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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A88207	The iust mans iustification: or A letter by way of plea in barre; Written by L. Col. John Lilburne, to the Honourable Justice Reeves, one of the justices of the Common-wealths courts, commonly called Common Pleas. Wherein the sinister and indirect practices of Col. Edward King against L. Col. Lilburne, are discovered. 1. In getting him cast into prison for many weekes together, without prosecuting any charge against him. 2. In arresting him upon a groundlesse action of two thousand pounds in the Court of Common Pleas; thereby to evade and take off L. Col. Lilburns testimony to the charge of high treason given in against Col. King, and now depending before the Honourable House of Commons. In which letter is fully asserted and proved that this cause is only tryable in Parliament, and not in any subordinate court of justice whatsoever.	Lilburne, John, 1614?-1657.	1646 (1646)	Wing L2125; Thomason E340_12; ESTC R200876	25,288	20

Image of God made he man and so likewise when God comes to give a law unto the Isralites as a nation yea and that law which we call the Morrall law and observe as binding to us to this day he doth it in plaine words without amibguous or doubtfull tearmes short and in their owne tongue Exo. 20 and that the people might be at a certaintie Moses as his Minister and officer writ and reade it in the audience of the people unto which they gau● their consent Exo. 24 4.6 and after that God writ them himselfe with his finger and delivered them to Moses that so the people might be taught them Exo. 24.12 31.18 and chap. 34. yea and in this plainnesse was all the Lawes God gaue unto them which he did not only barely ranke and so let the people goe seeke them where they could find them but he also with Majestie proclaimes them openly and as if that were not enough that so they might know the Law and not in the least plead ignorance of it Moses declares it to them againe and againe Deu. 5 chap. 6. chap. 9. 11. Yea and commands them to teach their Children and to speak of them when they fit in their house and when they go abroad and when they lie downe and rise up yea and that they should write them upon the posts of their houses and upon their gates D●u 11.19.20 yea and that they should write them very plainly Deut. 27.8 and the reason is because the just God hath done and will doe just and righteous things and will not be so unjust as to punnish men for transgressing a law they know not and therefore saith Moses to Israel in the behalfe of the just God and his law It s not hidden from thee neither is it farre off It is not in Heaven that thou shouldests say who shall go up for us to Heaven and bring it unto us that wee may heare it and doe it neither is it beyond the Sea that thou shouldest say who shall go over the Sea for us and bring it unto us that wee may heart it and doe it But the word is very nigh unto thee in thy mouth and in thy heart that thou maist doe it so saith he I have set before thee this day life and good death and evill Deut. 30.11.12.13 14.19 yea and that the generations to come might not think that God dealt hardly with them in exacting obedience from them who lived not in Moses dayes to heare the Law so sollemnly published he delivers it a stnading Law in future generations unto the Priests Elders and people that at the end of every seaven Yeares in the solemnity of the yeare of release in the feast of Tabernacles When all Israell is com to appeare before the Lord thy God in the place which he shall choose Thou shalt read this Law before all Israell in their hearing Gather the people together men and women and children and thy stranger that is within thy gates that they may heare and that they may learne feare the Lord your God and observe to doe al the words of this Law And that their Children which have not knowne any thing may heare and learne to feare the Lord your God as long as you live Deut. 31.9.10.11.12.13 So wee see how just and exact God is to the people in giving them a short plain and easie to be understood Law in their owne tongue and not in the language of strangers and what care he takes to have it published and taught unto the people But if wee will but impartially read our English histories wee shall clearely find that the tedious unknowne and impossible to be understood common law practises in Westnmister Hall came in by the will of a Tyrant namly William the Conquerer who by his sword conquered this Kingdome and professed he had it from none but God and his sword Danniel 42. subdued their honest and just law Speed 424. commonly called the law of Edward the Confess and as Daniel saith fol. 44. set up new termes new constitutions new formes of pleas new offices and Courts and that whereas saith he fol. 46 before the causes of the Kingdome were determined in every Shire and by Law of King Edwad se all matters in question should upon especiall penalty with out further deferment be finally decided in their Gemote or conventions held monthly in every hundred he ordained that fower times in the yeare for certain dayes the same businsse should be determined in such place as he would appoint where he constituted Judges to attend for that purpose and others from whom was from the bosome of the Prince all litigators should have justice and from whom was no appeale and made his Judges saith Martin in his history folo 5. follow his Court upon all removes which tired out the English Nation with extreordinary troubles and excessive charges in the prosecution of their suites in Law and saith fol 4. he also enacted and established strait and severe Lawes and published them in his owne language as all the practizes of the Law and all petitions and businesse of the court were by meanes whereof many who were of great estate and of much worth tough ignorance did transgresse and their smalest offences were gerat enough to intitle the Conquerour to the lands and riches which they did possesse all which he seized on and tooke from them without remorse And although the agrieved Lords and sad People of England humbly petitioned him that according to his oath twice formerly taken that he would restore them the Lawes of St. Edward under which they were born and bred and not adde unto all the rest of their misery to deliver them up to be judged by a strange Law they understood not whose importunity so farre prevailed with him that he tooke his oath the third time to preserve their Lawes and liberties but like a perjur'd Tyrant never observed any of his oaths and the same saith Daniel Fol. 43. did Henry the first Henry the second and King Iohn c. and yet notwithstanding these followed saith he a great innovation both in the Lawes and Government of England so that this seems rather to be done to acquit the People with the show of the continuation of their ancient Customes and Liberties then that they enjoyed them in effect For the little conformity between them of former times and these that followed upon this change of State and though there may be some veines issuing from former originals yet the main stream of our Common law with the practice thereof flowed out of Normandy notwithstanding all objections can be made to the contrary and therefore J say it came from the Will of a Tyrant But it may be objected that the Law it selfe is not now either in French or Latine and therefore not so bad as you would make it I shall answer in the words of Daniel Follio 251. That it is true upon

THE IVST MANS IVSTIFICATION OR A Letter by way of Plea in Barre Written by L. Col. JOHN LILBURNE to the Honourable Justice Reeves one of the Justices of the Common-wealths Courts commonly called Common Pleas. Wherein the sinister and indirect practices of Col. Edward King against L. Col. Lilburne are discovered 1. In getting him cast into prison for many weekes together without prosecuting any charge against him 2. In arresting him upon a groundlesse action of two thousands pound in the Court of Common Pleas thereby to evade and take off L. Col. Lilburns testimony to the charge of high Treason given in against Col. King and now depending before the Honourable House of Commons In which Letter is fully asserted and proved that this cause is only tryable in Parliament and not in any subordinate Court of Justice whatsoever Levit. 19.15 Yee shall do no unrighteousnesse in Iudgement thou shalt not respest the person of the poore nor honour the person of the mighty but in righteousnesse shalt thou judge thy neighbour SIR HAving lately taken upon my self that boldnesse to speak with you as you are one of the publique Judges 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 imboldeneth 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 Colonell 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 stucke there almost six yeares to my extraordinary cost charge and losse of time and although I am confident that it is as just a cause as any is in the world and hath so been adjudged by both Houses of Parliament as in this inclosed printed relation you may reade I must ingenuously confesse that it did somewhat trouble me to be arrested in that manner having never before in my life bin arested to my remembrance and I was the more troubled in regard that my Ordnance for my reparation which lastly passed in the Lords House was depending in the House of Commons I was affraid that it might there stick if I were diverted from following it and I did not know but this arest might do it And being in a longing expectation for the Terme to see my Antagon●sts Declaration I found in it that it is an Action of Trespasse for 2000l 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 do I was resolved to make a Plea at the Barr of the Common Pleas where you are the eldest and chiefest Judge 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 Generals thereof And he having committed many grievous crimes against the Letter and true meaning 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 Lincoln as Mr. Archer c. having Artickles 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 Towne Cleark of Boston came to Lincoln to my Lord with Artickles 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 Yet notwithstanding others endeavoured to try whether justice could be had against him in the Parliament and for that end in August 1644 Mr. Mussenden Mr. Wolley and divers others of the Committee of Lincoln did exhibit Artickle of a very high nature to the House of Commons against him and to speake their own words in their 4th Artickle they say That when he was last before Newarke h● sent for a Captaine who kept Crowland who obeyed his command yet sent word to him of the danger that that Towne was in and th●refore desired his second pleasure which was that he should march who accordingly did the Gentlemen of the Country scaring the enemy procured Major Ireton to send 100. Musquetiers to keepe Crowland which he hearing of tooke ill That any without order from him should come into his liberties and commanded them to be gone who accordingly departed the Enemy 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 of many mens lives And in the 12th Artickle they plainly accuse him for betraying the Parliaments Garrison of Grantham these Artickles with the rest having there hung ever since without a finall determination King knowing that I was a main witnes 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 complayning of him to the Earle of Manchester and Lievt Gen. Crumwell c. to be revenged of me did upon the 19th day of July 1645 plot contrive and by lying and falce suggestions to some members of the House of Commons caused me to be committed as a prisoner and as a prisoner by vertue of that his unjust procurement I lay till the 14th of October 1645. to my extraordinary charge and dammage yea and to the hazard of my life as I could easily truly and undenyably demonstrate 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 imprisoned 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 Colonell Lilbourn 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