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
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 CoÌ„mons 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 meanâ—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 †Nâ—w Commissary Generall â—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
House of Commons †See Dr. Bastwicks defence against me pag. 8. and my printed Epistle about that businesse daited Iuly 25. 1645. caused me to be committed as a prisoner and as a prisoner by vertue of that his uniust procurement I lay till the 14 of October 1645. to my extraordinary charge and dammage yea and to the hazzard of my life as I could easily truly and undeniably demonstrate but at present read my booke called Innocency and truth iustified pag. 29. 30. 31 32. And yet neither he nor any man for him ever prosecuted any charge against me for although I lay so long yet was I delivered before ever I knew truly and legally wherefore I was imprisonned as appeares by the following Coppy of my releasement Die Martis 14 October 1645. MR. Recorder acquainted the House that two Sessions were now passed since Lievtenant Colonel Lilburn was removed to Newgate and had continued a prisoner there and that no information or other charge had been yet brought against him and at this last Sessions he humbly desired either to be tryed or to be discharged and it is thereupon resolved upon the question that Liev. Col. Lilburne be forthwith discharged from his imprisonment To the Keeper of Newgate or his Deputy Hen. Elsing Cler. Parl. D. Com. And that King was the instrumentall cause of my imprisonment appears clearly to me by what I find recorded by his good friend and my grand enemy Mr. Prinne in the latter end of the 6th pag. of his booke intituled the Lyar Confounded and by what I find recorded under Kings hand in the 8th pag. of his co-partner Dr. Bastwicks book written against my selfe for although Dr. Bastwick be now my bitter Enemy and his hand be with Kings to the information which Dr. Bastwick there saith was put into the House of Commons against me yet I am apt to thinke that King was the Ring-leader in it because at that time there was no visible nor professed breach of friendship betwixt Dr. Bastwick and my selfe Vpon which provocation by King it might be and I doe believe it to be true that I might be free in my discourse at severall times of King and the forementioned charge of Treason given into the House of Commons against him and I am very confident it will be made good by sufficient proofes and witnesses according to the rules of Warre when it there comes to a tryall but doe not own the words specified by him in every particular Therefore I conceive it uniust irrationall and Anti-Parliamentary for an inferior and subordinate Court as the Court of Common Pleas is to meddle with this businesse it being now dependent in Parliament the supream Court and unjudged there as yet although the prosecutors are ready at their utmost perill to prove their charge against him Therefore my Lord in my apprehension Kings former mallice manifested about my commitment and his present bringing me before you are meer evasions and tricks to terrifie me and all others from prosecuting him in Parliament and also under favour your medling with it in your Court it being still depending in Parliament and not by them referred to you is an incroachment upon their Priviledges and I am the rather confirmed in this opinion when I seriously read over Mr. Prinnes Booke cal'd the doom of Cowardice and Treacherie he being Colonel Kings very good friend and Councellor and therefore his words in this case are of the more weight and authority Titus 1.12 being a professed adversary to me who citing the Rolles of Parliament of the 1. R. 2. num 38. 39. 40 in his 2 3 4 5 6 pages which containes the case of Cominy and Weston hath these observations and inferences from them in the 7 page thereof That it is to be remembred that Jeffery Martin Clearke of the Crown made this very Record and delivered it thus written in this present Roll with his own hand therefore saith he from this memorable Record I shall only observe these few particulars 1. That the surrender of Towns or Castles to the Enemy through Cowardice or Treachery is properly examinable and tryable only in Parliament It being a detryment to the whole Kingdome and so fit to be determined by the representative Body of the Kingdome 2. That the Cowardly delivering up of any Town or Castle by the Governour thereof to the Enemy is a Capitall offence deserveth death and likewise the losse of it through his negligence or default 3. That every Governour who takes upon him the custody of any Fort or Town is obliged in point of Trust and duty under Paine of DEATH to defend it to the utmost extremity 4. That the concurrent consent of a Councell of Warre or Soldiers to render up a Town to the Enemie before utmost extremity for the saving of the Houses Lives and Goods of the Soldiers or Inhabitants is no justifie excuse at all to extenâ—aâ—e such a Governours dishonourable Surrender and offence 5. That those who are accused of such an unworthy Surrender of any Town or Castle ought to be apprehended and kept in safe custody till their tryalls be past and not suffered to goe at large 6. That a Governour giving timely notice of the Enemies approach of the weaknesse of the Garrison his suing for timely said and repulsing of the Enemie for a season will no wayes excuse his surrender of a Town or Castle unlesse he bold it out to the utmost extremity or Surrender it by the consent of those who intrusted him with the Custody thereof 7. That the violent Battery of the Walles or drayning of the Dykes of any Castle or Citie or any breach made in them by the Enemy though extraordinary powerfull are no sufficient causes or excuses for any Governour to Surrender them upon composition to the Enemie while there is sufficient victualls men or ammunition to defend them And that they must in no wise be surrendred without consent of those who put in the Governour till the greatest part of the Soldiers be slaine the victualls or ammunition quite spent all hopes of reliefe dispaired of utterly upon good grounds Which is cleare saith he by the case of Weston who made a better defence of the Castle of Outhrewick with 38. men onely against more then 8000. Enemies who besiedged assaulted battered it for 6. dayes together with nine great Cannons and other Engines and pleaded farre more in his defence of his surrender of it then many now can doe for surrendring of Townes and Castles of far greater importance then this Castle was and yet for all this Weston in full Parliament was adjudged to death for it Thus farre the words of an adversary to me and Kings especiall friend and councellor and therefore of the more weight and authority Titus 1.12 13. Therefore my Lord laying all these things together as 1. Col. King and I being both Soldiers under one Generall namely the Earl of Manchester who was authorized by Parliament to govern
that he would by his power force them to serve 2 That he doth pay those great summes of money raised by him out of the County only to whom he pleaseth against all equity and justice notwithstanding the Lord of Manchesters Oâ—der to the contrary 3 That he hath publickly declared his slighting the Ordinances of Parliament and done very many tiranicall and arbitrary actions by imprisoning divers persons at his pleasure and exacting great summes of money at such time when necessity could be no plea with many other particulars 4 When he was before Nâ—wark he sent for a Captain * viz. Captaine Cony who kept Crowland who obeyed his command yet sent word to him of the danger that town was in and therefore dâ—sired his second pleasure which was that he â—ould march who accordingly did the Gentlemen of the Country fearing the enemie procured Major Ireton * Now Commissary Ireton to send a 100 Musquetiers to keep Crowland which he hearing of took ill that without order from him any should come into his liberties and commanded them to be gone who accordingly departed the enemie presently surprized the towne and those few that he had left in it by which meanes he betrayed the town unto the enemy which was not regained without much charge hazard and losse of many mens lives 5. That he gives protections for securing both person and goods to those who are professed enemies to the Parliament 6. That he imployeth such Officers as are altogether unfit for the Countryes service 7. That he doth most grosly and unworthily affront and abuse the wel-affected Gentry of the Country 8. That he doth encourage desperate Malignants and animateth them against the wel-affected 9. That he and his officers have imprisoned men wel-affected to the Parâ—iament and caused their houses chests trunks c. to be searched for pewter brasse and linning and threatened that they would make it cost one of them his whole estate and that one of his officers would not take three hun-pounds for his own satisfaction 10. That at the siedg before Newark such provision as the Country had voluntarily and freely sent in to Col. Kings quarters at Winthrop for the maintenance of the souldiers his officers would not deliver without money although they had not pay to the extreame oppression and discouragement of the Country 11. That he sent three warrants to Cap Bushy at Tattershall to take away a great quantety of wool which was bought by Mr. Rawson one of the Committee and paid for with his own money and so the said Rawson is likely to lose his estate although he hath been a sufferer both for Church and com-wealth this twenty years and hath made him a malignant both in his words and letters as much as in him did lye 12. That when the enemie took Grantham they being beaten from one part of the town wheeled about to fall upon the other side at a place cal'd the Spittlegate which Major Savil being then Major of the towne perceiving commanded Col. King being then Capr. of a Company there to march with his Company to defend that place Col. King answered that he scorned to be commanded by him and rather then he would be commanded by him he would take his company and let the enemie into the towne and he delayed so long before he would goe that the enemy was entred at the said port before he came thither by which meanes he betrayed that town 13 That when Commâ—ssary James had brought in certaine sheep from a malignant for the reliefe of the siedge at Newark being then in great want Col. King caused the said sheep to be restored to the malignant and told the Commisary that he deserved to be hanged with divers other threatening reviling speeches notwithstanding he had order from Sir Iohn Meldrum and the Committee for the taking of them 14. That Col. King having promised the Lord of Manchester to raise a great number of Horse and Foot the said Col. King as did appeare not knowing how to raise so great a number did to the great discouragement of the Country take this course in the first place he cashiered Major Syler with him three hundred Volentiers which served on their own charge who with the townesmen had alwayes defended the town of Boston that he might presse them to serve under him for pay And secondly he did sieze upon and detaine four or five of the foot Companies belonging to the Lord Willoughby and did cashiere some of the Captaines because they refused to forsake my Lord and to serve under him 15. That the troopes of Colonel Cromwel which were lost at Coleby and Waddington were treacherously or ignorantly betrayed by Colonel King 16. That to the great discouragment of the Country he doth oppose and quarrell with such as have been most serviceable to the Country and such in whom the power of Religion is most eminent viz L. G. Cromwel Mr. Ram and others and that he imprisoned divers other very Godly men and that for exercising the very power of Godlines which he did in a very scornfull and vile manner and still continueth an utter enemie to such men as namely L. C. Berry Major Lilburne Capt. Cambridge and others 17. That to the great discontent and discouragement of the Country he and his Officers did quarell with and flight the Committee at Lincoln which was setled by ordinance of Parl who were men of the best estates quality and integrity and such as were especially commanded to serve the Country and publickly vilifying them and their actions and assuming their power without any authority 18 That before this war began he was an open and publck persecuter and scoffer of religious men 19 That he is a man of a turbulant and factious spirit of meane condition and estate for so absolute a command that he hath received vast sumes of money amounting to about 20000l much of which he hath levied in an illegal and obscure way and issued out accordingly for which it is desired he may give a speedy accompt and likewise of the rest of his actions 20. That in a factious and seditious manner he did imploy some Agents to deliver blue ribbonds to such as would stand for him and show themselves his friends to the great terrour and discontent of the Country and the harzard of raising a dangerous mutinie 21. That he kept about 20. men to wait on him whom he cald his life guard to whom he gave extraordinary pay though they were exempted from all dutie except it were to wait upon him advance his reputation and awe and affright the Country 22. That he did awe and gaine the Country wholy after him and that he might with better colour domineere falsly styling himselfe Lievtenant Generall of the County of Lincoln To his much honoured friends the Councell of Adjutators Honoured and faithfull Gentlemen HAving this day received a message by Lievtenant Chillington and one more as comming from
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
his Army by Martiall Law which â—aw was plainly printed by the same Authority and openly published to the view of every Commander Officer and Soldiers for transgressing against which Articles many in a mâ—rciall way have lost their lives and no other visible Rule that I knew off was to be the Rule and Iudge of â—uâ— actions or offences but that Law unto the power and authority of which both Col. King and my selfe did voluntarily stoop and therefore as I humbly conceive we are not to be tryed by the Rules of the Common Law which I thinke no man in the world fully and truly knowes for our actions commited in our Soldier condition which is the true cause betwixt him and me 2. I did my duty according to the trust reposed in me by the State legall and representative and by my Generall from whom I had my commission and according to the private command of Lievtenant Generall Cromwell which was to be faithfull in my place and to complain either of Col. King or whomsoever I groundedly knew did any actions that tended to the ruine of Salus Populi the safety of the People or the State universall and he promised me upon his honour and Reputation * Both at Sleford and elsewhere that he would doe the best he could to have justice done which is â—he very life of all societies or Common wealths and that without which the people cannot be happie or safe yea and 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 shiâ—e and that country being lately wonne out of the hands of the Cavaliers there being very few of that Country it that time that desired Command under the Generall therefore saith he we are necessitated to make use of Col. King and to make him governour of Boston and Holland upon whom he look'd then as an active popular man who promised to doe mighty things for the good of that Country and the publique But in regard divers of the cheife men of Boston doe mislike him I have therfore saith he 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 Lilburne and thy Lievtenant Colonell John Bury by name whose faithfulnesse I can rest upon and for both of whom I have used my interest to place on purpose with him that so if hee should break out to the dishonour of my ingagement and the detriment of the publique I may from time to time bee sure to know of it from you 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 tyrannicall authority over all his Officers but especially those that were betrusted in Commission aswell as himselfe and to doe his cheife actions by the rule of his owne will without their privytie or advice something like divers of the present Grandees in the Army who by their late actions declare they have forgot their solemne agreement made at Newmarket which tended to the ruine of al that were under him consequently of that whole country he haveing treacherously lost Crowland and Boston put in extream danger by his absolute wilfulnesse if not treachery the making known whereof with his carriages at Newarke Seige c. cost me in sending posts to the Earle of Manchester and Leivtenant Generall Cromwell then in or about Camebridge I am very confident 20. or 30. l. which so madded him that he imprisoned Major Rogers for daring to goe and complain against him I being in those straights in regard of the charge I had taken upon me 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 owne Will cashiered his Leivtenant Colonell without ground or cause and endeavoured the appaâ—ent 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 soone as I durst leave my charge I posted away to Bedford where I found my Generall and Leivtenant Generall Cromwell and told them both fully of Kings carriage 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 Lincolnsheire had paid him divers thousands of pounds to pay his Officers and Souldiers at Newarke Seidge but I could not heare that he paid one penny to any Officer there and for my own part I am sure I could not get a penny from him yet lying base Mr. Prynn in one of his late bookes lyingly chargeth me with being accountable to the State for above 2000.l received of him see my answer to his charge in the last end of my booke called The resolved mans resolution although I am confident I 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 others 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 be of arrogancy pride and contention contesting with al or most of the cheife Commanders there that Sir Iohn Meldrum told me that he kindled such a fire of contention amongst them that he durst scarce cal a Councel of Warre to consult how to manage their buysines being there continually in contestation with my Lord Willoughby Col Rossiter Sir Myles Hubbard Sir Iohn Paragraffe and divers of the Lincoln Committtee c. which did so trouble and distract the old Knight Sir Iohn Meldrum our Commander in cheife that he knew not wel what to do when Prince Rupert came upon us by reason of our own distactions 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 Mr. Prynne 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 Seige raised then I desire to know what Colonell King deserveth who at the Seige of Newark carried himselfe so that hee did raise discontents and litle better then mutinies by meanes whereof the siege was not only raised but the whole Army
in a manner destroyed to the extraordinay 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 extream 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 fairly left us and shifted for himselfe without being plundered as wee were at which bout I lost well nigh a 100 l. being plundred from the crowne of my head to the sole of my foote and forced over hedge and ditch in by wayes for the safety of my life to march almost ten myles without a hat or Perewig having by cruâ—ll sicknesse lately lost my heire in Oxford Prison britches or doublet bootes or shooes 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 possibility 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 â—alton then Governour of Linne to intreat him to lend him at his great need and straitâ— or 500 men to defend the Towne till such time that he could get his owne Regiâ—enâ— againe together which he absolutely refused and told me plainly that hee would never send for another to command and affront him in his owne Jurisdiction which the Linne men would doe 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 Garison it made me beleeve hee in intended to betray it which I told to Captaine Camebridge now in Sir Thomas Fairfax his Army 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 Governour 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 goe 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 doe it that then we might doe it without him Vpon which we went and at first found him obstinate till as I remember Alderman Tilson told him that if he would not Joyne with them they would write to the Governour without him upon which he was drawne to subscribe but my Lord of Manchester and the Governour of Lyne or some others in authority being mindfull of us in our straites had ordred 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 arival of whom Col. King immediately commanded them out of the Town to go and besiedge Crowland which a little before by treachery of 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 Colonell to be and therefore entreated him to be sensible of the trust reposed in him and of his owne Honour and reputation professing unto him that if he at the command of Col. King marched away with al his men considering his orders the condition which the Town was in I should look upon it as a meere design betwixt him and Col King to betray the Town indeed telling him how weak and unfortified the Town was in a manner all round about being in divers places easy for a man with a Pike staffe to leape over it and therefore there was no way in the eye of reason to preserve it seing the Enemies intention as we heard was to fal 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 Hill 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 Collonell 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 Amunition 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 he had told us truth or no he having taken a quantity of powder with him and another sent him he sends his warrant to the Magazine keeper for ten barrels more not signifying one word of his minde to me who was then be trusted with the Towne upon the receipt of which old Mr. Coney the Magazine keeper came and told me that he had received an order from the Collonell 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 told 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 we send to him there is none to keep their guards saith he I asked him if there