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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A88208	The just mans justification: or A letter by way of plea in barre; written by L. Col. John Lilburne. to the Honrble Justice Reeves, one of the justices of the Common-wealths courts, commonly called Common Pleas wherein the sinister and indirect practises of Col. Edward King against L. Col. Lilburne, are discovered. 1. In getting him cast into prison for maxy [sic] weekes together, without prosecuting any charge against him. 2. In arresting him upon a groundlesse action of two thousand pound in the Court of Common Pleas; thereby to evade and take off L. C. Lilburns testimony to the charge of high treason given in against Col. King, and now depending before the Honourable House of Commons hereunto annexed. In which letter is fully asserted and proved that this cause is only tryable in Parliament, and not in any subordinate court of justice whatsoever.	Lilburne, John, 1614?-1657.	1647 (1647)	Wing L2126; Thomason E407_26; ESTC R202758	35,413	28

that seriously I think there is neither end nor bottom of them so many uncertainties formalities puntillo's and that which is worse all the entryes and proceedings in Latine a language I understand not nor one of a thousand of my native country men so that my Lord when I read the Scripture and the House of Commons late unparaleld Declaration it makes me think that the practises in the Courts at Westminster Hall flow not from God nor his Law nor the law of Nature and reason no nor yet from the understanding of any righteous just or honest men but from the Devill and the will of Tyrants and oppressors for First my Lord the House of Commons declaration April 17. 1646. tels me that their inventions are not to change the antient frame of Government the safty weal of the people a most Goulden saying but J am sure it cannot be i● the peoples safety nor wealfare to have their lives liberties and estates judged by a Law the entrings and proceedings of which are in Latine and so without their understanding the●r cases in Heathen Greeke or Pedlers French and so beyond their knowledge and many of their rules in the orracle of Judges brests whose judgements many times have been destructive to the lives liberties and estates of all the free men of England witnesse there late Judgement in shipmoney c. neither are such practizes agreeable to the Antient constitutions of the Kingdome And secondly when God gives his Law unto the sonnes of men he doth it plainly without ambiguous termes and in their own language as first for Adam the law God give him was plaine and short with a declared penalty annexed unto Gen. 2 16.17 and the Lord God commanded the man saying of every tree of the Garden thou mayest freely eat But of the tree of the knowledge of good and evill thou shalt not eat of it for in the day thou eatest thereof thou shalt surely die And his law in the 9. of Gen. about murther is as plaine as this for who so shedeth mans blood saith he by man shall his blood be shed for in the 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 ambiguous or doubtfull tearmes short and in their own tongue Exo. 20. and that the people might be at a certaintie Moses as his Minister and officer writ and read it in the audience of the people unto which they gave their consent Exo. 24.3 4.7 and after that God writ them himselfe with his finger and delivered them to Moses that so the people might be taught them Exo 24.21 31 chap. 34. yea and in this plainesse was the Law God gave unto them which he did not only barely make 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 Deut. 5. and chap. 6. chap. 9. 11. Yea and commands them to teach their Children and to speak of them when they sit in their house and when they go abroad and when they lye down and rise up yea and that they should write them upon the posts of their houses and upon their gates Deut. 11.19.20 yea and that they should write them very plaine 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 punish 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 far off it is not in heaven that thou shouldest say who shall goe up for us to heaven and bring it unto us that we may heare it and and do it neither is it beyond the Sea that thou shouldest say who shall goe over the Sea for us and bring it unto us that we may heare it and doe it but the word is very nigh unto thee in thy mouth and in thy heart that thou mayst do it so saith he I have set before thee this day life good death and evill Deut. 30.11 12 13 14.19 yea and that the generations to come might not thinke that God dealt hardly with them in exacting obedience from them who lived not in Moses dayes to heare the Law so solemnly published he delivers as a standing 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 Israel is come to appeare before the Lord thy God in the place which he shall choose Thou shalt read this Law before all Israel 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 learne and feare the Lord your God and observe to doe all the words of this law And that their Children which have not known 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 we see how just and exact God is to the people in giving them a short plain and easie to be understood Law in their own tongue and not in the language of strangers and what care he takes to have it published and taught unto the people before he requires obedience to it or punisheth them for violation of it But if we will but impartially read our English histories we shall clearely find that the tedious unknown and impossible to be understood common law practises in Westminster Hall came in by the will of a Tyrant namely William the Conquerer who by his sword conquered this Kingdome and professed he had it from none but God and his sword Daniel fo 42. who subdued their honest and just law Speed fol. 424 commonly called the law of Edward the Confessor and as Daniel saith fol. 44 set up new tearmes 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 the Law of King Edward se all matters in question should upon especiall penalty without further deferment be finally decided in their Gemote or conventions held monethly in every hundred he ordained that foure times in the yeare for certain dayes the same businesse should be determined in such places as he would appoint where he constituted Judges to attend for that purpose and others from whom as from the bosome of the Prince all litigators should have justice and from whom was no appeale and made his

THE IVST MANS IVSTIFICATION OR A Letter by way of Plea in Barre Written by L. Col. John Lilburne to the Honr ble Justice Reeves one of the Iustices of the Common-wealths Courts commonly called Common Pleas Wherein the sinister and indirect practises of Col. Edward King against L. Col Lilburne are discovered 1. In getting him cast into prison for many weekes together without prosecuting any charge against him 2. In arresting him upon a groundlesse action of two thousand pound in the Court of Common Pleas thereby to evade and take off L. C. Lilburns testimony to the charge of high Treason given in against Col. King and now depending before the Honourable House of Commons hereunto annexed In which Letter is fully asserted and proved that this cause is only tryable in Parliament and not in any subordinate Court of justice whatsoever The second Edition with divers Additions presented as a necessary Apologie by the Author to all the Commons of England but especially to the Private Soldiers of his Excellency Sir Thomas Fairfax his Army August 1647. Levit. 19.15 Yee shall doe no unrighteousnesse in Iudgement thou shalt not respect the person of the poor nor honour the person of the mighty but in righteousnesse shalt thou iudge thy neighbour Lam. 4.9 They that be slaine with the sword are better then they that be slaine with hunger for these pine away stricken through for want of the fruits of the field SIR HAving lately taken upon my self that boldnesse to speake with you as you are one of the publique Iudges of the Kingdome about an honest poor man that was unjustly and without any legall authority cast into prison and finding a very courteous faire and rationall carriage from your Honour towards me at that time imboldneth me the more at this time being extraordinarily necessitated thereunto to write a letter to you in my own behalfe I being upon the fourteenth of April last arrested at Westminster upon an action of Trespasse by the Bayliffes thereof at the suit of an unjust and troublesome man commonly called Colonel Edward King and the Bayliffes pretended it was for so many thousand pounds although I am confident that I never was six pence in his debt in my life that they must have extraordinary Baile for my appearance So that I was forced to give them two house-keepers in Westminster and one stranger or else in their mercilesse hands I must remaine although I was very hard following of my businesse to perfection with the Parliament which hath stuck there almost six yeares to my extraordinary cost charge and losse of time and although I am confident that it is as iust a cause as any is in the world and hath so been adiudged by both Houses of Parliament as in this inclosed printed relation of the tryall and Iudgement of it before the House of Lords the 13. of February 1645. you may please to read I must ingenuously confesse that it did somewhat trouble me to be arrested in that manner having never before in my life been arrested to my remembrance and I was the more troubled in regard that my Ordinance of 2000 l. for my reparation which lately passed in the Lords house was depending in the house of Cōmons I was affraid that it might there stick if I were diverted from following it and I did not know but this arrest might doe it being of purpose for that end as I have iust cause to believe And being in a longing expectation for the Tearme to see my Antagonists Declaration I found in it that it is an Action of Trespasse for 2000. l. pretending that I said in October last that Col. King was a Traytor and I would prove him one and for taking away his good name which I scarce believe he ever had in his life and considering with my selfe what to doe I was resolved to make a Plea at the Barr of the Common-Pleas where you are the eldest and chiefest Iudge that Col. King and I being both Soldiers were in that condition to be governed by the Lawes martiall which were published with the stamp of Parliamentary Authority by the Generalls thereof And he having committed many grievous crimes against the Letter and true mean●ng of them I complained to the Earle of Manchester thereof being both his Generall and mine and at the same time divers Gentlemen of the Committee of Lincolne as Mr. Archer c. having Articles of a very high nature against him pressed my Lord to a tryall of him at a Councell of Warre and at the very same time the Major Aldermen and Town-Cleark of Boston came to Lincoln to my Lord with Articles of a superlative nature against King their Governour but could not get my Lord to let us injoy justice at a Councell of Warre according to all our expectations and as of right we ought to have had which at present saved his head upon his shoulders although he found cause to casheere him of most or all his great and profitable commands Yet notwithstanding others endeavoured to try whether justice could be had against him in Parliament and for that end in August 1644. Mr. Mussenden Mr. Wolley and divers others of the Committee of Lincolne did exhibit Articles of a very high nature to the House of Commons against him and to speake their own words in their 4th Article they say That when he was last before Newarke he sent for a Captaine who kept Crowland † Viz. Capt. Coney who obeyed his command yet sent word to him of the danger that that town was in and therefore desired his second pleasure which was that he should march who accordingly did the Gentlemen of the Country fearing the enemy procured Major Ireton † N●w Commissary Generall ●reton with Sir Thomas Fairfax to send 100. Musquetiers to keep Crowland which he hearing of took ill that any without order from him should come into his liberties and commanded them to be gone who accordingly departed the enemie presently surprized the town and those few that he had left in it by which meanes he betrayed the town unto the enemy which was not regained without much charge hazard and losse † Which blood I say lyes upon his head and for which in justice he ought to be hanged of many mens lives And in the 12th Article they plainly accuse him for betraying the Parliaments Garrison of Grantham these Articles with the rest having there hung ever since without a finall determination King knowing that I was a maine witnesse against him in divers of the things laid to his charge and bearing a malignant and inveterate mallice against me for opposing him in his unjust and unwarrantable actions while I was his Major and for discovering of them and often complaining of him to the Earle of Manchester and Lievt Gen. Cromwell c. to be revenged of me did upon the 19th day of Iuly 1645. plot contrive and by lying and false suggestions to some Members of the