IN the cause wherein Colonell Edward King is plantive against me, in an action for pretended words spoken by me again(st) him: I entertained you to be my Attorny, whereupon you appeared for me, and received Kings declaration the last Tearme to which I am now to plead, I desire you therefore to plead to the same, that the said Edward King long before the pretended words alleadged by the declaration, to be spoken viz. in August 1644. was by Master Muffenden and Master Wolley and divers others of the Committee of Lincolne, accused and charged before the Honourable House of Commons of high Treason, for his betraying the towne of Crowland unto the Enemy, as by the fourth Article of the said charge (whereunto reference being had) will appeare. And by the twelf Article of the said charge, the said Edward King is accused for the negligent losse and delivery up of Grantham to the Enemy, which is adjudged to be high Treason, Rot. Parl. 7. Richard 2. Num. 38. 39. 40.

And for further plea, that the said charge was before this action brought, and yet is still depending, and only examinable and triable in Parliament, neither is the said Colonell King yet acquited or tried for the same, besides plead also that I am a witnesse so the proofe of the said Charge, and so not compellable to make further answer, or other plea then this, untill the said King have had his triall upon the said Charge of high Treason in a Parliamentary way. This I hope the Court will accept and approve of, for a satisfactory and plenary answer and plea to his declaration, which you may draw up in forme as you shall find cause, whereunto I doe Authorize you, and for this pleading, this shall be your warrant and discharge, this I thought good to doe for the preventing of any colourable advantage, Colonell King might seeme to have, or any waies take through my neglect, or for want of a warrant to you to plead to his declaration, a judgment should passe for him against me by default.

I have written to Master Justice Reeve, setting forth the true state of the cause, a printed coppy I left at his house for him, which I perceive he hath perused, another I send you here inclosed, whereby you may be the better informed, and inabled to draw up my plea, and what you shall doe herein according to this warrant, I shall allow, in testimony whereof to this my warrant I have subscribed my hand, and set to my seale this ninth day of June 1646. and rest,

THis morning I received a summons under your Clearks hand, to appeare upon sight thereof before your Lordships in Parliament, to answer such things as I am charged with before your Lordships, touching a Booke called by your Warrant, a Pamphlet intituled, the Iust mans Iustification, or a Letter by way of Plea in Barre. My Lords I tould your Messenger, Mr. Bakers sonne, that your Lorships had dealt friendly, honourably, and fairely with me in my apprehension, in my late businesse, being in a legall and Parliamentary way, transacted, first by the House of Commons, and so brought before your Lordships, which did lye as a tye upon my spirit, by way of Obligation, and now I would repay it, in laying aside (so far at present my priviledge, as I am a Commoner of England) as in obedience to your summons (salvo jure) to appeare at your Barre, although (as I told him) your Lordships, by Magna Charta and the Law of this Kingdome have nothing to doe with me, being a Commoner in any judiciall way, to try me in a criminall cause either for life, limb, liberties or estate, which is now the present case betwixt your Lordships and me, as appeares by your own summons, and this I desired your messenger to tell your honours must of necessity be my plea at your Barr.

But that it may appeare that I do nothing headily or rashly either in contempt of your just rights and powers, which I desire you may long enioy, alwaies provided, you endeavour not my ruin and destruction with them, neither out of any desire in the least to contest with you, which in me to doe, (I acknowledge) would argue abundance of ingratitude, it being my principle to do to others as I would be done to myself; and as much as in me lyes, to endeavour to live in peace with all men.

But to be robbed of my life, or give way to be made a slave to any whomsoever, either by a voluntary giving up, or in silent suffering to be taken from me, my native, naturall, just legall and hereditary freedomes and liberties, I am resolved rather to undergo all extremities hazards, miseries, and deaths, which possibly the wit of man can devise, or his power and tirany inflict.

And therefore my Lords, you being Peeres as you are called, merely made by prerogative, and never intrusted or impowred by the Commons of England, the originall and fountaine of Power, Magna Charta the English mans legall birth right and inheritance, so often bought and redemed with such great seas of blood, and milions of money, hath justly, rationally, and well provided that your Lordships shall not sit in judgment, or passe sentence in Criminall causes, upon any Commoner of England either for life, limbe, liberty or estate, but that all Commoners in such cases shall be tryed only by their Peeres and equalls, that is to say their fellow Commoners, as is amply and effectually declared in the 29. ch. of that great Charter, which previledge & immunity cannot justly be taken away from the free Commoners of England by any power whatsoever on Earth, without a better and larger given in the roome of it, for all betrusted powers must and ought to be for the good of the trusters, Book decl. Pag. 150.

And this Charter in al ages hath in an especiall manner been maintained, preserved and defended by our Progenitors, and in a speciall manner confirmed by 5. of Edward 3. ch. 9 the words be these, that no man from henceforth shall be attached by any accusation, nor fore-judged of life nor limb, nor his land Tenements goods or chattles, seised upon otherwise then by the forme of the great Charter, which is further confirmed by the said King, in the 25. of his Raigne, ch. 4. and by the petition of Right-made in the third yeare of this present King; and the Act made for the abolishing the Star-chamber &c. made this present Parliament, therefore my Lords as a free Commoner of England, I doe here at your open Barre protest against all your present procedings against me in this pretended Criminall cause, as unjust and against the tenor and forme of the great Charter (which all of you have sworn unviolably to observe and caused the Commons of England to doe the same. And therefore my Lords I doe hereby declare and am resolved as in duty bound to God, my selfe, Country, and posterity, to maintaine my legall liberties, to the last drop of my blood, against all opposers whatsoever, having so often in the field &c. adventured my life therefore, and doe therfore from you and your Barre (as incrochers and usurping Judges) appeale to the Barre and tribunall of my competent, proper and legall triers and Judges, the Commons of England assembled in Parliament: in testimony whereof, to these presents I have set my hand and seal, this present eleventh day of June, 1646.

My usage to me semes very strange, that for doing my duty, in a just way to bring Col. King to condigne punishment, I should be so tost and tumbled as I am, by his meanes, (that per Iure, ought to dye for his offence or at least by Law should be in durance, till he receive his just doom) clapt formerly by the heeles, (as in my epistle to Iudge Reeve is justly declared) and lately at Kings suite arrested upon an action of two thousand pounds, and brought into Court, that have nothing to doe with the businesse, it being dependant in Parliament, and there tyed up to such rules, formallities, and Puntillo’s, as all the reason I have, cannot understand, and then for writing my Plea, threatned, and told by the Judge himselfe I had forever undone my selfe, by endeavouring to root up by the roots, the fundamentall law of England, by which I enjoy my life, and all that I can call mine, though as I told his Lordship, although he were a Judge, yet under his Lordships favour I conceived he was in an error, I having not in the least, medled with any fundamentall, known or visible Law of England.

For the Law that I medled withall, was meerly, and onely an invisible, uncertain, and unknown Law, that resided in the Oracle of his Lordships breast, and his fellow Iudges, which (as I told him) I thought no man in England knew besides themselves, no nor I thought they themselves neither, no not two houres before they decreed, and adjudged it for Law.

And yet for all this I must be forced to dance attendance (contrary to Law) to answer a charge without forme or fashion in Law, at the Barre of the House of Peeres, who knew very well, or at least wise might know, that I knew as well as themselves their power, jurisdiction, and the Prerogative Fountain, from whence they sprung, as well as any of themselves, having sometimes discoursed of that subject freely with some of them.

And having lately (though unwillingly) contested with those, to whome by nature and interest, I am a thousand times more related unto then to them, meerely out of this principle, that I will not be a slave unto, nor part with my just liberty to any.

But I clearly perceive the hand of Joab to be in this, namely, my old back friend the Earle of Manchester the fountaine (as I conceive) of all my present troubles, who would have hanged mee for taking a Castle from the Cavaliers in York shire; but is so closely glu’d in intrest to that party, that he protected from justice Colonell King, one of his own Officers, for his good service in treacherously delivering or betraying Crowland to the Cavaliers, and never called, nor that I could heare, desired to call to account his Officer, or Officers, that basely, cowardly, and treacherously, betrayed and delivered Lincoln last up to the enemy, without striking one stroke, or staying till so much as a Troope of Horse, or a Trumpeter came to demand it, his Lordships Head hath stood it seemes too long upon his shoulders, that makes him he cannot be quiet, till Lievt. Gen. Crumwels Charge against him, fully proved in the House of Commons, be revived, which is of as high a nature I believe, as ever any charge given in there, the epittomy of which I have by me, & his Lordship may live shortly to see it in print by my meanes, and for my Lord of Stamford, at present I desire him to remember but one Article, made at the de-livery of Exeter, which it may be, may in time coole his furious endeavour to enslave the free People of England, the earthly Lord and Creator of his Creator, who I am confident do, and will scorn to be made slaves & vasssals, by the meer Creatures of their Creature the King. So being straightened in time at present, I bid you farewell, and rest.

The humble Petition of L. C. Iohn Lilburne A Free man of England.

THat your petitioner hath and doth look upon this Honourable House, as the chosen and betrusted Commissioners of all the Commons of England, in whom alone (by right) resides the formall and legall supreame power of England, and unto whom all the Commons of England have given so much of their Power, as to inable you alone, to doe all things whatsoever for their weale, safety peace and prosperity, the end of all Government, as is most excellently, by your Honourable declaration of the 17. of April last declared.

The knowledge and understanding of which, hath made your petitioner as a Commoner (in his Countries straits and necessities) to take up armes as his duty, to fight against the King (the servant of the Common wealth) and all the forces raised by his Authority (who sought to destroy the end of Government, the safety and weale of the people) and to be faithfull in your said service, in the midst of many deaths; contemning and slighting, the large proffers of the Kings Honours and preferments, sent unto him by foure Lords, when he was a prisoner for you at Oxford, for which he was imediatly laid in Irons night and day, lockt up close in a room, a Centinell set at his dore, that so he might not speak with any whosoever, forced to lye on the floore, kept without one farthing of allowance although he carried not one penny with him to the prison.

And within a few daies after was (for his continued resolution) arraigned (in Irons) as a Traitor for his life before Judge Heath, before whom he pleaded to his indictment, professing unto him at the open barre (when he pressed your petitioner to save himselfe) that he your supplyant was not seduced by any to take up armes, but did it out of a principle of duty to himselfe, his country and the Paliament, and that he was resolved to spend his blood in the defence of his owne and his Countries liberties; also your petitioner upon the same grounds, hath often been in the field since, and done good services, and hath continued faithfull in all his ingagements, and is resolved (by the strength of God) so to doe to the death.

Now for as much as the liberties and freedomes contained in the 28. & 29. chap. of the great Charter of England, are the best legall inheritance that your petitioner hath, and for the preservation of which, yee have so often sworne to spend your lives and fortunes, and injoyned the people that trusted you to doe the same, and for the maintaining of which, your petitioner hath run the hazard of so many deaths and miseries as he hath done, amongst which liberties and priviledges this is not one of the least (as your petitioner humbly conceives) that all Commoners whatsoever in criminall causes shall be tried by their equals or fellow Commoners; nevertheles the House of Lords (commonly so called) summoned your petitioner to their Barre to answer a criminall charge there, contrary to the tenour of the great Charter so often confirmed, and although your petitioner told their Messenger, and afterwards some of themselves, that by Magna Charta they had nothing to doe with your petitioner in such a case, and that if he were called, he must and would plead this at their Barre, cost it him what it would, and also intreated one of themselves, to acquaint the rest of his fellow Lords, that he must and would protest against them, and appeale to his competent proper and legall tryers and judges your Honours.

Yet notwithstanding they forced your Petitioner to their Bar, and would have compel’d him, contrary to Law, reason, and Conscience, and to the fundamentall liberty of all the free People of England, (so adjudged in his own case of the Star-chamber &c, by your honours and themselves) to answere to Interrogatories concerning himselfe, without shewing him any formall and legall charge in writing, although he earnestly desired to see it, if they had any, which was refused, and your Petitioner pressed again and again with much vehemency, by their Speaker, to answer verball questions, which forced your Petitioner to deliver at their open Bar his Protestation, in writing under his hand and seale, as also his appeal to your Honours, his competent, proper and legall Tryers and Iudges; a true Coppy of which is hereunto annexed, for which alone, they committed your Petitioner to Newgate prison, (as appeares by the Coppy of their commitment hereunto annexed) all which your Petitioner humbly conceives, tends to the disfranchizing him of his just liberties and freedomes, (and so to the making him a slave) and to the violation of their own Oathes and Covenants, and to the utter subversion, and alteration of the fundamentall Lawes and government of this Kingdome, for the preservation of which, so much blood and treasure hath already been spent.

Your Petitioner therefore, as a free-man of England, (who to his knowledge never did any act that deserveth the forfeiting of his birth-right) humbly appealleth to your honourable Bar and Justice, as his proper, competent, legall tryers and Iudges, and humbly prayeth.

For as much as he is a free Commoner of England, and ought not to be proceeded against, nor his liberties and freedomes to be taken from him, in any arbitrary or extrajudiciall way. And for that their Lordships have no power, nor jurisdiction, according to the Law and constitutions of this Kingdome, to try and adjudge any free Commoner thereof, for any criminall causes whatsoever, concerning life, limb, liberty, or estate; And for that your Petitioner is imprisoned, contrary to the form and tenour of the great Charter of England, and therefore altogether illegall, and meerly arbitrary; That your Honours will be pleased, according to your unparaleld Declaration of the 17th of April last, whereby is set forth, that you will not exercise, nor suffer to be exercised by any other, any arbitrary power, but that you will provide for the safety and weal of the People, (the primitive end of all government) according to the great trust reposed in you, and committed to you, by your Impowrers, the Commons of England, you will take your Petitioner into your protection, and not suffer him any longer to be kept in prison, and spoyled of his Franchizes and liberties. But according to the said Charter of liberties, your Protestations, Oaths and Declarations, the lawes and Statutes of this Kingdome, he may freely be inlarged out of prison, and restored to his just libertie, with iust reparations for his damages, for the great wrongs done unto him, by his reproachfull imprisonment in the infamous prison of Newgate, and the vindication and freeing of the whole Kingdome (according to their long and iust expectation) from the like usurpation, and encroachment of their iust rights and privledges, and your Petitioner shall ever be ready to spend his life for you, and his Countries iust liberties, and in obedience to all iust authority, to answer any Charge, when the same shall be in a legall way brought against him.