Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	justice_n	sir_n	thomas_n	2,590	5	8.4692	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

THE IVST MANS IVSTIFICATION OR A Letter by way of Plea in Barre Written by L. Col. John Lilburne to the Honr ble Justice Reeves one of the Iustices 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 many 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 The second Edition with divers Additions presented as a necessary Apologie by the Author to all the Commons of England but especially to the Private Soldiers of his Excellency Sir Thomas Fairfax his Army August 1647. Levit. 19.15 Yee shall doe no unrighteousnesse in Iudgement thou shalt not respect the person of the poor nor honour the person of the mighty but in righteousnesse shalt thou iudge thy neighbour Lam. 4.9 They that be slaine with the sword are better then they that be slaine with hunger for these pine away stricken through for want of the fruits of the field SIR HAving lately taken upon my self that boldnesse to speake with you as you are one of the publique Iudges 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 imboldneth 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 Colonel 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 stuck there almost six yeares to my extraordinary cost charge and losse of time and although I am confident that it is as iust a cause as any is in the world and hath so been adiudged by both Houses of Parliament as in this inclosed printed relation of the tryall and Iudgement of it before the House of Lords the 13. of February 1645. you may please to read I must ingenuously confesse that it did somewhat trouble me to be arrested in that manner having never before in my life been arrested to my remembrance and I was the more troubled in regard that my Ordinance of 2000 l. for my reparation which lately passed in the Lords house was depending in the house of Cōmons I was affraid that it might there stick if I were diverted from following it and I did not know but this arrest might doe it being of purpose for that end as I have iust cause to believe And being in a longing expectation for the Tearme to see my Antagonists Declaration I found in it that it is an Action of Trespasse for 2000. l. 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 doe I was resolved to make a Plea at the Barr of the Common-Pleas where you are the eldest and chiefest Iudge 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 Generalls thereof And he having committed many grievous crimes against the Letter and true mean●ng 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 Lincolne as Mr. Archer c. having Articles 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 Town-Cleark of Boston came to Lincoln to my Lord with Articles 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 although he found cause to casheere him of most or all his great and profitable commands Yet notwithstanding others endeavoured to try whether justice could be had against him in Parliament and for that end in August 1644. Mr. Mussenden Mr. Wolley and divers others of the Committee of Lincolne did exhibit Articles of a very high nature to the House of Commons against him and to speake their own words in their 4th Article they say That when he was last before Newarke he sent for a Captaine who kept Crowland † Viz. Capt. Coney who obeyed his command yet sent word to him of the danger that 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 † N●w Commissary Generall ●reton with Sir Thomas Fairfax to send 100. Musquetiers to keep Crowland which he hearing of took ill that any without order from him should come into his liberties and commanded them to be gone who accordingly departed the enemie 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 † Which blood I say lyes upon his head and for which in justice he ought to be hanged of many mens lives And in the 12th Article they plainly accuse him for betraying the Parliaments Garrison of Grantham these Articles with the rest having there hung ever since without a finall determination King knowing that I was a maine witnesse 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 complaining of him to the Earle of Manchester and Lievt Gen. Cromwell c. to be revenged of me did upon the 19th day of Iuly 1645. plot contrive and by lying and false suggestions to some Members of the

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

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.