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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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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
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