Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	great_a	law_n	time_n	2,905	5	3.2500	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

cry'd so loud for vengean●e in the eares of God against Cain that God cursed him and all he went about How much more will the blood of thousands and ten thousands of innocent persons that hath been lately shed in England cry loud in the cares of God for wrath and vengeance against those that have been the true fountaine and cause of it for shal it is and upon some body the guilt of it lyes and therefore it is but a folly and madnesse for the King Parliament or People to talke of peace till inquisition be made for Englands innocent blood and Justice done upon the guilty and wilfull sh●ders of it for besides the Law of God in Gen. 9 he saith plainly Numb 35.31 That there shall no satisfaction be taken for the life of a murtherer but that he shall surely be put to death and in vers 33. God declares that the shedding innocent blood defileth and polluteth a Land and that that cannot be clensed of the blood that is shed therein but by the blood of him that shed it and for the innocent blood that Manasseth shed in Jerusalem although a King God sent bands of the Caldeans Syrians Moabites and Ammonites to destroy Judah and remove them out of his sight for the sinnes of Manass●h their King and for the innocent blood that he had shed which the text saith The Lord would not pardon 2 King 24.2 3 4. Yea and because Saul though a King slew some of the Gahonites contrary to the Covenant made with them God sent a famine upon all Israel for three yeares for that very innocent blood shed by the King and there was no expiation or satisfaction to be made therefore but by the blood of him that had shed it and therefore because he himselfe was dead and his blood could not be had seven of his sons of his owne blood must and was hanged up to make satisfactions therefore Sam. 2.21.1 2 3 4. to the 9. My Lord the unsufferable provocation of Colonell King forceth me to present these lines unto you and I doubt not but these will tend to his long deserved ruine and therefore to speake in the words of his friend Mr. Prinne in a case of the like nature It is the just hand of God many times so farre to demen●ate the very wisest polititians as to make themselves the principall contrivers of their owne infamy and ruine for his Knavery lying in a hole as it were now he hath by his arresting mee and bringing me before your Lordship who I conceive have nothing to do with the businesse being it is dependant in Parliament the supream Court of the Kindome necessitated me to publish the whole state of the businesse betwixt him and me to the view of the world because at your Barre I cannot make a plea at large to the whole body of the Articles but must be tyed up as I am told to a single plea that is to say to plead either guilty or not guilty unto which I cannot without snares yeeld unto besides I must as I am told plead at your Barre by Serjeants at Law none of which I know and therefore will not trust them come ruine and destruction and what ever will of me Againe my Lord I must there be tryed by a Jury that neither knowes mee nor I them nor knowes any of Kings habituated knavery nor understands any thing of Martiall Law the only rule to try him and me in this case and that which is worst of all they are chosen as I am told by the under Sheriff of which kind of creatures I ne●er heard any great commendation for their honesty but have heard of much judging and packing betwixt them and such kind of crafty and large conscioned fellowes as my Adversary King the Lawyer is Againe my Lord that which is the greatest mischiefe of all and the oppressing bondage of England ever since the Norman yoke is this I must be tryed before you by a Law called the Common Law that I know not nor I thinke no man else neither do I know where to find it or reade it and how I can in such a case be punished by it I know not For my Lord I have been with divers Lawyers about this very businesse I cannot find two of them of one mind or that can plainly describe unto mee what is the way of your goings so that I professe I am in the darke amongst briers and thornes and fast in a trap by the heeles and enemies round about me ready to destroy me if I be not very wary with my tongue and which way to get out or how or to whom to call to for help I know not for such an unfathomable gulfe have I by a little search found the Law practises in Westminster Hall to be that seriously I thinke there is neither end nor bottom of them so many uncertainties formalities puntillo's and that which is worse all the entryes and proceedings in Latine a language I understand not nor one of a thousand of my native Country men so that my Lord when J read the Scripture and the House of Commons late unparaleld Declaration it makes me thinke that the practizes in the Courts at Westminster flow not from God nor his Law nor the law of Nature and reason no nor yet from the understanding of any righteous just or honest men but from the Devill and the will of Tyrants First my Lord the House of Commons declaration April 17. 1646 tels me that their intentions are not to change the ancient frame of Government within this Kingdome but to obtaine the end of the Primitive institution of all Government the safty and weale of the people amost goulden saying but I am sure it cannot be for the peoples safety nor welfare to have their lives liberties and estates Judged by a law● the entrings and proceedings of which are in Latine and so without there understanding there cases in Heathen Greeke of Pedlers French and so beyond their knowledg and man of their rules in the orracles of Judges breasts whose judments many times have been destructive to the lives liberties and estates of all the free men of England witnesse there late Judgment in shipmoney c. neiteer are such practizes agreeable to the Ancient constitutions of Kingdoms And secondly when God gives his law unto the sonnes of men he doth it plainly without ambiguous termes and in their owne language as first for Adam the law God gaue him was plaine and short with a declared penalty annexed unto it Gen. 2.16.17 And the Lord God commanded the man saying of every tree of the Garden thou mayest freely eate But of the tree of the knowledge of good and evil thou shalt not eat of it for in the day thou eatest thereof thou shalt surely die And his law in the 9. of Gen. about murther is as plaine as this for who so sheadeth mans blood saith he by man shall his blood be shed for in the

or the State universall and he promised me upon his Honour and Reputation that he would doe the best he could to have justice done which is the very life of all societies or Common Wealths and that without which the People cannot be happy or safe yea 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 Shire and that Country being lately wonne out of the hands of the Cavaliers there being very few of that Country at that time that desired Command under the Generall saith he wee are necessitated to make use of Col. King and to make him governour of Boston and Holland upon whom he lookt then as an active popular man who promised to do mighty things for the good of that Country and the Publique But in regard divers of the chiefe men of Boston do mislike him I have therefore saith be 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 Lilbourne and thy Lievtenant Colonel whose faithfulnesse I can rest upon for both of whom I have used my interest to place on purpose with him that so if he should breake out to the dishonour of my ingagement and the detriment of the publique I may from time to time be sure to know of it 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 tyranicall authority over all his Officers but especially those that were betrusted in Commission aswell as himselfe and to do his chiefe actions by the rule of his own will without their privity or advice which tended to the ruine of all that were under him and consequently of that whole country he having treacherously lost Crowland and Boston put in extream danger by his absolute wilfulnesse if not treachery the making known whereof with his cariages at Newarke Siedge c. cost me in sending posts to the Earle of Manchester and Lievtenant Generall Crumwell then in or about Cam●bridge I am very confident 20. or 30. l. which so madded him that he imprisoned Major Rogers for daring to go and complain against him I being in those straights in regard of the charge I had taken upon me that 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 own will cashiered his Lievtenant Colonell without ground or cause and endeavoured the apparent 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 soon as I durst leave my charge I posted away to Bedford where I found my Generall and Lievetenant Generall Crumwell and tould them both fully of Kings cariage 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 Lincolnshire had paid him diverse thousands of pounds to pay his Officers and Souldiers at Newarke Siedge but J could not heare that he paid one penny to any Officer there and for my own part J am sure J could not get a penny from him although J am confident J 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 other 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 he of arrogancy pride and contention contesting with all or most of the chiefe Commanders there that Sir Iohn Meldrum told me that he ●indled such a fire of contention amongst them that he durst scarce call a Councell of Warre to consult how to manage their busines for fear King should set them all together by the earres and so dest●oy the busines being there continually in contestation with my Lord Willoughby Col. Ross●ter Sir Myles Hubbard Sir Iohn Pagraffe and divers of the Lincoln Committee c. which did so trouble and distract the old Knight Sir Iohn Meldrum our commander in chiefe that he knew not well what to do when Rupert came upon us by reason of our own distractions a-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 as Mr. Prinne 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 siege raised then I desire to know what Colonell King deserveth that at the siege of Newark carried himselfe so that hee did raise discontents and little better then mutinies by meanes whereof the siege was not only raised but the whole Army in a manner destroyed to the extraordinary danger of the whole Kingdome I also told my Lord that after the articles of agreement was concluded Colonell King commanded and in a manner forced me contrary to the Agreement to march away his Regiment in a hostill manner with their armes c. by meanes of which we were set upon by their horse and forcibly disarmed which did also occasion the plundering of us as violaters of our Covenant and contract to the disparagement of the whole army yea and the Parliament it selfe and to the extreme hazard and danger of abundance of our lives yet King was so honest and valiant that as soone as he saw the storme fall upon us he fairely left us and shifted for himselfe without being plundered as we were at which bout I lost well nigh 100 l being plundered from the crowne of my head to the sole of my foot I further told him that the Towne of Boston had been in extreame danger for after Lincolne was discerted and Ruperts forces possessed of it and daily newes brought into Boston that Rupert would assault it on both sides the river I moved Colonell King that seeing the armes of his owne Regiment c. was lost and he in no possibiltiy to defend the Towne of himselfe at the present that therefore the Towne being of that consequence that if it should be lost the Enemy might presently make it the absolutest strong Towne in England for themselves that he would forthwith send to Colonell Walton

then Governour of Linne to intreat him to lend him at his great need and strait 4. or 500 men to defend the Towne till such time that he could get his owne Regiment againe together which he absolutely refused and told me plainly that he would never send for another to command and affront him in his owne Jurisdiction which the Linne men would do he said if they come at which I being exceedingly troubled that he should preferre his owne domination before the preservation of so considerable a Towne and Garrison it made mee beleeve hee intended to betray it Whereupon I went to Mr. Major then as I remember at Alderman Tilsons and told them both with some others that their Towne was in extraordinary danger to be lost and they all undone if they did not looke about them presently and told them all the discourse I had had with their unjust oppressing Governor and told them I conceived all was not right and therefore I judged my self bound in duty and conscience both before God and man to tell them what I apprehended of things and how neare their danger and ruine was at hand and if they would not helpe to save themselves according to the law of Nature their ruine be upon themselves they desiring of me to let them know what I would advise them to I told them my advise was for as many of them to go with me to Colonell King once againe as they thought fit and let us joyntly presse him to send to Linne for men and if he would not do it that then we might do it without him Vpon which we went and at first found him obstinate till as I remember Alderman Tilson tould him that if he would not joyne with them they would write to the Governour without him upon which he was drawn to subscribe but my Lord of Manchester and the Governour of Lyne or some others in authority being mindfull of us in our straits had ordered Col. Waltons Major Major Franckling a stout and gallant man with about 400. men to come by Sea to us as I remember his orders were that he should secure Boston upon the arivall of whom Col. King immediately commanded them out of the Town to go and besiedge Crowland which a litle before by treachery or his own absolute wilfull negligence he had given up unto the declared Traytors and professed enemies of the State and Kingdome Of which as soone as I fully understood I went to Major Frankling and desired to see his order by vertue of which he came to Boston and told him how things stood with us and in what temper I conceived my Colonel to be and therefore entreated him to be sensible of the trust reposed in him and of his own Honour and reputation professing unto him that if he at the command of Col King marched away with all his men considering his orders and the condition which the Town was in I should look upon it as a meer design betiwxt him and Col King to betray the Town indeed telling him how weak and unfortified the Towne was in a manner all round about being in divers places easy for a man with a Pike staffe to leap over it and therefore there was no way in the eye of reason to preserve it seing the Enemies intention as wee heard was to fall upon it unlesse his men stayed in it or at least the major part of them Whereupon he went to Col. King and as I remember in Alderman Tilsons Hall debated with him his positive command and with much adoe prevailed that himselfe and a great part of his Souldiers should stay to defend the Town and my selfe being left by Col. King with the consent of the Major and Aldermen to take care of the towne I went to Major Frankling and desired him to go with me to Colonell King to know what Amunition he had in his Magazine who assured us upon his reputation that he had a hundred barrels of powder and all things fitting besides and therefore bid us take no care for Ammunition and being very busie in sending away men guns c. to the intended leaguer of Crowland I did not go to the Magazine to see whether be had told us truth or no he having taken a quantity of powder with him and an other sent him he sends his warrant to the Magazine Keeper for ten barrels more not signifying one word of his mind to me who was then betrusted with the Towne upon the reciet of which old Mr. Coney the Magazine keeper came and told me that he had received an order from the Colonell to send him ten barrels of powder and saith he what shall I doe for there is but ten barrels in all in the Magazine At the hearing of which I stood amazed and tould him it could not be possible for said I such a day I went to the Colonell with Major Frankling and he did assure us that he had 100. barrels in store but Mr. Coney assured me that there was not one more then 10 the which if wee send to him there is none to keep their guards saith he I asked him if there 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 Major Frankling and my selfe that he had 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 24 or 26 Whereupon I went to Alderman Tilsons and asked him whether the Major 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 tould him all the story ●t which he stood amazed and from him I went to Colonell Kings wife and desired to know of her whether shee knew of any private Magazine of powder that her husband had and shee told me no. Then I told her all the businesse and said to her that I wondred her Husband should assure Major Frankling and my selfe that he had 100 barreles of powder when he had but 28 and that he should send for all that he had left out of the Garison 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 And I being by the Generall sent post to London to the Committee of both Kingdoms about his marching to take Lincolne againe and from thence to march to York to joyne with the Scots I in the third place ceased not to put that which lay upon me as a duty forwards as soone as an opportunity served and renewed my complaint against him at Lincolne and desired it might receive