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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

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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 dis●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 thio●●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 c●ndign● 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 ●xhibitted agai●st Col. Edward King for his insolencies and misdemenors in the County of Lin●oln to th● Honourable House of Commons in August 1644. by Mr. Mussenden Mr. W Ie● and diver wh●re of the Committee of Lincoln Imprimis that to the great discouragement of the County he doth openly declare his sl●ghting of mens good aff●ction to the Parliaments service by expressing that he ●a●ieth not that men should doe the Parliament service voluntarily but
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
I have largely elsewhere clearly manifested yet alas in my apprehention it falls short of Edward the confessours Lawes which the Conquerer rob'd England of and in stead of them set up the dictates of his own will whose Norman rules and pactizes to this day yet remaines in the administrations of the Common Law at Westminster Hall by reason of their tediousnesse ambiguities unceartainties the entryes in Lattine as bad as the French because it is not our own tongue their forcing men to plead by Lawyers and not permitting themselves to plead their own causes their compelling of persons to come from all places of the Kingdome to seeke for justice at Westminster which is such an iron Norman Yoke with fangs and teeth in it that if we were free in every particular else that our hearts can think of yet were we slaves by this alone the burthen of which singly will pirce and gall our shouldiers and make us bow and stoop to the ground ready to be made a prey not only by great men but even by every cunning sharking knave and therefore it is no wonder that Mr. Glyn the present Recorder of London and the rest of his jangling contentious tribe of Lawyers in the House of Commons were lately such bitter enimies against the great Petition of the honest plaine Citizens of London which Petition you may read in my printed Epistle of the 31. May 1647. to Col. Hen. Martin pag. 29 31 32 33 34 35. as they were that nothing would serve their turnes but to have it burnt by the hands of the hang-man seeing it honestly desires the remedie of the aforesaid grand evils which if it should be downe goes the Lawyers wicked trade which principally consists in setting the people together by the eares each with other whose jangling deviding practizes are as sutable to the peace of a well governed Common-wealth as Gunpouder and Brimstone is to quench a fire O therefore that your Lordship would desire and solicite our honourable Parliament according to the late Declaration forever to anihilate this Norman innovation and reduce us back to that part of the antient frame of government in this Kingdomes before the Conquerers dayes and that we may have all causes and differences decided in the County or Hundred where they are committed or do arise without any appeale but to a Parliament and that they may monthly be judged by twelve men free of honest condition chosen by themselves with their grave or chief Officer amongst themselves that they may be tyed by a pennall law without oaths to judge every mans cause aright without Feare Favour or affection and then farewell jangling Lawyers the wild-fire destroyers and bane of all just rationall and right governed Common-wealths and for faciliating of this worke and the prevention of fraud I shall only make use of Mr. Iohn Cooks words a Lawyer of Grayes Inn in the 66. pag of his late published book called a vindication of the Professors and profession of the Law where he prescribes a●ready remedy against frauds which is that there might be a publique Office in every County to register all Leases made for any lands and all bonds and Contracts of any value for saith he it is a hard matter to find out all Recognizances Judgements extents and other charges and two chargeable for the Subject that for 12. d. or some such small matter might know in whom the interest of land remaines and what incumbrances lye upon it and every estate or charge not entred there to be void in law and that the country have the chusing of the Registers in their respective Counties once a yeare upon a fixed day and that they have plaine rules and limitations made by the authority of Parliament and severe penalty inacted for the transgressing them which penaltie is the only way to keep them in awe and to doe impartiall justice and right My Lord I hope you will not be offended at me for my plainnesse especially if you consider the necessities laid upon me for I professe really I am not able to imagine any other remedy for my preservation but this having had my Petition about this businesse above a moneth in divers of my friends hands in the House of Commons but cannot get it read And having contested above this 7. yeares with all sorts and kind of persons that would destroy me and having often been in the field among Bullets and Swords to maintaine the common liberties and freedomes of England against al the declared trayterly oppugners therof and having by the goodnes of God escaped many dangers and deaths and being in my own apprehension ready to be ruinated and destroyed by a weapon inferior to a Taylors Bodkin namely a Formallitie or Puntillo in the Law it hath rouzed up my spirit to charge it with a Soldiers pure resolution in a new and unwonted manner being necessitated to cast all care behind me and say unto my selfe that as hetherto I have not lived by any mans favour and grace so for my own safety I will now be afraid of no mans indignation or displeasure cost what it will and if I perish I perish down right honesty and plaine dealing being to me the best pollicie knowing that uprightnesse begits boldnesse 2. If your Lordship or any other great man be moved with choller or indignation against me as I desire you may not and shall endeavour to doe me a mischiefe for this my plain dealing I hope I shall be kept out of danger by the authoritie of the Parliaments own Declaration but especially by those words of theirs in their exhortation to men to take their Covenant which are thus And as for those Clergy men who pretend that they above all others cannot Covenant to extirpate Episcopall Government because they have as they say taken a solemn oath to obey the Bishops in licitis honestis they can tell and if they please that they that have sworne obedience to the Law of the Land are not thereby prohibited from endeavouring by all lawfull meanes the abolition of those Lawes when they proue inconvenient or mischievous c. And I am confident that if I fall in●o the hands of those that made the Covenant who are the fittest interpreters of it I shall doe well enough But from the Sect of the Adamites * Alderman Adams was then Lord Major and a chiefe promoter of the Cityes damnable and wicked Remonstrance that would have no man live in England that are honester then themselves and from the late London Remonstrance that would have all men disfranchised although never so honest that are not of their minds and judgements and who doe and would rob the representative body of all the Commons of England of their Legislative power and from the executi●ners of strange and unknown Lawes which destroy and undoe men though never so upright by forma●lities and puntillo's good Lord d●liver From my house in Halfe-moon Alley in Petty-France neer