THE JUST MAN'S JUSTIFICATION▪ OR A Letter by way of Plea in Bar; Written by L. Col. JOHN LILBURNE, to the Honourable Justice Reeves, one of the Justices of the Commonwealth's 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 weeks together, without prosecuting any charge against him. 2. In arresting him upon a groundless action of two thousands pound in the Court of Common Pleas; thereby to evade and take off L. Col. lilburn's 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. Ye shall do no unrighteousness in judgement, thou shalt not respect the person of the poor, nor honour the person of the mighty: but in righteousness shalt thou judge thy neighbour. SIR, HAving lately taken upon myself that boldness to speak with you, as you are one of the public Judges of the Kingdom, about an honest poor man that was unjustly and without any legal authority cast into prison, and finding a very courteous, fair and rational 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 behalf. I being upon the fourteenth of April last arrested at Westminster, upon an action of Trespass, by the Bailiffs thereof, at the suit of an unjust and troublesome man, commonly called Colonel Edward King; and the Bailiffs 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 Bail for my appearance. So that I was forced to give them two housekeepers in Westminster, and one stranger, or else in their merciless hands I must remain, although I was very hard following of my business to perfection with the Parliament, which hath stuck there almost six years, to my extraordinary cost, charge, and loss 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 enclosed printed relation you may read. I must ingenuously confess 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 Ordnance for my reparation, which lastly passed in the Lord's House, was depending in the House of Commons, I was afraid that it might there stick, if I were diverted from following it, and I did not know but this arrest might do it. And being in a longing expectation for the Term, to see my Antagonists Declaration, I found in it that it is an Action of Trespass for 2000l pretending that I said in October last, that Col. King was a Traitor, 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 myself what to do, I was resolved to make a Plea at the Bar 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 Law's Marshal 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 Earl of Manchester thereof, being both his General and mine; and at the same time, divers Gentlemen of the Committee of Lincoln, as Mr. Archer etc. having Articles of a very high nature against him, pressed my Lord to a trial of him at a Council of War, and at the very same time, the Major, Aldermen and Town Clerk of Boston, came to Lincoln to my Lord, with Articles of a superlative nature against King their Governor, but could not get my Lord to let us enjoy Justice at a Council of War, 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 article of a very high nature to the House of Commons against him, and to speak their own words in their 4th article, they say. That when he was last before Newarke, h● sent for a Captain who kept Crowland, 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, scaring the enemy, procured Major Ireton 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 Enemy presently surprised the Town, and those few that he had left in it, by which means he betrayed the Town unto the Enemy, which was not regained without much charge hazard, and loss of many men's lives. And in the 12th. Artickle, they plainly accuse him for betraying the Parliaments Garrison of Grantham, these Articles with the rest, having there hung ever since without a final determination, King knowing that I was a main witness against him, in divers of the things laid to his charge, and bearing a malignant and inveterate malice 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 Earl 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 false suggestions to some members of the House of Commons, caused me to be committed as a prisoner, and as a prisoner, by virtue of that his unjust procurement, I lay till the 14th. of October 1645. to my extraordinary charge and damage, yea, and to the hazard of my life, as I could easily, truly, and undeniably 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 appears by the following Copy of my releasement. Die Martis 14. October, 1645. MR. Recorder acquainted the House, that two Sessions were now passed, since Lieutenant Colonel 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 tried or to be discharged, and it is thereupon resolved upon the question, that Lieutenant Colonel Lilbourn be forthwith discharged from his imprisonment. Hen. Elsing. Cler. Parl. D. Com. To the Keeper of Newgate or his Deputy. And that King was the instrumental 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. Page of his book entitled the Liar confounded, and by what I find recorded under King's hand in the 8th. page of his copartner, Doctor Bustwicke Book, written against self, for although Doctor Bastwick be now my bitter Enemy, and his hand be with Kings to the Information which Doctor Bastwick here saith was put into the House of Commons against me: yet I am apt to think that King was the Ringleader in it, because at that time there was no visible nor professed breach of friendship betwixt Doctor Bastwick and myself. Upon which provocation by King, it might be, and I do believe it to be true, that I might be free in my discourse at several times of King, and the forementioned charge ●f Treason given into the House of Commons against him, and I am very confident it will be made good by sufficient proofs and witnesses, according to the rules of War, when it there comes to a trial, but do not own the words specified by him in every particular. Therefore I conceive it unjust, irrational, and Anti-Parliamentary, for an inferior and subordinate Court, as the Court of Common Pleas is, to meddle with this business, it being now dependent in Parliament, the supreme Court, and unjudged there as yet, although the prosecutors aree rady at their utmost peril to prove their charge against him. Therefore my Lord, in my apprehension, King's former malice manifested about my commitment, and his present bringing me before you, are mere evasions and tricks to terrify me and all others from prosecuting him in Parliament, and also (under favour) your meddling with it in your Court, it being still depending in Parliament, and not by them referred to you, is an encroachment upon their Privileges, and I am the rather confirmed in this opinion, when I seriously read over Mr. Prinnes Book, called the doom of cowardice and trenchery, he being Colonel Kings very good friend and councillor, 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 Rolls of Parliament of the 1. R. 2. num. 38, 39, 40. which contains the case of Gomery and Weston, hath these observations and inferences from them, in the 7th. page thereof. That it is to be remembered, that jeffery Martin Clerk 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 detriment to the whole Kingdom, and so fit to be determined by the representative Body of the Kingdom. 2. That the Cowardly delivering up of any Town or Castle by the Governor thereof, to the Enemy, is a Capital Offence, deserveth death, and likewise the loss of it through his negligence or default. 3. That every Governor, who takes upon him the custody of any Fort or Town, is obliged in point of Trust, and duty, under Pain of DEATH to defend it to the utmost extremity. 4. That the concurrent consent of a Council of War or Soldiers, to render up a Town to the Enemy before utmost extremity, for the saving of the Houses, Lives and Goods of the Soldiers or Inhabitants, is no excuse at all to justify or extenuate such a Governors 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 Trials be past, and not suffered to go at large. 6. That a Governor giving timely notice of the Enemy's apporach, of the weakness of the Garrison, his s●ing for timely aid, and repulsing of the Enemy for a season, will no ways excuse his surrender of a Town or Castle, unless he hold it out to the utmost extremity, or Surrender it by the consent of those, who entrusted him with the Custody thereof. 7. That the violent Battery of the Walls, or draining of the Dykes of any Castle or City, or any breach made in them by the Enemy (though extraordinary powerful) are no sufficient causes or excuses for any Governor to Surrender them upon composition to the Enemy, while there is sufficient victuals, men, or ammunition to defend them; And that they must in no wise be surrendered, without consent of those who put in the Govirnour till the greatest part of the Soldiers be slain, the victuals or ammutioun quite spent, and all hopes of relief despaired of utterly upon good grounds. Which is clear by the Case of Weston, who made a better defence of the Castle of Outbrewick with 38. men only, against more than 8000. Enemies, (who besieged, assaulted, battered it for 6. days together, with nine great Cannons and other Engines, and pleaded fare more in his defence of his surrender of it, than many now can do, for surrendering of Towns and Castles of far greater importance, than this Castle was, and yet for all this Weston in full Parliament, was adjudged to death for it. Thus far the words of an adversary to me, and Kings especial friend and councillor, 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 General, namely the Earl of Manchester, who was authorized by Parliament to govern his Army by Martial Law, which Law was plainly printed by the same authority, and openly published to the view of every Commander, Officer & Soldier; for transgressing against which Articles, many in a martial way have lost their lives, and no other visible Rule that I knew off, was to be the Rule and Judge of our actions, or offences, but that Law, unto the power and authority of which, both Col. King and myself did voluntarily stoop, and therefore (as I humbly conceive) we are not to be tried by the Rules of the Common Law, (which I think no man in the world fully and truly knows) for our actions committed 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 Legal & representative, and by my General from whom I had my Commission, and according to the private commands of Lieutenant General Crumwel, which was to be faithful in my place, and to complain, either of Col. King, or whomsoever I groundedly known, did any actions that tended to the ruin of Salus Poppuli, The safety of the People, or the State universal, and he promised me upon his Honour and Reputation, that he would do the best he could to have justice done, which is the very life of all societies or Common Wealths, and that without which, the People cannot be happy or safe; yea, & he gave me the reason, wherefore he so earnestly tied me to it, which was because our General with his Army was to march out of Lincoln Shire, and that Country being lately won out of the hands of the Cavaliers, there being very few of that Country at that time that desired Command under the General, (saith he) we are necessitated to make use of Col. King, and to make him governor of Boston and Holland, upon whom he looked then as an active popular man, who promised to do mighty things for the good of that Country, and the Public. But in regard divers of the chief men of Boston do mislike him, I have therefore (saith be) in his behalf engaged myself to them for him, that he shall be faithful, just and honest towards them, and therefore in regard I have no large experience of the man, and of his temper, I principally look upon thee Lilbourne, and thy Lieutenant Colonel, whose faithfulness. I can rest upon, & for both of whom I have used my interest, to place on purpose with him, that so if he should break out to the dishonour of my engagement, and the detriment of the public, I may from time to time be sure to know of it, that so it may be prevented before it be past remedy. But King being puffed up with his Command, took upon him an absolute regal tyrannical authority over all his Officers, but especially those that were betrusted in Commission aswell as himself, and to do his chief actions by the rule of his own will, without their privity or advice, which tended to the ruin of all that were under him, and consequently of that whole country, he having treacherously lost Crowland, and Boston put in extreme danger, by his absolute wilfulness, if not treachery, the making known whereof, with his carriages at Newarke Siedge etc. cost me in sending posts to the Earl of Manchester, and Lieutenant General Crumwell, then, in or about Cam●bridge, I am very confident 20. or 30. l. which so madded him, that he imprisoned Major Rogers for daring to go and complain against him, I being in those straits in regard of the charge I had taken upon me, that I durst not stir myself, till all was clear, without fear or danger of an enemy, he having already by the Law of his own will, cashiered his Lieutenant Colonel, without ground or cause, and endeavoured the apparent 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 soon as I durst leave my charge, I posted away to Bedford, where I found my General, and Lieutenant General Crumwell, and told them both fully of King's 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 etc. who were to engage their lives a thousand times more than himself, in managing the designs he set them about, and that the Committee of Lincolnshire had paid him divers thousands of pounds to pay his Officers and Soldiers at Newarke Siedge, but I could not hear 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, although I am confident I took as much pains 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 Sutler's, made both myself and other of his Officers and Soldiers, pay ready money for a great part of it, to their extraordinary discontent, provoking them thereby to mutiny. And so full was he of arrogancy pride and contention (contesting with all, or most of the chief Commanders there) that Sir john Meldrum told me, that he ●indled such a fire of contention amongst them that he durst scarce call a Council of War to consult how to manage their business, for fear King should set them all together by the earres, and so destroy the business, being there continually in contestation with my Lord Willoughby, Col. Ross●ter, Sir Miles Hubbard, Sir john Pagraffe and divers of the Lincoln Committee etc. which did so trouble and distract the old Knight Sir john Meldrum, our commander in chief, that he knew not well what to do, when Rupert came upon us, by reason of our own distractions a-among ourselves. And I dare confidently aver it upon my conscience, that he (namely King) was one of the greatest instruments of our overthrow and ruin, and therefore if Thomas Earl of Lancaster, (as Mr. Prinne in the 2. page of the foresaid book recordeth) was proclaimed a Traitor, by the whole Army in the 12. year of King Edward the second; for departing in discontent from the Army, at the siege of Barwick, by means whereof it was not taken, and the siege raised; then I desire to know what Colonel King deserveth, that at the siege of Newark carried himself so, that he did raise discontents, and little better than mutinies, by means whereof the siege was not only raised, but the whole Army in a manner destroyed, to the extraordinary danger of the whole Kingdom. I also told my Lord that after the articles of agreement was concluded, Colonel King commanded, (and in a manner forced me) contrary to the Agreement, to march away his Regiment in a hostile manner, with their arms, etc. by means 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 itself, and to the extreme hazard and danger of abundance of our lives; yet King was so honest, and valiant, that as soon as he saw the storm fall upon us, he fairly left us, and shifted for himself, without being plundered as we were, at which bout I lost well nigh 100 l, being plundered from the crown of my head to the sole of my foot. I further told him, that the Town of Boston had been in extreme danger, for after Lincoln was discerted, and rupert's forces possessed of it, and daily news brought into Boston, that Rupert would assault it on both sides the river; I moved Colonel King, that seeing the arms of his own Regiment etc. was lost, and he in no possibiltiy to defend the Town of himself at the present, that therefore (the Town being of that consequence, that if it should be lost, the Enemy might presently make it, the absolutest strong Town in England for themselves) that he would forthwith send to Colonel Walton, than Governor of Linne, to entreat him to lend him at his great need and straight 4. or 500 men, to defend the Town, till such time that he could get his own Regiment again together, which he absolutely refused, and told me plainly that he would never send for another to command and affront him in his own Jurisdiction, which the Linne men would do, (he said) if they come, at which, I being exceedingly troubled, that he should prefer his own domination before the preservation of so considerable a Town and Garrison, it made me believe he intended to betray it. Whereupon I went to Mr. Major, then as I remember, at Alderman Tilsons, and told them both, with some others, that their Town was in extraordinary danger to be lost, and they all undone, if they did not look about them presently, and told them all the discourse I had had with their unjust oppressing Governor, and told them I conceived all was not right, and therefore I judged myself bound in duty and conscience both before God and man, to tell them what I apprehended of things, and how near their danger and ruin was at hand, and if they would not help to save themselves according to the law of Nature, their ruin be upon themselves; they desiring of me to let them know, what I would advise them to, I told them my advice was, for as many of them to go with me to Colonel King once again, as they thought fit, and let us jointly press him to send to Linne for men, and if he would not do it, that then we might do it without him. Upon which, we went, and at first found him obstinate till (as I remember) Alderman Tilson told him that if he would not join with them, they would write to the Governor without him) upon which he was drawn to subscribe, but my Lord of Manchester and the Governor of Line, or some others in authority; being mindful of us in our straits, had ordered 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 arrival of whom, Col. King immediately commanded them out of the Town, to go and besiege Crowland, which a little before by treachery or his own absolute wilful negligence, he had given up unto the declared Traitors, and professed enemies of the State and Kingdom. Of which as soon as I fully understood, I went to Major Frankling, and desired to see his order by virtue of which he came to Boston, and told him how things stood with us, and in what temper I conceived my Colonel to be, and therefore entreated him to be sensible of the trust reposed in him, and of his own Honour, and reputation, professing unto him, that if he at the command of Col King, marched away with all his men, considering his orders, and the condition which the Town was in, I should look upon it as a mere design betiwxt 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 staff to leap over it, and therefore there was no way in the eye of reason to preserve it, seeing the Enemy's intention (as we heard) was to fall upon it, unless 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 Hall, debated with him his positive command, and with much ado prevailed that himself and a great part of his Soldiers should stay to defend the Town, and myself being left by Col. King, with the consent of the Major and Aldermen, to take care of the town, I went to Major Frankling, and desired him to go with me to Colonel King, to know what Ammunition 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 Ammunition and, being very busy in sending away men, guns, etc. to the intended leaguer of Crowland. I did not go to the Magazine, to see whether be had told us truth or no, he having taken a quantity of powder with him, and an other sent him, he sends his warrant to the Magazine Keeper, for ten barrels more, not signifying one word of his mind to me, who was then betrusted with the Town, upon the reciet of which old Mr. Coney the Magazine keeper, came and told me that he had received an order from the Colonel, to send him ten barrels of powder, and saith he what shall I do, 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 Colonel 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 than 10, the which if we send to him, there is none to keep their guards (saith he) I asked him if there were not a private store-house for powder, and he told me none at all, than we began to reckon how many barrels were gone out, since he assured Major Frankling and myself that he had 100 in store, and all that both the Magazine Keeper, and myself could reckon, with those 10 in his hands, and all he had since that day delivered out, was (as I remember) 24 or 26: Whereupon I went to Alderman Tilsons, and asked him whether the Major, himself, 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, ●t which he stood amazed, and from him I went to Colonel King's wife, and desired to know 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 business, and said to her, that I wondered her Husband should assure Major Frankling and myself, that he had 100 barreles 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 Town 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. And I being by the General sent post to London to the Committee of both Kingdoms, about his marching to take Lincoln again, and from thence to march to York, to join 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 against him at Lincoln, and desired it might receive a fair hearing before the General and a Counsel of War, and that justice might be done according to the rules of War, and Mr. Archer and others of the Committee of Lincoln, drew up a very heinous charge against King, and laboured hard for a trial, and in the third place the Major, Aldermen, and town Clerk, of Boston, came to Lincoln with their Articles against him, which were home enough, and to my knowledge pressed Leu. Gen. Crumwell, to use all his interest in my Lord, that they might be admitted to make them good, before him, and a Counsel of war, but we could not all prevail, the reason of which I am not able to render, unless it were that his two Chaplains Lee, and Garter, prevailed with the Earls two Chaplains, Mr. Ash and Good, to cast a clergy mist, over their Lords eyes, that he should not be able to see any deformity in Colonel King, but this I dare confidently say, if there we had, had but fair play, and justice impartially, King had as surely died, as ever malefactor in England did, and to use the words once again of his own bosom friend, and Counsellor, 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 Pears of the Realm, and had taken upon him safely to keep to the a foresaid Grandfather (King of England) the town of Berwick: The said Baron perceiving afterward, that the said Grandfather, addressed himself to ride into France, the said Baron (without command of the said Granfather) committed the said town of Barwick to a valiant Esquire Robert Deogle, as Leiu. to the said Baron, for to keep safe the town of Barwick to the said Grandfather, and the said Baron went as an horseman to the said parts of France, to the said Grandfather, 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 Leiu. to the said Baron, valiantly 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 there slain in the defence of the same, notwithstanding that the said Barron himself, had taken upon him the safeguard of the said Town, to the said Grandfather, and departed himself without command of the said Grandfather, and the said town of Barwick lost, in the absence of the Baron, he being in the company of the said Grandfather, in the parts of France, as aforesaid, It was adjudged in Parliament, before his Pears, that the said Town was lost, in default of the said Baron, 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 die who left a Deputy so manfully to defend the Town, and also was himself with the King in the service, much more King, merely in reference to Crowland singly, who being Governor thereof, and having placed Captain Cony therein as his Deputy, with a company of men, sent for him in a bravado humour to Newwarke, when he had no urgent necessity for him, unless it were that the world might see the bravery of his Regiment, with by his agumentation amounted to about 1400, when Cap. Cony certified him, that the Town being generally Malignant &c would be in great danger by the Beverkers of being lost if he should come away, yet notwithstanding King sent to him again, and did command him away, and put in a guard of slander and unsafe men, which presaged alosse of it to the Committee residing in Holland, upon which they acquainted Com●●ssary Gennerall; Ireton then Deputy, Governor of the I'll of Ely, and earnestly entreated him to send a strong guard to preserve and keep it, and he accordingly sent (as I remember) Captain Underwood, astout man with about a 100 soldiers etc. of which when King heard, he was exceeding mad, and did write a most imperious bitter letter, to command them out of his Jurisdiction, where upon they were necessitated to dep●rt, and leave Crowland to his own slender and treacherous guard, by means of which, within a little while after the Enemy had advantage to surprise that Town without opposition, or difficulty, and did it, so that to speak in the words of the Articles remaining in Parliament against him, he betrayed that Town, which was not regained without much hazzord and loss, the expense of a great deal of treasure and many men's lives, the blood of all which he● upon his head, for the loss of which alone (besides his treachery both to the state universal and representative) he ought to die without mercy, by the Moral and undispensable Law of God, made long before that ever the Jews were a Nation, or had any Ceremonial Law given unto them, which Law is expressed in Gen 9 5, 6. where God speaking 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 man: at the hand of every man's brother will I require the life of man. Who so sheddeth man's blood, by man shall his blood be shed, for in the Image of God made he man, read Revel. 13.10. But King, though his own hands did not murder the soldiers that lost their lives in taking it in again, yet he was the true fountain and cause wherefore their blood was shed, Deut. 22.8. Judge 9.24. 2 Sam. 12.9. having apparently, by his wilfulness and treachery, lost the Town; and therefore, wilful blood being upon his heat, he ought to make a legal satisfaction, and expiation by his own blood: I wish with all my soul the Parliament (your Lordship, and all the rest of the Judges of this Kingdom) would seriously consider and ponder upon this unrepealable law of God, that so wilful murderers and bloodthirsty men might not escape the hands of Justice, and so bring wrath from God upon the whole Kingdom, Gen. 4.10, 11, 12. Deut. 19.10. Psal. 106.38. Jer. 7.5, 6. and 19 ●, 4 Lament 4 13, 14. Hosea 4.2, 3 Joel 3.19. Heb. 2.8. which cannot be expiated but by the blood of him that shed it, Numb. 35.33. Deut. 19 12, 13. 2 Sam. 4 11, 12, 1 King. 2. 5.6.3●, 32, 33. and 21 19 and 2 King. 9.7, 8, 9, 10, 36.33. and Chap. 24. 2, 3, 4. but especially that you would think upon the grand Murderer of England (for by this impartial Law of God there is no exemption of Kings, Princes, Dukes, Earls, Barons, Judges, or Gentlemen, more than of Fishermen, Cobblers, Tinkers, and Chimney- sweepers) upon whose shoulders all the innocent blood that hath in such abundance been shed in this Kingdom, etc. lies, for which reckoning I am sure the score is not acquitted in the account of God, nor ought it not to be in the account of man, For if the innocent and righteous blood of one Abel, cried so loud for vengeance in the ears of God, against Cain, that God cursed him and all he went about: 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 cares of God, for wrath and vengeance against those that have been the true fountain and cause of it, for shall it is, and upon some body the guilt of it lies; and therefore it is but a folly and madness, for the King, Parliament, or People, to talk of peace, till inquisition be made for England's innocent blood, and Justice done upon the guilty, and wilful sh●ders of it, for besides the Law of God in Gen. 9 he saith plainly, Numb. 35.31. That there shall no satisfaction be taken for the life of a murderer, but that he shall surely be put to death, and in vers. 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 Jerusalem (although a King) God sent bands of the Chaldeans, Syrians, Moabites, and Ammonites to destroy Judah, and remove them out of his sight, for the sins of Manass●h their King, and for the innocent blood that he had shed, (which the text saith) The Lord would not pardon, 2 King. 24.2, 3, 4. Yea, and because Saul (though a King) slew some of the Gahonites contrary to the Covenant made with them, God sent a famine upon all Israel for three years, 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 himself was dead and his blood could not be had, seven of his sons (of his own blood) must and was hanged up to make satisfactions therefore, Sam. 2.21.1, 2, 3, 4. to the 9 My Lord, the unsufferable provocation of Colonel King, forceth me to present these lines unto you, and I doubt not, but these will tend to his long deserved ruin; and therefore to speak in the words of his friend Mr. Prinne, in a case of the like nature It is the just hand of God, many times so fare to dementate the very wisest politicians, as to make themselves the principal contrivers of their own infamy and ruin: 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 do with the business, being it is dependant in Parliament the supreme Court of the Kingdom,) necessitated me to publish the whole state of the business betwixt him and me to the view of the world, because at your Bar I cannot make a plea at large to the whole body of the Articles, but must be tied up, 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 yield unto, besides I must, as I am told, plead at your Bar by Sergeants at Law, none of which I know, and therefore will not trust them, come ruin and destruction, and what ever will of me. Again, my Lord, I must there be tried by a Jury that neither knows me, nor I them, nor knows any of Kings habituated knavery, nor understands any thing of Martial 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 Sheriff, of which kind of creatures I ne●er heard any great commendation for their honesty, but have heard of much judging and packing betwixt them and such kind of crafty and large conscioned fellows, as my Adversary King the Lawyer is. Again, my Lord, that which is the greatest mischief of all, and the oppressing bondage of England ever since the Norman yoke, is this, I must be tried before you by a Law (called the Common Law) that I know not, nor I think no man else, neither do 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 business, I cannot find two of them of one mind, or that can plainly describe unto me what is the way of your go; so that I profess I am in the dark amongst briers and thorns, and fast in a trap by the heels, 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 gulf have I by a little search found, the Law practices in Westminster Hall to be, that seriously I think there is neither end nor bottom of them, so many uncertainties, formalities, puntilloes, and that which is worse, all the entryes and proceed in Latin, 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 practices in the Courts at Westminster, 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 Devil, and the will of Tyrants. First my Lord, the House of Commons declaration April 17. 1646 tells me, that their intentions are not to change the ancient frame of Government within this Kingdom, but to obtain the end of the Primitive institution of all Government, the safety and weal of the people, (amost golden saying) but I am sure it cannot be for the people's safety, nor welfare, to have their lives, liberties, and estates, Judged by a law● the enterings and proceed of which are in Latin, and so without there understanding there cases in Heathen Greek of Pedlar's French, and so beyond their knowledge, and man of their rules in the orracles of Judges breasts, whose judments many times have been destructive to the lives liberties and estates, of all the free men of England, witness there late Judgement in shipmoney etc. neiteer are such practices agreeable to the Ancient constitutions of Kingdoms. And secondly when God gives his law unto the sons of men, he doth it plainly, without ambiguous terms, and in their own language, as first for Adam, the law God gave him was plain and short, with a declared penalty annexed unto it, 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 evil, 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 murder is as plain as this, for who so sheddeth man's 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 Moral law, and observe as binding to us to this day, he doth it in plain words, without amibguous or doubtful terms, short and in their own tongue Exo. 20 and that the people might be at a certainty, Moses as his Minister, and officer, writ, and read it in the audience of the people, unto which they gau● their consent, Exo. 24 4.6. and after that God writ them himself 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 plainness, was all the Laws God gave unto them, which he did not only barely rank, and so let the people go seek them where they could find them, but he also with Majesty, proclaims 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 again, and again 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 down, 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 do 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 behalf of the just God, and his law, It's not hidden from thee, neither is it fare off It is not in Heaven, that thou shouldests say who shall go up for us to Heaven, and bring it unto us, that we may hear it, and do 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 we may heart it, and do 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 and good, death and evil 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 days, to hear the Law so solemnly published, he delivers it a stnading Law (in future generations) unto the Priest's Elders, and people, that at the end of every seven Years, in the solemnity of the year of release, in the feast of Tabernacles: When all Israel is come to appear 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 hear, and that they may learn, & fear the Lord your God, and observe to do all the words of this Law: And that their Children which have not known any thing, may hear and learn to fear 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 easy 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. But if we will but impartially read our English histories, we shall clearly find, that the tedious, unknown, and impossible to be understood, common law practices in Westnmister Hall, came in by the will of a Tyrant, namely William the Conqueror, who by his sword conquered this Kingdom, 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 terms, new constitutions, new forms of pleas, new offices, and Courts, and that whereas (saith he fol. 46) before the causes of the Kingdom were determined in every Shire, and by Law of King Edwad se. all matters in question should upon especial penalty, with out further deferment, be finally decided in their Gemote or conventions held monthly in every hundred, he ordained, that four times in the year for certain days, the same business 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 bosom of the Prince, all litigators should have justice, and from whom was no appeal, 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 suits in Law, and saith fol 4. he also enacted, and established straight and severe Laws, and published them in his own language (as all the practices of the Law, and all petitions and business of the court were) by means whereof many (who were of great estate, and of much worth) tough ignorance did transgress, and their smallest offences, were gerat enough to entitle the Conqueror to the lands, and riches which they did possess: all which he seized on and took from them without remorse. And although the aggrieved Lords, and sad People of England, humbly petitioned him, that according to his oath (twice formerly taken) that he would restore them the Laws of St. Edward, under which they were born and bred, and not add unto all the rest of their misery, to deliver them up to be judged by a strange Law they understood not, whose importunity so fare prevailed with him, that he took his oath the third time, to preserve their Laws, and liberties, but like a perjured Tyrant, never observed any of his oaths, and the same (saith Daniel Fol. 43.) did Henry the first, Henry the second, and King john. etc. and yet notwithstanding these followed (saith he) a great innovation, both in the Laws 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 Customs 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 veins 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 I say it came from the Will of a Tyrant. But it may be objected, that the Law itself, is not now either in French or Latin, 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 Petition of the Commons to Edward the third, He caused Pleas which before were in French, to be made in English, that the Subjects might understand the Law by which he holds what he hath, and is to know what he doth, a blessed Act, and worthy so great a King; If he could thereby have rendered the same also perspicuous, it had been a work of eternal honour, but such (saith he) is the Fate of Law, that in what language soever it speaks, it never speaks plain, but is wrapped up in such difficulties and mysteries, (as all proffessions of profit are) as it gives more affliction to the People, than it doth remedy, & therefore when Magna Charta, after many a bloody Battle, and the purchase of many hundred thousands of pounds, was obtained and confirmed by Edward the first, in the 27. year of his Reign, divers Patrons of their Country, as Sir Edward Cook. in his Proem before the second part of his Institutes, declares, that after the making of Magna Charta, etc. divers learned men in the Laws, (that I may use the words of the Record) kept Schools of the Law in the City of London, and taught such as resorted to them, the Laws of the Realm, taking their foundation from Magna Charta, and Charta de Forresta, which the King sought to impeach, and therefore, in the 19th year of his Reign, by his Writ, commanded the M●●or and Sheriffs of London, to suppress all such Schools, under great penalties, (such enemies are Tyrants, to the People's knowledge & understanding of their Laws and Liberties, that so they may rule by their wills and pleasures, for the impugning and infringing of which &c. this wicked and lewd King, was disthrone, at the doing of which, he confessed, that he had been misguided, and done many things whereof now (too late) he repent, which if be were to govern again, he would become a new man, and was most sorrowful to have offended the State, as it should thus utterly reject him, but yet gave them thanks that they were so gracious unto him, as to elect his eldest son for King. And Henry the third, in the 2. 8th years of his Reign confirmed the great Charter, which notwithstanding he continually broke them, and fetched over the Poictonians, by the advice of his evil Council, to over-awe his People, and annih late their Liberties, wherefore his Nobles &c. sent him express word, Thât unless he would amend his do they would expel him and his evil Councillors out of the Land, and deal for the creation of a new King. Daniel. Fol. 154. But I desire not to be misunderstood, for in the harshness of my expressions again the Common Law, I put (as I conceive) a clear distinction of it, from the Statute Law, which though there be many faults in it, as I could easily show, yet I desire not here to say any greater evil of it then this, that the 28, 29. Chap. of Magna Charta, the Petition of Right, and the late Act for abolishing the Star-Chamber, are gallant Laws, and the best I can find in the whole vollumnious Book of Statutes, for in my apprehension they fall far short, in a sufficiently providing for that which lately the Honourable House of Commons saith is the end of all Government, (the safety and weal of the People, for in my judgement, they do not positively and legally hold out a sufficient security to hedge about to keep in peace and to preserve the splendour and glory of that underived Ma●est● and King ship, that inherently resides in the People, or the State universal, (the representation or derivation of which, is formally and legally in the State 〈◊〉 representative, and none else, (whose actions ought all to tend to that end) against 〈…〉 usurpations, and violences of all its creatures, officers and Ministers, in the number of which are Kings themselves, from whom, and for whom they have all their Power and authority, as the executions of their will and mind, for their good and benefit, to whom they are accountable for the faithful discharge of that trust reposed in them, as not only Scripture, but nature and reas●n, doth fully prove, yea, and our own writers, especially the late Observator, and Mr. Prinne, in his Sovereign power of Parliaments, and Kingdoms, printed by special authority from the house of Commons. 2. Although Magna Charta be commonly called the English man's inheritance, because it is the best in that kind he hath, and which was purchased with so much brave English blood, and money, by our forefathers, before they could wring it out of the hands of their tyrannical Kings (the successors of William the Conqueror) as I have largely elsewhere clearly manifested, yet alas in my apprehension, it falls short of Edward the Confessors laws, which the Conqueror robbed England of, and in stead of them, set up the dictates of his own will, whose Norman rules, and practices to this day yet remains in the administrations of the Common Law at Westminster Hall, by reason of their tediousness, ambiguities, uncertainties, the entryes in Latin (as bad at 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 Kingdom, to seek 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 burden of which singly, will pierce and gall our shoulders, 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. O therefore that your Lordshp would desire and solicit our honourable Parliament, according to the late Declaration, forever to annihilate this Norman innovation, and reduce us back to that part of the ancient frame of government in this Kingdom, before the Conquers days, and that we may have all causes and differences decided in the County, or Hundred, where they are committed, or do arise, without any appeal but to a Parliament, and that they may monthly be judged by twelve men, of free and honest condition, chosen by themselves, with their grave or chief Officer amongst them, and that they may swear to judge every man's cause aright, without Fear, Favour, or affection, and then farewell jangling Lawyers, the wildfire destroyers, and bane of all just, rational, & right governed Commonwealths; and for the faciliating of this work, and the prevention of Frauds, I shall only make use of Mr. john Cooks words a Lawyer of Grays-inn, in the 66. page 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 public Office in every County, to register all Leases made for any Land, in that County, and also all Conveyances whatsoever, and all charges upon the Lands, & all Bonds, and Contracts of any vall●●, for (saith he) it is a hard matter, to find out all Recognizances, judgements, extents, and other charges, and too chargeable for the Subject) that for 12 d. or some such small matter, might know in whom he interest of Land remains, and what encumbrances lie upon it, and every estate or charge not entered there to be void in Law, and that the country have●h choosing of the Registers in their respective Counties once a year, upon a fixed day, and than they have plain-rules and limitations, made by the authority of Parliament, and severe penalties enacted for the transgressing them My Lord, I hope you will not be offended at me for my plainness, especially if you consider the necessities laid upon me, for I profess really, I am not able to imagine any other remedy for my preservation but this, (having had my Petition about this business, above a month in divers of my friends hands in the House of Commons, but cannot get it read. And having contested this 7. years, with all sorts, and kind of persons, that would destroy me, and having often been in the field, amongst Ballets and Swords, to maintain the Common Liberties and Freedoms of England, against all the traytorly oppugners thereof, and having by the goodness of my God, escaped many dangers and deaths and being in my own apprehension, ready to be ruinated and destroyed, by a weapon, Inferior to a Tailors' Bodkin, (namely) a Formality, or Puntillo in the Law, it hath roused up my spirits, 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 myself, that as hitherto I have not lived by any man's favour and grace, so, for my own safety, I will now be afraid of no man's indignation or displeasure, cost what it will, and if I perish, I perish. 2. If your Lordship, or any other great man, be moved with choler or indignation against me, (as I desire you may not) and shall, endeavour to do me a mischief, for this my plain dealing, I hope I shall be kept out of danger, by the authority of the Parliaments own Declarations, 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) can not Covenant to extirpate Episcopal 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 sworn obedience to the Laws of the Land, are not thereby prohibited from endeavouring by all lawful means the abolition of those Laws, when they prove inconvenient or mischievous etc. And I am confident, that if I fall into the hands of those that made the Covenant, (who are the fittest interpreters of it) I shall do well enough; But from the Sect of the Adamites, that would have no man live in England that are honester than themselves, and from the late London Remonstrators, that would have all men disfranchized (although never so honest) that are not of their minds, and Judgements, and who do, and would rob the representative body of all the Commons of England, of their Legislative power, and from the Executors of strange and unknown Laws, which destroy and undo men, (though never so upright) by formalities and puntilloes, good Lord deliver Your Lordship's Servant, and a true bred Englishman, JOHN LILBURNE. From my House in Halfmoon Alley in P●tty-France, near Bishop's Gate, Lond. june, 6th 1646. The forementioned Petition thus follows. To the Right Honourable, the Representative Body of the Commons OF ENGLAND: In PARLIAMENT assembled. The humble Petition of Lievt. Col. JOHN LILBURNE, Shows, THat upon the differences betwixt the King, and Parliament, the Commons of England, for the defence and preservation of their Laws and just Liberties, by authority of Parliament were necessitated to take up Arms, for the suppression of the Forces raised by the King. In this War against the Parliament, the Forces raised in the Eastern Association, were committed and entrusted under the command of the Earl of Manchester, as Major General there, from whom your Petitioner had a Commission to be Major to Col. King, and particular instructions, and private directions, from Lievt. Gen. Crumwel, to take and give unto them, or one of them, (upon all occasions) Information, and Intelligence, of the State and condition of Lincoln-Shire, under the command of the said Colonel King, and of the carriage and, behaviour of the said Col. King, towards the Country, and Soldiery, and how he discharged his place and trust. Which your Petitioner with all faithfulness and diligence did accordingly, to his extraordinary expenses, not neglecting any advantage, or opportunity, which might further the public service, or discover the designs of the Enemy, or the said Col. King's miscarriage and neglect, of his trust and duty, the said Col. King taking upon him an unlimited and unwarrantable power destructive to the trust reposed in him. Tha● upon your Ptitioners discovery and making known both unto the Earl, & L. Gen. Crumwel, (according to his instructions and trust reposed in him) the malignancy, insolences, and unfaithfulness of the said Col. King, to the State, in the neglect of his charge, & his bad usage of the Country, to the great dis-service of the Parliament, and danger of the loss of the whole Country, (Crowland being by him betrayed unto the Enemy, and was not regained, without great charge and hazard, yea, and the loss of many men's lives, the said Col King was thereupon discharged, and put out of all his commands, and offices, (being then very many, and profitable) but was not brought to trial for his said offences, at a Council of War, which your Petitioner and others much endeavoured to have done. Whereupon Mr. Mussenden, Mr. Wolley, & divers others (Gentlemen of quality) of the Commit of Lincoln, in August 1644. exhibited to this Honourable House, several Articles, (since printed) a Copy whereof is hereunto annexed, against the said Col. King, thereby chargeing him with several Treasons, Insolences, setting up and exercising an Arbitrary, exorbitant, and unlimited power, over the Country, and Soldiery, with many other insolences, and soul misdemeanours, all which are yet depending before this honourable House, and not yet determined, being some of them, for, or concerning the loss and surrender of Towns to the Enemy, through his treachery or negligence, and so the offence Capital, and properly examinable, and only tryable in Parliament, as appears Rot. Parl. 1. Rich.. 2. Nu. 38.39.40. Rot. Parl. 7. Rich. 2. Num. 17.22. Now the said Col. King, being privy to his own guiltiness, and well knowing your Petitioner to be a principal witness for the proof of divers of the said Articles, out of his malice and wickedness to your Petitioner, upon a groundless complaint, & untrue surmises, made by him to this Honourable House, in july last, procured your Petitioner to be committed to the custody of the Sergeant at Arms, attending this honourable House, your Petitioner being thence removed to Newgate, but he, nor any other, prosecuting any charge against him, after he had lain abvot 13. weakes there, he was discharged of his imprisonment by order of this House. 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 trial upon the said Articles, a little before Easter Term last, caused your Petitioner to be arrested at his own suit, upon an action of 2000 l, for pretended words, alleging by his Declaration, that your Petitioner should have said that the said Col. King was a traitor, and he gives forth in speeches, he will undoubtedly recover the same against your Petitioner, and thereby utterly ruin him, and is indeed very likely to do the same, by these his sinister practices, if by this Honourable House, your Petitioner be not relieved & 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 Trial 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, until the said Col. King be either convicted, or acquitted upon his Trial, upon the said Articles and charge, to give Order, and direction to the said Col. King, and to the justices of the Court of Common Pleas, (where the Action dependeth) to sur-cease, and no further proceed upon the said Action of 2000l. against your Petitioner. And for the good, and satisfaction of the Kingdom, and the freeing and vindication of your Petitioners integrity and faithfulness in what he hath said or done touching the premyses, to bring the said Col. King to trial (in a Parliamentary way) that so he may receive condign punishment for the injuries and wrongs he hath done, and wherewith he is charged in the said Articles.; And your Petitioner shall pray, etc. Courteous Reader, if I had had room here should have been an Errata, but the principal fault passed the Press, in Page 14. line. 16. read, which King Edward 2. for which the King. Articles exhibited against Col. Edward King, for his insolences and misdemeanours in the County of Lincoln, to the Honourable House of Commons, in August 1644. by Mr. Mussenden, Mr. Wolley, and divers others of the Committee of Lincoln. Imprimis, That to the great discouragement of the County, he doth openly declare, his slighting of all men's good affections to the Parliaments service, by expressing that he valueth not that men should do the Parliament serviee voluntarily, but that he would by his power force them to serve. 2. That he doth pay those great sums of money raised by him out of the Country, only to whom he pleaseth, against all equity and justice, notwithstanding the Lord of Manchesters' Order to the contrary. 3. That he hath publicly declared his slighting the ordnances of Parliament, & done very many tyrannical & arbitrary actions, by imprisoning divers persons at his pleasure, and exacting great sums of money, at such time when necessity could be no plea, with many other particulars. 4. When he was before Newark he sent for a Captain who kept Crowland, who obeyed his command, yet sent word to him of the danger 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 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 & commanded them to be gone, who accordingly departed, the enemy presently surprised the town, and those few that he had left in it, by which means he betrayed the town unto the enemy, which was not regained without much charge, hazard, and loss of many men's lives. 5. That he gives protections for securing both person and goods, to those who are professed enemies to the Parliament. 6. That he employeth such officers, as are altogether unfit for the Country's service. 7. That he doth most grossly and unworthily affront and abuse the well-affected Gentry of the Country. 8 That he doth encourage desperate Malignants, and animateth them against the well-affected. 9 That he & his officers have imprisoned men well-affected to the Parliament, and caused their houses, chests, trunks, etc. to be searched for pewter, brass, & linen, and threatened that they would make it cost one of them his whole estate, and that one of his officers would not take three hundred pounds for his own satisfaction. 10. That at the siege before Newark such provision as the country had voluntarily and freely sent in to Col. King's quarters at Winthorp, for the maintenance of the soldiers, his officers would not deliver without money, although they had not pay, to the extreme oppression and discouragement of the Country. 11. That he sent three warrants to Capt. Bushy at Tatte●shall, to take away a great quantity 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 common wealth this twenty years, and hath made him a malignant, both in his words and letters, as much as in him did lie. 12. That when the enemy took Grantham, they being b●a●en from one part of the town, wheeled about to fall upon the other side, at a place called the Spittle-gate, which Major Sarvil, being then Major of the town perceiving, commanded Col. King, being then Capt. of a Company thereto march with his Company to defend that place, Col. King answered, that he scorned to be commanded by him, and rather than he would be commanded by him, he would take his company and let the enemy into the town, and he delayed so long, before he would go, that the enemy was entered at the said Port, before he came thither, by which means he betrayed that town. 13. That when Commissary james had brought in certain sheep from a malignant for the relief of the siege at Newarke, being then in great want, Col. King caused the the said sheep to be restored to the malignant, and told the Commisary that he deserved to be hanged, with divers other threatening and reviling speeches; notwithstanding he had order from Sir John Meldrum and the Committee for the taking of them. 14. That Colonel King having promised the Lord of Manchester to raise a great number of Horse and Foot, the said Col. King, as did appear, 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 Volunteers, which served on their own charge, who with the townsmen had always defended the town of Boston, that he might press them to serve under him for pay; And secondly, he did seize upon & detain four or five of the Foot Companies belonging to the Lord Willoughby and did cashier some of the Captains, because they refused to forsake my Lord to serve under him. 15. That the Troops of Colonel Crumwel, which were lost at Coleby and Waddington were treacherously or ignorantly betrayed by Colonel King. 16. That to the great discouragement of the Country, he doth oppose and quarrel, with such as have been most serviceable to the Country, and such in whom the power of Religion is most eminent (viz) L. G. Crumwel, Mr Ram and others, & that he imprisoned divers other very godly men, and that for exercising the very power of godliness, which he did in a very vile manner, and still continueth an utter enemy & such men, as namely, L C. Berry, Major Lilburne, Capt. Camebridge, and others. 17. That to the great discontent and discouragement of the Country, he and his Officers did quarrel with, & slight the Committee at Lincoln, which was settled by ordnance of Parl. who were men of the best estates, quality & integrity, and such as were especially commended to serve the Country, and publicly vilifying them and their actions, and assuming their power without any authority. 18. That before this War began, he was an open and public scoffer of religious men. 19 That he is a man of a turbulent & factious spirit, of mean condition & estate for so absolute a command, that he hath received vast sums 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 account, & likewise of the rest of his actions. 20 That in a factious & seditious manner he did employ some Agents to deliver blue Ribbons to such as would stand for him, and sh●w themselves his friends, to the great terror and discontent of the Country, and the hazard of raising a dangerous mutiny. 21. That he kept about twenty men to wait on him, whom he called his Life guard, to whom he gave extraordinary pay though they were exempted from all duty, except it were to wait upon him, advance his reputation and awe and affright the Country. 22. That he did awe and gain the Country wholly after him, and that he might with better colour domineer, falsely styling himself Lieutenant General of the County of Lincoln. FINJS.