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 â—4 or 26. Whereupon I went to Alderman Tâ—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 Franklâ—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 agaâ—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 Chaâ—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 confiâ—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
every beast will I require it and at the hand of every man and at the hand of every mans brother will I require the life of man Who so sheddeth mans blood by man shall his blood be shed for in the Image of God made he man reade Rev. 13.10 But King though his own hands did not murder the Souldiers that lost their lives in taking it in againe yet he was the true fountain and cause wherefore their blood was shed Deut. 22.8 Judg. 9.24.2 Sam. 12.9 having apparently by his wilfulnesse and treachery lost the Town and therefore wilfull blood being upon his head he ought to make a legall satisfaction and expiation by his own blood I wish with all my soule the Parliament your Lordship and all the rest of the Judges of this Kingdome would seriously consider and ponder upon this unrepealable law of God that so wilfull murderers and blood-thirsty men might not escape the hands of Justice and so bring wrath from God upon the whole Kingdom Gen. 41.10 11.12 Deu. 19.10 Psal 106.38 Jer. 7 5 6. and 19.3 4. Lament 4.13 14. Hos 4.1 2 3. Joel 3 19. Hab. 2.8 which cannot be expiated but by the blood of him that shed it Num. 35.33 Deu. 19.12 13. 2 Sam. 4.11 12. 1 Kings 2.5 6.31.32 33. and 21.19 and 22 34 35.37 38. and 2 Kings 9.7 8 9 10 26.33.36.37 and char 24.2.3 4. but especially that you would thinke upon the grand murtherers of England for by this imperciall Law of God there is no exemption of Kings Princes Dukes Earles Barrons Judges Parliament men or Gentlemen more then of Fisher-men Coblers Tinkers and Chimney Sweepers upon whose shoulders all the innocent blood that hath in such abundance been shed in this Kingdome c. lyes for which reckoning I am sure the score is not acquitted in the accompt of God nor ought it not to be in the account of man For if the innocent and righteousnesse of one Abel cryed so loud for vengance in the eares of God against Cain that God cursed him and all he went about Gen. 4.9 10 11. 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 eares of God for wrath and vengance against those that have been the true fountain and cause of it for shed it is and upon sombody 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 sheders of it for besides the Law of God in Gen. 9. he saith plainly Numb 35.31 That there shall be no satisfaction taken for the life of a murtherer but that he shall surely be put to death and in verse 33. God declares that the shedding innocent blood defileth and polluteth a land and that that cannot be cleansed 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 Ierusalem although a King God sent bands of the Caldeans Syrians Moabites and Ammonites to destroy Iudah and remove them out of his sight for the sinnes of Manasseth their King and for the innocent blood that he had shed which the text saith The Lord would not pardon 2 Kings 24.2 3 4. Yea and because Saul though a King slew some of the Gebonites 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 own blood must and was hanged up to make satisfaction therefore 2 Sam. 21.1 2 3 4. to the 9 My Lâ—â—â— the uâ—â—â—fferable provocation of Collonell 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. Prine in a case of the like nature it is the just hand of God many times so farr to dementate the very wisest polititians as to make themselves the principall contrivers of their own infamy and ruine for his Knavery lying in a hole as it were now he hath by his arresting me and bringing me before your Lordship who I conceive have nothing to doe with the businesse being it is dependant in Parliament the supream Court of the Kingdome 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 plea at large to the whole body of the Articles but must be tyed up * And although King be guilty of Treason according to Ordinance of Parliament by Articles of war established by them yet according to Law cannot be said to be guilty of Treason for violating of them 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 Serjeons 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 me nor I them nor knowes any of Kings habituated knavery nor unerstands 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 Sheriffe of which kinde of creatures I never heard any great commendations of their honesty but have heard of much jugling 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 mischief of all the opressing 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 think no man else neither doe I know where to find it or read 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 and I cannot find two of them of one mind or that can plainly describ unto me what is the way of your goings so that I professe I am in the darke amongs briers and thornes and fast in the 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 practices in Westminster-Hall to be
Judges saith Martin in his history fol. 5. follow his Court upon all removes which tyred out the English Nation with extraordinary troubles and excessive charges in the prosecution of their suiths in Law and saith he fol. 4 he also enacted and established strait and severe Lawes and published them in his own language * Which was French as all the practices of the Law and all petitions and businesse of the Court were by means whereof many who were of great estate and of much worth through ignorance did transgresse and their smallest offences were great enough to intitle the Conqueror to the land and riches which they did possesse all which he seized on and took 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 add unto all the rest of their miserie to deliver them up to be judged by a strange Law they understood not whose importunity so farre prevailed with him that he took his oath the third time to preserve their Lawes and liberties but like a perjured Tyrant never observed any of his oaths and the same saith Daniel fol. 43. did Henry the first Henry the second and King John c. and yet notwithstanding there 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 conformitie between them of former times and these that followed upon this change of State and though there may be some veines issuing from former originalls yet the maine 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 and an Oppressor 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 fol. 251. That it is true upon the Petition of the Commons to Edward the third he caused pleas which before were in French to be made in English that the Subjects might understand the Law by which he holds what he hath and is to know what he doth a blessed act and worthy so great a King if he could thereby have rendred the same also perspicuous it had been a worke of eternall honour but such saith he it is the late of Law that in whaâ— language soever it speakes it never speaks pain but is wrapt up in such difficuâ—ties and mysteries as all professions or proficate as it gives more affliction to the people then it doth remedy and therefore when Magna Charta after many bloody Battle and the purchase of many hundred thousand of Pounds was obtained and confirmed by Edward the first in the 25 yeare of his raign divers Patrons of their Country as Sir Edward Cooke in his Proem before the second part of his Jâ—stitutes declares that after the making of Magna Charta c. divers learned men in the Lawes that I may use the words of the Record kept Schooles of the Law in the City of London and taught such as resorted to them the Lawes of the Reaâ—mâ— taking their foundation from Magna Charta and Charta de Forresta which King Edward the second sought to impeach and therefore in the 19. yeare of his Raign by his Writ commanded the Major and Sheriffes of London to suppresse all such Schooles under great penalties such enemies are oppressors to the peoples knowledge and understanding of their lawes and liberties that so they may rule by their wills and pleasures for the impugning and infringing of which c this wicked and leud King was disthroned at the doing of which he confessed that he had been misguided and done many things wherof now too late he repented which if he were to governe againe he would become a new man and was most sorrowfull to have offended the State as it should thus utterly reject him but yet gave them thankes that they were so gracious unto him as to eldest his elde sonne for King Speed fol. 666. And Henry the third in the 38 yeare of his Raign confirmed the great Charter which notwithstanding he continually broke them and fetcht over the Poictonians by the advice of his evill Councell to over awe his people and anniholate their liberties wherefore his Nobles c. sent him expresse word that unlesse he would amend his doings they would expell him and his evill Councellors out of the land and deaâ— for the creation of a new King Daniel Fol. 154 But I desire not to be misunderstood for in the harshnesse of my expressions against the Common law I put as I conceive a cleare distinction of it from the Statute law which though there be many faults in it as I could easily shew yet I desire not here to say any greater evill of it then that the 14 28 29 Chap. of Magna Charta the Petition of Right and the late act for abolishing the Star-Chamber are gallant lawes and the best I can find in the whole volluminous booke of Statutes but in my apprehension they fall farre short in a sufficiently providing for that which lately the Honourable house of Commons saith is the end of all Government the safety and weale of the people for in my judgement they doe not possitively and legally hold out a sufficient security to hedge about to keep in peace and to preserve the splendor and glory of that underived Majestie and King-ship that inherently resides in the People or the state universall the representation or derivation of which is formally and legally in the state Elector representative and none else whose actions ought all to tend to that end against incroachments usurpations and violence of all its creatures officers and Ministers in the number of which are Kings and Dukes themselves from whom and for whom they have all their power and authority as the executions of their will and mind for their good and benefit and to whom they are accountable for the faithfull discharge of that trust reposed in them as not only Scripture but nature and reason doth fully prove yea and our owne writers especially the late Observator and Mr. Prynn in his Soverain power of Parliaments and Kingdomes printed by speciall authority from the House of Commons August 2. 1643. 2. Although Magna Charta be commonly called the English mans inheritance because it is the best in that kind he hath and which was purchased with so much brave English bloud and money by our fore fathers before they could wring it out of the hands of their tiranicall Kings successors of William the Conquerer as
I have largely elsewhere clearly manifested yet alas in my apprehention it falls short of Edward the confessours Lawes which the Conquerer rob'd England of and in stead of them set up the dictates of his own will whose Norman rules and pactizes to this day yet remaines in the administrations of the Common Law at Westminster Hall by reason of their tediousnesse ambiguities unceartainties the entryes in Lattine as bad as the French because it is not our own tongue their forcing men to plead by Lawyers and not permitting themselves to plead their own causes their compelling of persons to come from all places of the Kingdome to seeke for justice at Westminster which is such an iron Norman Yoke with fangs and teeth in it that if we were free in every particular else that our hearts can think of yet were we slaves by this alone the burthen of which singly will pirce and gall our shouldiers and make us bow and stoop to the ground ready to be made a prey not only by great men but even by every cunning sharking knave and therefore it is no wonder that Mr. Glyn the present Recorder of London and the rest of his jangling contentious tribe of Lawyers in the House of Commons were lately such bitter enimies against the great Petition of the honest plaine Citizens of London which Petition you may read in my printed Epistle of the 31. May 1647. to Col. Hen. Martin pag. 29 31 32 33 34 35. as they were that nothing would serve their turnes but to have it burnt by the hands of the hang-man seeing it honestly desires the remedie of the aforesaid grand evils which if it should be downe goes the Lawyers wicked trade which principally consists in setting the people together by the eares each with other whose jangling deviding practizes are as sutable to the peace of a well governed Common-wealth as Gunpouder and Brimstone is to quench a fire O therefore that your Lordship would desire and solicite our honourable Parliament according to the late Declaration forever to anihilate this Norman innovation and reduce us back to that part of the antient frame of government in this Kingdomes before the Conquerers dayes and that we may have all causes and differences decided in the County or Hundred where they are committed or do arise without any appeale but to a Parliament and that they may monthly be judged by twelve men free of honest condition chosen by themselves with their grave or chief Officer amongst themselves that they may be tyed by a pennall law without oaths to judge every mans cause aright without Feare Favour or affection and then farewell jangling Lawyers the wild-fire destroyers and bane of all just rationall and right governed Common-wealths and for faciliating of this worke and the prevention of fraud I shall only make use of Mr. Iohn Cooks words a Lawyer of Grayes Inn in the 66. pag of his late published book called a vindication of the Professors and profession of the Law where he prescribes aâ—ready remedy against frauds which is that there might be a publique Office in every County to register all Leases made for any lands and all bonds and Contracts of any value for saith he it is a hard matter to find out all Recognizances Judgements extents and other charges and two chargeable for the Subject that for 12. d. or some such small matter might know in whom the interest of land remaines and what incumbrances lye upon it and every estate or charge not entred there to be void in law and that the country have the chusing of the Registers in their respective Counties once a yeare upon a fixed day and that they have plaine rules and limitations made by the authority of Parliament and severe penalty inacted for the transgressing them which penaltie is the only way to keep them in awe and to doe impartiall justice and right My Lord I hope you will not be offended at me for my plainnesse especially if you consider the necessities laid upon me for I professe really I am not able to imagine any other remedy for my preservation but this having had my Petition about this businesse above a moneth in divers of my friends hands in the House of Commons but cannot get it read And having contested above this 7. yeares with all sorts and kind of persons that would destroy me and having often been in the field among Bullets and Swords to maintaine the common liberties and freedomes of England against al the declared trayterly oppugners therof and having by the goodnes of God escaped many dangers and deaths and being in my own apprehension ready to be ruinated and destroyed by a weapon inferior to a Taylors Bodkin namely a Formallitie or Puntillo in the Law it hath rouzed up my spirit to charge it with a Soldiers pure resolution in a new and unwonted manner being necessitated to cast all care behind me and say unto my selfe that as hetherto I have not lived by any mans favour and grace so for my own safety I will now be afraid of no mans indignation or displeasure cost what it will and if I perish I perish down right honesty and plaine dealing being to me the best pollicie knowing that uprightnesse begits boldnesse 2. If your Lordship or any other great man be moved with choller or indignation against me as I desire you may not and shall endeavour to doe me a mischiefe for this my plain dealing I hope I shall be kept out of danger by the authoritie of the Parliaments own Declaration but especially by those words of theirs in their exhortation to men to take their Covenant which are thus And as for those Clergy men who pretend that they above all others cannot Covenant to extirpate Episcopall Government because they have as they say taken a solemn oath to obey the Bishops in licitis honestis they can tell and if they please that they that have sworne obedience to the Law of the Land are not thereby prohibited from endeavouring by all lawfull meanes the abolition of those Lawes when they proue inconvenient or mischievous c. And I am confident that if I fall inâ—o the hands of those that made the Covenant who are the fittest interpreters of it I shall doe well enough But from the Sect of the Adamites * Alderman Adams was then Lord Major and a chiefe promoter of the Cityes damnable and wicked Remonstrance that would have no man live in England that are honester then themselves and from the late London Remonstrance that would have all men disfranchised although never so honest that are not of their minds and judgements and who doe and would rob the representative body of all the Commons of England of their Legislative power and from the executiâ—ners of strange and unknown Lawes which destroy and undoe men though never so upright by formaâ—lities and puntillo's good Lord dâ—liver From my house in Halfe-moon Alley in Petty-France neer
Bishops Gate London June 6. 1646. Your Lordships Servant and a true bred Englishman John Lilburne The forementioned Petition thus followes To the Right Honourable the Representive Body of the Commons of England Jn Parliament assembled The humble Petition of Liev. Col. Iohn Lilburne Sheweth THat upon the difference 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 jorces raised by the King In this warre against the Parliament the Forces raised in the Easterne Associtation were committed and intrusted under the command of the Earle of Manchester * Who was since impeached of Treason by L. G. C. for being false to his trust and had undoubtedly lost his head therefore if L. G. C. had followed it as he should 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. Cromwel to take and give unto them or one of them upon all occasions information and intelligence of the state and condition of Lincolnshire under the command of the said Col King and of the carriage and behaviour of the said Col. King towards the Country and Solderie and how he discharged his place and trust Which your petitioner with all faithfullnesse and diligence did accordingly to his extraordinary expences not neglecting any advantage or opportunity which might further the publique service or discover the designes of the enemy or the said Col. Kings miscarriage and neglect of his trust and duty the said Col King taking upon him an unlimitted and unwarantable power destructive to the trust reposed in him That upon your Petitioners discoverie and making known both unto the Exarle and Liev. Gen Cromwell according to his instrustion and trust reposed in him the malignancy insolencies and unfaithfullnesse of the said Col. King to the Sate in the neglect of his charge and his bad usage of the Country to the great disâ—service of the Parliament and danger of the losse losse of the whole country Crowland being by him betrayed unto the enemie and was not regained without great charge and hazzard yea and the losse of many mens lives the said Col. King was there upon discharged and put out of all his commands and offices being then very many * Viz. Col. of Horse C. of Dragoons C. of Foot Governour of Boston and the parts of Holland governour of the City of Lincolne and the county thereof Besides he had a power in himselfe to levie money which hee did at his pleasure and disposed of it at his pleasure to whom he pleased 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 and divers others Gentlemen of quallity of the Committee of Lincolne in August 1644. exhibited to this Honourable House severall Articles since printed a Coppy whereof is hereunto annexed against the said Col. King thereby charging him with severall Treasons Insolencies setting up and exercising an Arbitrary exorbitant and unlimitted power over the country and Souldiery with many other insolencies and foule 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 Towns to the enemie through his treacherie or negligence and so the offence Capitall and properly examinable and only tryable in Parliament as appeares Rot. Parl. 1. Rich. 2. Num. 38 39.40 Rot. Parl. 7. Rich. 2. Numb 17.22 Now the said Col. King being privie to his own guiltinesse and well knowing your Petitioner to be a principall witnesse for the proof of divers of the said Articles out of his mallice and wickednesse to your Petitioner upon a groundlesse complaint and untrue surmises made by him to this Honourable House in Iuly last procured your petitioner by Vote of this House to be committed to the custody of the Serjant at arms attending this honourable hous * Se before Pag. 5. your Petitioner being thence removed to Newgate but he nor any other never prosecuted any charge against him and after he had laid about 13. weekes there he was discharged of his imprisonment by order of thioâ—â—se * See my printed Letter of the 25. Iuly 1645. and Innocency and truth justified p. 31. 32 33. 34. knows not to this very day wherfore he was committed And the said Col. King the more to vex and unjustly trouble your Petitioner and to the end to take away his testimony and deter 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 arrested at his own suite upon an action of 2000. l. for pretended words aleadging by his Declaration That your Petitioner should have said that the said Col. King was a trayter and he gives forth in speeches he will undoubtedly recover the same against your Petitioner and thereby utterly ruine him and is indeed very likely to doe the same by these his sinister practizes if by this Honourable House your Petitioner be not relieved and 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 convicted or acquitted vpon 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 surcease and no further proceed upon the said Action of 2000 l. 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 premises to bring the said Col. King to tryall in a Parliamentary way that so he may receive câ—ndignâ— punishment for the injuries and wrongs he hath done and wherewith he is charged in the said Articles Iohn Lilburne And your Petitioner shall pray c. Articles â—xhibitted agaiâ—st Col. Edward King for his insolencies and misdemenors in the County of Linâ—oln to thâ— Honourable House of Commons in August 1644. by Mr. Mussenden Mr. W Ieâ— and diver whâ—re of the Committee of Lincoln Imprimis that to the great discouragement of the County he doth openly declare his slâ—ghting of mens good affâ—ction to the Parliaments service by expressing that he â—aâ—ieth not that men should doe the Parliament service voluntarily but
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. Crumwâ—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 selâ—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 daâ—ted Iune 6. 1646 in the 4. and â—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 Paâ—liâ—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. Irâ—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. Citizâ—ns of London viz Mr. Prâ—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 wâ—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 Whâ—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 malâ—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 casâ— wâ—th my pen which I presented in print to the woâ—ld e And which by the Author of Englands Birth-right is reprinted at the beginning of that not able book and my â—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 specâ—aâ—l order of the House of Commons of the 14. of October 1645. I was freely discharged f Which discharge you maâ— 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 giâ— that money which would enable me with vigour and strength to prosecute him which he knâ—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 actionâ— 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