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 iâ— 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 theâ—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
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
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
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
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