17. That to the great discontent and discouragement of the Country he and his Officers did quarrell with slight the Committee at Lincoln which was setled by ordnance of Parl. who were men of the best estates quallity integrity and such as were especially commended to serve the Country and publickly villifying them and their actions and assuming their power without any authority 18. That before this War began he was an open and publick scoffer of religious men 19. That he is a man of a turbulant factious spirit of mean condition estate for so absolute a command that he hath received vast sums of money amounting to about 20000l much of which he hath levied in an illegall and obscure way and issued out accordingly for which it is desired he may give a speedy accompt likewise of the rest of his actions 20 That in a factious seditious manner he did employ some Agents to deliver blue Ribbonds to such as would stand for him and sh●w themselves his friends to the great terrour and discontent of the Country and the hazard of raysing a dangerous mutinie 21. That he kept about twenty men to wait on him whom he called his Life guard to whom he gave extraordinary pay though they were exempted from all duty except it were to wayt upon him advance his reputation and awe and affright the Country 22. That he did awe and gain the Country wholly after him and that he might with better colour domineere falsly stiling himself Lievtennant Generall of the County of Lincoln FINJS