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, [Page 2] 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 [Page 3] 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 House of Commons, †See Dr. Bastwicks de­fence against me, pag. 8. and my printed Epistle about that businesse, dai­ted Iuly, 25. 1645. caused me to be committed as a prisoner, and as a prisoner, by vertue of that his uniust procurement, I lay till the 14 of October, 1645. to my extraordinary charge and dammage, yea, and to the hazzard of my life, as I could ea­sily, truly and undeniably demonstrate, but at present read my booke called Innocency and truth iustified, pag. 29. 30. 31, 32.

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 imprisonned, as appeares by the following Coppy of my releasement.

And that King was the instrumentall 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. pag. of his booke, intituled the Lyar Confounded, and by what I find recorded under Kings hand in the 8th. pag. of his co-partner, Dr. Bastwicks book, writ­ten against my selfe, for although Dr. Bastwick be now my bitter Enemy, and his hand be with Kings to the information which Dr. Bastwick there saith was put into the House of Commons against me: yet I am apt to thinke that King was the Ring-leader in it, because at that time there was no visible nor professed breach of friendship betwixt Dr. Bastwick and my selfe:

Vpon which provocation by King, it might be, and I doe believe it to be true, that I might be free in my discourse at severall times of King, and the forementioned charge of Treason given into the House of Commons against him, and I am very confident it will be made good by sufficient proofes and witnesses, according to the rules of Warre, when it there comes to a tryall, but doe not own the words specified by him in every particular.

Therefore I conceive it uniust, irrationall, and Anti-Parliamentary, for an inferior [Page 4] and subordinate Court, as the Court of Common Pleas is to meddle with this businesse, it being now dependent in Parliament, the supream Court, and unjudged there as yet, although the prosecutors are ready at their utmost perill to prove their charge against him.

Therefore my Lord, in my apprehension, Kings former mallice manifested about my commitment, and his present bringing me before you, are meer evasions and tricks to terrifie me and all others from prosecuting him in Parliament, and also (under favour) your medling with it in your Court, it being still depending in Parliament, and not by them referred to you, is an incroachment upon their Priviledges, and I am the ra­ther confirmed in this opinion, when I seriously read over Mr. Prinnes Booke, cal'd the doom of Cowardice and Treacherie,, he being Colonel Kings very good friend and Councellor, 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 Rolles of Parliament of the 1. R. 2. num. 38. 39. 40 in his 2, 3, 4, 5, 6 pages, which containes the case of Co­miny and Weston, hath these observations and inferences from them, in the 7 page thereof:

That it is to be remembred, that Jeffery Martin Clearke 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 detryment to the whole Kingdome, and so fit to be determined by the representative Body of the Kingdome,

2. That the Cowardly delivering up of any Town or Castle by the Governour there­of, to the Enemy, is a Capitall offence, deserveth death, and likewise the losse of it through his negligence or default.

3. That every Governour, who takes upon him the custody of any Fort or Town, is obliged in point of Trust, and duty under Paine of DEATH to defend it to the utmost extremity.

4. That the concurrent consent of a Councell of Warre or Soldiers, to render up a Town to the Enemie before utmost extremity, for the saving of the Houses, Lives and Goods of the Soldiers or Inhabitants, is no justifie excuse at all to exten [...]a [...]e such a Go­vernours 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 tryalls be past, and not suffe­red to goe at large.

6. That a Governour giving timely notice of the Enemies approach, of the weaknesse of the Garrison his suing for timely said, and repulsing of the Enemie for a season, will no wayes excuse his surrender of a Town or Castle, unlesse he bold it out to the utmost ex­tremity, or Surrender it by the consent of those, who intrusted him with the Custody thereof.

7. That the violent Battery of the Walles, or drayning of the Dykes of any Castle or Ci­tie, or any breach made in them by the Enemy (though extraordinary powerfull) are no sufficient causes or excuses for any Governour to Surrender them upon composition to the Enemie, while there is sufficient victualls, men or ammunition to defend them; And that they must in no wise be surrendred, without consent of those who put in the Governour till the greatest part of the Soldiers be slaine, the victualls or ammunition quite spent, & all hopes of reliefe dispaired of utterly upon good grounds.

[Page 5]Which is cleare (saith he) by the case of Weston, who made a better defence of the Castle of Outhrewick with 38. men onely, against more then 8000. Enemies, (who besiedged, assaulted, battered it for 6. dayes together, with nine great Cannons and other Engines, and pleaded farre more in his defence of his surrender of it, then many now can doe, for surrendring of Townes and Castles of far greater importance, then this Castle was, and yet for all this Weston in full Parliament was adjudged to death for it.

Thus farre the words of an adversary to me, and Kings especiall friend and councel­lor, 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 Generall, namely the Earl of Manchester, who was authorized by Parliament to govern his Army by Martiall Law, which [...]aw was plainly printed by the same Authority, and openly published to the view of every Commander, Officer and Soldiers, for transgressing against which Articles, many in a m [...]rciall way have lost their lives, and no other visible Rule that I knew off, was to be the Rule and Iudge of [...]u [...] actions, or offences, but that Law, unto the power and authority of which, both Col. King and my selfe did voluntarily stoop, and therefore (as I humbly con­ceive) we are not to be tryed by the Rules of the Common Law (which I thinke no man in the world fully and truly knowes) for our actions commited in our Soldier condition, which is the true cause betwixt him and me. 2. I did my duty according to the trust reposed in me, by the State legall and representative, and by my Generall from whom I had my commission, and according to the private command of Lievtenant Generall Cromwell, which was to be faithfull in my place, and to complain, either of Col. King, or whomsoever I groundedly knew, did any actions that tended to the ruine of Salus Populi, the safety of the People, or the State universall, and he promised me upon his honour and Reputation,*Both at Sleford and elsewhere. that he would doe the best he could to have justice done, which is [...]he very life of all societies or Common wealths, and that without which the people cannot be happie or safe; yea, and he gave me the reason, wherefore he so earnestly tyed me to it, which was because our Generall with his Army was to march out of Lincoln shi [...]e, and that country being lately wonne out of the hands of the Cavaliers, there being very few of that Country it that time that desired Command under the Generall, (therefore saith he) we are necessitated to make use of Col. King, and to make him governour of Boston and Holland, upon whom he look'd then as an active popular man, who promised to doe mighty things for the good of that Country, and the publique.

But in regard divers of the cheife men of Boston doe mislike him, I have therfore (saith he) in his behalfe engaged my selfe to them for him, that he shall be faithfull, just and honest towards them, and therefore in regard I have no large experience of the man, and of his temper, I principally looke upon thee Lilburne and thy Lievte­nant Colonell, John Bury by name, whose faithfulnesse I can rest upon, and for both of whom I have used my interest, to place on purpose with him, that so if hee should break out to the dishonour of my ingagement, and the detriment of the publique, I may from time to time bee sure to know of it from you that so it may be prevented before it be past remedy.

But King, being puffed up with his command, tooke upon him an absolute, regall tyrannicall authority over all his Officers, but especially those that were betrusted in Commission aswell as himselfe, and to doe his cheife actions by the rule of his owne will without their privytie or advice, something like divers of the present Grandees in the Army [Page 6] who by their late actions declare they have forgot their solemne agreement made at Newmarket, which tended to the ruine of al that were under him, & consequently of that whole country, he haveing treacherously lost Crowland, and Boston put in extream danger, by his absolute wilfulnesse, if not treachery, the making known whereof, with his carriages at Newarke Seige &c. cost me in sending posts to the Earle of Manchester, and Leivtenant Generall Cromwell, then, in or about Camebridge, I am very confident, 20. or 30. l. which so madded him, that he imprisoned Major Rogers for daring to goe and complain against him. I being in those straights in regard of the charge I had taken upon me, I durst not stir my selfe, till all was cleare, without feare or danger of an e­nemy, he having already by the Law of his owne Will cashiered his Leivtenant Colonell without ground or cause, and endeavoured the appa [...]ent destruction of Capt Camebridge and all the honest, zealous, and conscientious men, under his command, which to me was an ill Omen of his intentions.

Therefore I say, so soone as I durst leave my charge, I posted away to Bedford, where I found my Generall, and Leivtenant Generall Cromwell, and told them both fully of Kings carriage, and that he commanded his forces to march forward and backward, where, and when he pleased, without the advice, aprobation and consent of his Field Officers &c. who were to ingage their lives a thousand times more then himselfe, in managing the designes he set them about, and that the Committee of Lincolnsheire had paid him divers thousands of pounds, to pay his Officers and Souldiers at Newarke Seidge, but I could not heare that he paid one penny to any Officer there, and for my own part I am sure I could not get a penny from him, (yet lying base Mr. Prynn in one of his late bookes lyingly chargeth me with being accountable to the State for a­bove 2000.l. received of him see my answer to his charge in the last end of my booke called The resolved mans resolution,) although I am confident I tooke as much paines both night and day, and hazarded my person as freely, and as often as any Major at that Leaguer did.

So likewise, although the Country sent in great store of provision for his Regiment gratis, yet he and his under Sutlers, made both my selfe and others of his Officers and Souldiers, pay ready money for a great part of it, to their extraordinary discontent, provoking them thereby to mutiny And so full was be of arrogancy pride and conten­tion, (contesting with al, or most of the cheife Commanders there) that Sir Iohn Mel­drum told me, that he kindled such a fire of contention amongst them that he durst scarce cal a Councel of Warre to consult how to manage their buysines, being there conti­nually in contestation with my Lord Willoughby, Col, Rossiter, Sir Myles Hubbard, Sir, Iohn Paragraffe and divers of the Lincoln Committtee &c. which did so trouble and distract the old Knight Sir Iohn Meldrum, our Commander in cheife, that he knew not wel what to do, when Prince Rupert came upon us, by reason of our own distactions among our selves.

And I dare confidently averre it upon my conscience, that hee (namely King) was one of the greatest instruments of our overthrow and ruine, and therefore if Thomas Earle of Lancaster, (Mr. Prynne in the 2. page of the foresaid booke recordeth (was proclaimed a Traytor, by the whole Army in the 12. yeare of King Edward the second; for departing in discontent from the Army, at the Siege of Barwick, by meanes where­of it was not taken, and the Seige raised, then I desire to know what Colonell King deserveth, who at the Seige of Newark carried himselfe so, that hee did raise discon­tents, and litle better then mutinies, by meanes whereof the siege was not only rais­ed, but the whole Army in a manner destroyed, to the extraordinay danger of the whole Kingdome.

[Page 7]I also told my Lord that after the articles of agreement was concluded, Colonell King commanded (and in a manner forced me) contrary to the agreement, to march away his Regiment in a hostill manner, with their armes, &c. by meanes of which we were set upon by their horse, and forcibly disarmed, which did also occasion the plun­dering of us, as violaters of our Covenant and contract; to the disparagement of the whole Army, yea, and the Parliament it selfe, and to the extream hazard and danger of abundance of our lives; yet King was so honest, and valiant, that as soone as he saw the storme fall upon us, he fairly left us, and shifted for himselfe, without being plun­dered as wee were▪ at which bout I lost well nigh a 100 l. being plundred from the crowne of my head to the sole of my foote, and forced over hedge and ditch in by wayes for the safety of my life to march almost ten myles without a hat, or Perewig (having by cru [...]ll sicknesse lately lost my heire in Oxford Prison) britches, or doublet, bootes, or shooes.

I further told him, that the Towne of Boston had been in extreame danger, for af­ter Lincolne was discerted, and Ruperts forces possessed of it, and daily newes brought into Boston, that Rupert would assault it on both sides the river; I moved Colonell King, that seeing the armes of his owne Regiment &c. was lost, and he in no possibi­lity to defend the Towne of himselfe at the present, that therefore (the Towne being of that consequence, that if it should be lost, the Enemy might presently make it, the absolutest strong Towne in England for themselves) that he would forthwith send to Colonell [...]alton, then Governour of Linne, to intreat him to lend him at his great need and strait [...], or 500 men to defend the Towne, till such time that he could get his owne Regi [...]en [...] againe together which he absolutely refused, and told me plainly that hee would never send for another to command and affront him in his owne Jurisdiction, which the Linne men would doe, (he said) if they come, at which I being exceedingly troubled, that he should preferre his owne domination before the preservation of so considerable a Towne and Garison, it made me beleeve hee in intended to be­tray it, which I told to Captaine Camebridge, now in Sir Thomas Fairfax his Army.

Whereupon I went to Mr. Major, then as I remember, at Alderman Tilsons, and told them both, with some others, that their Towne was in extraordinary danger to be lost and they all undone, if they did not looke about them presently, and told them all the discourse I had had with their unjust oppressing Governour, and told them I conceived all was not right, and therefore I judged my self bound in duty and conscience both before God and man, to tell them what I apprehended of things, and how neare their danger and ruine was at hand, and if they would not helpe to save themselves according to the Law of Nature, their ruine be upon themselves; they desiring of me to let them know, what I would advise them to, I told them my advise was▪ for as many of them to goe with me to Colonell King once againe, as they thought fit, and let us joyntly presse him to send to Linne for men, and if he would not doe it, that then we might doe it without him.

Vpon which, we went, and at first found him obstinate till (as I remember) Al­derman Tilson told him that if he would not Joyne with them, they would write to the Governour without him) upon which he was drawne to subscribe, but my Lord of Manchester and the Governour of Lyne, or some others in authority; being mindfull of us in our straites, had ordred Col Waltons Major, Major Franckling, a stout and gallant man, with about 400. men, to come by sea to us, & as I remember, his orders were, that he should secure Boston; upon the arival of whom, Col. King immediately commanded [Page 8] them out of the Town, to go and besiedge Crowland which a little before by treachery of his own absolute wilfull negligence, he had given up unto the declared Traytors and professed enemies of the state and Kingdome.

Of which as soone as I fully understood, I went to Major Frankling, and desired to see his Order by vertue of which he came to Boston, and told him how things stood with us, and in what temper I conceived my Colonell to be, and therefore entreated him to be sensible of the trust reposed in him, and of his owne Honour, and reputation, pro­fessing unto him that if he at the command of Col. King marched away with al his men considering his orders, & the condition w^ch the Town was in, I should look upon it as a meere design betwixt him and Col King to betray the Town indeed, telling him how weak and unfortified the Town was in a manner all round about, being in divers places easy for a man with a Pike staffe to leape over it, and therefore there was no way in the eye of reason to preserve it, seing the Enemies intention (as we heard) was to fal upon it, unlesse his men stayed in it, or at least the major part of them.

Whereupon he went to Col. King, and (as I remember) in Alderman Tilsons Hill, debated with him his positive command, and with much adoe prevailed that him­selfe and a great part of his Souldiers should stay to defend the Town, and my selfe be­ing left by Col. King, with the consent of the Major and Aldermen, to take care of the towne I went to Major Frankling, and desired him to go with me to Collonell King, to know what Amunition he had in his Magazine, who assured us upon his reputati­on that he had a hundred barrels of powder, and all things fitting besides, and there­fore bid us take no care for Amunition, and being very busie in sending away men, Guns &c, to the intended leaguer of Crowland.

I did not go to the Magazine, to see whether he had told us truth or no, he having taken a quantity of powder with him, and another sent him, he sends his war­rant to the Magazine keeper, for ten barrels more, not signifying one word of his minde to me, who was then be trusted with the Towne, upon the receipt of which old Mr. Coney the Magazine keeper, came and told me that he had received an order from the Collonell, to send him ten barrels of powder, and saith he what shall I doe, for there is but ten barrels in all in the Magazine:

At the hearing of which I stood amazed, and told him it could not be possible, for (said I) such a day I went to the Colonell with Major Frankling, and he did assure us that he had 100 barrels in store, but Mr. Coney assured me that there was not one more then 10. the which if we send to him, there is none to keep their guards (saith he) I asked him, if there were not a private store house for powder, and he told me none at all, then we began to reckon how many barrels were gone out, since he assured Maior Frankling and my selfe that he had a 100. in store, and all that both the Magazine Kee­per, and my selfe could reckon, with those 10. in his hands, and all he had since that day delivered out, was, as I remember, [...]4 or 26.

Whereupon I went to Alderman T [...]lsons, and asked him whether the Maior, him­selfe, 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, at which he stood amazed, and from him I went to Col. Kings wife, and desired to know of 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 businesse, and said to her, that I wondered her Husband should assure Maior Frankl [...]ng and my selfe, that he had 100. barrels of powder, when he had but 28. and that he should send for all that he had left out of the Gar­rison [Page 9] 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 Towne 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; which I desired the Earle of Manchester serious­ly to consider of, who seemed then to be very much affected with it.

And I being by the Generall sent post to London to the Committee of both Kingdomes about his marching to take Lincolne againe, and from thence to march to Yorke; to joyne 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 aga [...]nst him at Lincolne, and desired it might re­ceive a faire hearing before the Generall and a Counsell of Warre, and Mr, Ar­cher and others of the Committee of Lincolne, drew up a very hainous charge a­gainst King, and laboured hard for a tryall; and in the third place, the Major and Aldermen, and Town Clerke of Boston, came to Lincolne with their Arti­cles against him, which were home enough, and to my knowledge pressed Leiu. Generall Crumwell, to use all his interest in my Lord, that they might be admitted to make them good, before him, and a Counsell of Warre, but wee could not all prevaile, the reason of which I am not able to render, unlesse it were, that his two Chaplins, Lee, and Garter, prevailed with the Earles two Cha [...]lins, Me Ash, and Good, to cast a Scotch-clergy mist over their Lords eyes, that he should not be able to see any deformity in Colonell King, but this I dare confi [...]ently say, if there we had, had faire play, and justice impertially, King had as surely dyed, as ever Malifactor in England did; and to use the words once again of his own bosome friend, and Counseller, 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 Peares of the Realme, and had taken upon him safety to keep to the a­foresaid Granfather (King of England) the Town of Barwick: The said Barron perceiving afterward, that the said Granfather, addressed himselfe to ride into France, the said Barron (without command of the said Granfather) committed the said Barwick to a valiant Esquire Robert Deogle, a Leiv. to the said Barron, for to keep safe the own of Barwic to the said Grandfather, and the said went as an horse man to the said parts of France, to the said Granfather, 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 Leiv. to the said Barron, valiently 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 slain in the defence of the same, notwithstanding that the said Barron himselfe, had taken upon him the safeguard of the said Town, to the said Granfather, and departed without command of the said Granfather, and the said Town of Barwick lost, in the [Page 10] absence of the said Barron, he being in the company of the said Granfather, in the parts of France, as aforesaid, It was adjudged in Parliament, before his Peares, that the said Town was lost in default of the said Barron, 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 dye who left a deputy so manfully to defend the Town & also was himself with the King in the service, much more C. King meerly in reference to Crowland singly, who being Governer thereof, and ha­ving placed Captain Cony therein as his Deputy, with a company of men, sent for him in a bravado humour to Newarke, when he had no urgent necessity for him, unlesse it were that the world might see the bravery of his Regiment, which by his argumentation amounted to about 1400, when Cap. Cony certi­fied him, that the Towne being generally Malignant, &c. would be in great danger by the Beaverkers of being lost if he should come away, yet notwith­standing King sent to him againe, and did command him away, and put in a guard of slender and unsafe men, which presaged a losse of it to the Committee residing in Holland, upon which they acquainted Commissary Generall Ireton, then Deputy Governour of the Ile of Ely, and earnestly intreated him to send a strong guard to preserve and keepe it, and he accordingly sent (as I remember) Captain Vnderwood, a stout man, with about 100. Souldiers &c. of which when King heard, he was exceeding mad, and did write a most imperious bit­ter Letter, (yet as I beleeve in the hands of Commissary Generall Ireton) to command them out of his jurisdiction whereupon they were necessitated to de­part, and leave Crowland to his own slender and treacherous guard, by meanes of which, within a little while after the Enemy had advantage to surprize that Town without opposition, or difficulty, and did it, ‘So that to speake in the words of the Articles remaining in Parliament against him, he betrayed that Town, which was not regained without much hazzard and losse the expence of a great deale of treasure, and many mens lives;’ the blood of all which lies upon his head, for the losse of which alone (besides his treachery both to the State universall and representative) he ought to dye without mercy, by the Mo­rall and undispensable Law of God, made long before that ever the Jewes were a Nation, or had any cerimoniall Law given unto them, which law is expres­sed in Gen. 9.5, 6 where God spaking 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 every man: and at the hand of every mans brother will I require the life of man.

Who so sheddeth mans blood, by man shall his blood be shed, for in the Image of God made he man, reade Rev. 13.10. But King, though his own hands did not mur­der the Souldiers that lost their lives in taking it in againe, yet he was the true fountain and cause wherefore their blood was shed, Deut. 22.8. Judg. 9.24.2. [Page 11] Sam. 12.9. having apparently, by his wilfulnesse and treachery, lost the Town; and therefore wilfull blood being upon his head, he ought to make a legall sa­tisfaction, and expiation by his own blood: I wish with all my soule the Par­liament (your Lordship, and all the rest of the Judges of this Kingdome) would seriously consider and ponder upon this unrepealable law of God, that so wilfull murderers and blood-thirsty men might not escape the hands of Justice; and so bring wrath from God upon the whole Kingdom, Gen. 41.10, 11.12. Deu. 19.10. Psal. 106.38. Jer. 7 5, 6. and 19.3, 4. Lament. 4.13, 14. Hos. 4.1, 2, 3. Joel 3 19. Hab. 2.8. which cannot be expiated but by the blood of him that shed it, Num. 35.33. Deu. 19.12, 13. 2 Sam. 4.11, 12. 1 Kings 2.5, 6.31.32, 33. and 21.19. and 22, 34, 35.37, 38. and 2 Kings 9.7, 8, 9, 10 26.33.36.37. and char. 24.2.3, 4. but especially that you would thinke upon the grand murtherers of England (for by this imperciall Law of God there is no exemption of Kings, Princes, Dukes, Earles, Barrons, Judges, Parliament men, or Gentlemen, more then of Fisher-men, Coblers, Tinkers, and Chimney-Sweepers) upon whose shoulders all the innocent blood that hath in such abundance been shed in this Kingdome, &c. lyes, for which reckoning I am sure the score is not acquitted in the accompt of God, nor ought it not to be in the account of man, For if the innocent and righteousnesse of one Abel, cryed so loud for vengance in the eares of God, against Cain, that God cursed him and all he went about, Gen. 4.9, 10, 11. How much more will the blood of thousands, and ten thousands of innocent per­sons, that hath been lately shed in England, cry loud in the eares of God, for wrath and vengance against those that have been the true fountain and cause of it, for shed it is, and upon sombody the guilt of it lyes; and therefore it is but a folly and madnesse, for the King, Parliament, or People, to talke of peace, till inquisition be made for Englands innocent blood, and Justice done upon the guilty, and wilfull sheders of it, for besides the Law of God in Gen. 9. he saith plainly, Numb. 35.31. ‘That there shall be no satisfaction taken for the life of a murtherer, but that he shall surely be put to death, and in verse 33.’ God declares that the shedding innocent blood defileth and polluteth a land, and that, that cannot be cleansed of the blood that is shed therein, but by the blood of him that shed it, and for the innocent blood that Manasseth shed in Ierusa­lem (although a King) God sent bands of the Caldeans, Syrians, Moabites, and Ammonites to destroy Iudah, and remove them out of his sight, for the sinnes of Manasseth their King, and for the innocent blood that he had shed, (which the text saith) The Lord would not pardon, 2 Kings 24.2, 3, 4. Yea, and be­cause Saul (though a King) slew some of the Gebonites contrary to the Cove­nant made with them, ‘God sent a famine upon all Israel for three yeares, for that very innocent blood shed by the King, and there was no expiation or sa­tisfaction to be made therefore, but by the blood of him that had shed it;’ [Page 12] and therefore because he himselfe was dead and his blood could not be had, ‘seven of his sons (of his own blood) must and was hanged up to make satis­faction:’ therefore 2 Sam. 21.1, 2, 3, 4. to the 9

My L [...], the u [...]fferable provocation of Collonell King, forceth me to present these lines unto you, and I doubt not, but these will tend to his long deserved ruine; and therefore to speake in the words of his friend Mr. Prine, "in a case of the like nature; it is the just hand of God, many times so farr to dementate the very wisest polititians" as to make themselves the principall contrivers of their own infamy and ruine: for his Knavery, lying in a hole as it were, now he hath by his "arresting me, and bringing me before your Lord­ship (who I conceive have nothing to doe with the businesse, being it is depen­dant in Parliament the supream Court of the Kingdome) necessitated me to pub­lish the whole state of the businesse betwixt him and me to the view of the world, because at your Barre I cannot make plea at large to the whole body of the Articles, but must be tyed up,*And although King be guilty of Treason accor­ding to Ordinance of Parli­ament & by Articles of war established by them, yet according to Law, cannot be said to be guilty of Treason for violating of them. as I am told, to a single plea, that is to say, to ‘plead either guil­ty, or not guilty,’ unto which I cannot without snares yeeld unto, besides I must, as I am told, plead at your Barre by Serjeons at Law, none of which I know, and therefore will not trust them, come ruine and destruction, and what ever will of me, Againe, my Lord, I must there be tryed by a Jury that nei­ther knowes me, nor I them, nor knowes any of Kings habituated knavery, nor unerstands any thing of Martiall Law, ‘the only rule to try him and me in this case, and that which is worst of all, they are cho­sen (as I am told) by the under Sheriffe, of which kinde of creatures I never heard any great commendations of their honesty, but have heard of much jugling and packing betwixt them and such kind of crafty and large conscion­ed fellowes, as my Adversary King the Lawyer is.’ Againe, my Lord that which is the greatest mischief of all, & the opressing bondage of England ever since the Norman yoke is this, I must be tryed before you by a Law (called the common Law) that I know not, nor I think no man else, neither doe I know where to find it or read it, and how I can in such a case be punished by it, I know not: For, my Lord, I have been with divers Lawyers about this very businesse, and I cannot find two of them of one mind, or that can plainly describ unto me what is the way of your goings, so that I professe I am in the darke amongs briers and thornes, and fast in the trap by the heeles, and enemies round about me ready to destroy me, if I be not very wary with my tongue, and which way to get out, or how, or to whom to call to for help I know not, ‘for such an unfathoma­ble gulfe have I by a little search found, the Law practices in Westminster-Hall [Page 13] to be, that seriously I think there is neither end nor bottom of them,’ so many uncertainties, formalities, puntillo's, and that which is worse, ‘all the entryes and proceedings in Latine, a language I understand not,’ nor one of a thousand of my native country men, so that my Lord, when I read the Scripture, and the House of Commons late ‘unparaleld Declaration, it makes me think that the practises in the Courts at Westminster Hall flow not from God nor his Law, nor the law of Nature and reason, no nor yet from the understan­ding of any righteous, just, or honest men, but from the Devill, and the will of Tyrants, and oppressors.’ for,

‘First my Lord, the House of Commons declaration April 17. 1646. tels me, that their inventions are not to change the antient frame of Govern­ment, the safty & weal of the people, a most Goulden saying)’ but J am sure it cannot be i [...] the peoples safety, nor wealfare, to have their lives, liberties, and estates, judged by a "Law, the entrings and proceedings of which are in La­tine, and so without their understanding the [...]r cases in Heathen Greeke or Ped­lers French, and so beyond their knowledge, ‘and many of their rules in the orracle of Judges brests, whose judgements many times have been destru­ctive to the lives liberties and estates, of all the free men of England, witnesse there late Judgement in shipmoney &c. neither are such practizes agreeable to the Antient constitutions of the Kingdome.’

And secondly when God gives his Law unto the sonnes of men, he doth it plainly, without ambiguous termes, and in their own language, as first for Adam, the law God give him was plaine and short, with a declared penalty annexed unto, Gen. 2 16.17. ‘and the Lord God commanded the man, saying, of every tree of the Garden thou mayest freely eat. But of the tree of the knowledge of good and evill, thou shalt not eat of it, for in the day thou eatest thereof, thou shalt surely die.’ And his law in the 9. of Gen. about murther is as plaine as this, ‘for who so shedeth mans blood (saith he) by man shall his blood be shed, for in the Image of God made he man; and so likewise when God comes to give a law unto the Isralites as a nation, (yea; and that law which we call the Morrall law, and observe as binding to us to this day.)’ ‘he doth it in plaine words, without ambiguous or doubtfull tearmes, short and in their own tongue Exo. 20.’ and that the people might be at a certaintie, Moses as his Minister, and officer, writ, ‘and read it in the audience of the people, unto which they gave their consent, Exo. 24.3, 4.7.’ and after that God writ them himselfe with his finger, and delivered them to Moses, that so the people might be taught them, Exo 24.21. & 31 & chap. 34. yea, and in this plainesse, was the Law; God gave unto them, which he did not only barely make, and so let the people goe seeke them where they could find them, ‘but he also with Ma­jestie, proclaimes them openly and as if that were not enough, that so they [Page 14] might know the Law, and not in the least plead ignorance of it, Moses de­clares it to them againe, and againe, Deut. 5. and chap. 6. & chap. 9. & 11.’ ‘Yea and commands them to teach their Children, and to speak of them, when they sit in their house, and when they go abroad, and when they lye down and rise up, yea and that they should write them upon the posts of their houses, and upon their gates, Deut. 11.19.20. yea and that they should write them very plaine, Deut. 27.8 and the reason is because the just God hath done, and will doe just and righteous things, and will not be so unjust as to punish men for transgressing a law they know not, and therefore saith Moses to Israel in the behalfe of the just God, and his law, Its not hidden from thee, neither is it far off, it is not in heaven, that thou shouldest say who shall goe up for us to heaven, and bring it unto us that we may heare it, and and do it; neither is it beyond the Sea, that thou shouldest say, who shall goe over the Sea for us, and bring it unto us, that we may heare it, and doe it, but the word is very nigh unto thee, in thy mouth, and in thy heart that thou mayst do it, (so saith he) I have set before thee this day life & good, death and evill, Deut. 30.11, 12, 13, 14.19.’ yea and that the generations to come, might not thinke that God dealt hardly with them, in exacting obedience from them, who lived not in Moses dayes to heare the Law so solemnly pub­lished, he delivers as a standing Law (in future generations) unto the Priests, Elders, and people, that at the end of every seaven yeares, in the solemnity of the yeare of release, in the feast of Tabernacles: When all Israel is come to appeare before the Lord thy God, in the place which he shall choose: Thou shalt read this Law before all Israel in their hearing. Gather the people toge­ther, men and women, and children, and thy stranger that is within thy gates, that they may heare, and that they learne, and feare the Lord your God, and observe to doe all the words of this law: And that their Children which have not known any thing, may heare and learne to feare the Lord your God, as long as you live, Deut. 31.9, 10.11, 12.13. So we see how just and exact God is to the people, in giving them a short, plain and easie to be understood Law, in their own tongue, and not in the language of strangers and what care he takes to have it published and taught unto the people, before he requires obedience to it, or punisheth them for violation of it.

But if we will but impartially read our English histories, we shall clearely find, that the tedious, unknown, and impossible to be understood, common law practises in Westminster Hall, came in by the will of a Tyrant, namely William the Conquerer, who by his sword conquered this Kingdome, and professed he had it from none but God and his sword Daniel fo. 42. who sub­dued their honest and just law (Speed fol. 424) commonly called the law of Ed­ward the Confessor, and as Daniel saith, fol. 44 set up new tearmes, new con­stitutions, new formes of pleas, new offices, and Courts, and that whereas saith [Page 15] he fol. 46. before the causes of the kingdome were determined in every Shire, and by the Law of King Edward se. all matters in question should upon especi­all penalty, without further deferment, be finally decided in their Gemote or ‘conventions held monethly in every hundred, he ordained, that foure times in the yeare for certain dayes, the same businesse should be determined in such places as he would appoint, where he constituted Judges to attend for that purpose, and others from whom, as from the bosome of the Prince, all litigators should have justice, and from whom was no appeale, and made his Judges (saith Martin in his history fol. 5.) follow his Court upon all re­moves, which tyred out the English Nation, with extraordinary troubles, and excessive charges in the prosecution of their suiths in Law, and saith he fol. 4, he also enacted, and established strait and severe Lawes, and published them in his own language*Which was French. (as all the practices of the Law, and all petitions and businesse of the Court were) by means whereof many (who were of great estate, and of much worth) through ignorance did transgresse, and their smallest offences, were great enough to intitle the Conqueror to the land, and riches which they did possesse: all which he seized on and took from them without remorse.’

And although the agrieved Lords, and sad people of England, humbly pe­titioned him, that according to his oath (twice formerly taken) that he would restore them the Lawes of St Edward, under which they were born and bred, and not add unto all the rest of their miserie, to deliver them up to be judged by a strange Law they understood not, whose importunity so farre prevailed with him, that he took his oath the third time, to preserve their Lawes, 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, &c. and yet notwithstanding there followed (saith he) a great innovati­on, both in the Lawes 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 Customes and Liberties, then that they enjoyed them in effect. For the little conformitie between them of former times and these that followed upon this change of State, and though there may be some veines issuing from former originalls, yet the maine stream of our Common law, with the pra­ctice thereof, flowed out of Normandy, notwithstanding all objections can be made to the contrary, and therefore J say it came from the Will of a Tyrant and an Oppressor.

But it may be objected that the law it selfe, is not now either in French or Latine, and therefore not so bad as you would make it.

I shall answer in the words of Daniel, fol. 251. That it is true, upon the Petition of the Commons to Edward the third, he caused pleas which before [Page 16] 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 rendred the same also perspicuous, it had been a worke of eternall honour, but such (saith he) it is the late of Law, that in wha [...] language soever it speakes, it never speaks pain but is wrapt up in such difficu [...]ties and mysteries, as all professions or proficate) as it gives more affliction to the people, then it doth remedy, and therefore when Magna Charta, after many bloody Battle, and the pur­chase of many hundred thousand of Pounds, was obtained and confirmed by Edward the first, in the 25 yeare of his raign, divers Patrons of their Country, as Sir Edward Cooke in his Proem before the second part of his J [...]stitutes, de­clares, that after the making of Magna Charta, &c. divers learned men in the Lawes (that I may use the words of the Record) kept Schooles of the Law in the City of London and taught such as resorted to them, the Lawes of the Rea [...]m [...] taking their foundation from Magna Charta and Charta de Forresta, which King Edward the second sought to impeach, and therefore in the 19. yeare of his Raign, by his Writ, commanded the Major and Sheriffes of Lon­don, to suppresse all such Schooles, under great penalties, (such enemies are oppressors to the peoples knowledge and understanding of their lawes and li­berties, that so they may rule by their wills and pleasures, for the impugning and infringing of which &c this wicked and leud King was disthroned, at the doing of which, he confessed, that he had been misguided, and done ma­ny things wherof now (too late) he repented, which if he were to governe againe he would become a new man and was most sorrowfull to have offen­ded the State, as it should thus utterly reject him, but yet gave them thankes that they were so gracious unto him, as to eldest his elde sonne for King, Speed fol. 666.

And Henry the third, in the 38, yeare of his Raign confirmed the great Charter. which notwithstanding he continually broke them, and fetcht over the Poictonians by the advice of his evill Councell, to over awe his people, and anniholate their liberties, wherefore his Nobles, &c. sent him expresse word, that unlesse he would amend his doings, they would expell him and his evill Councellors out of the land, and dea [...] for the creation of a new King, Daniel, Fol. 154

But I desire not to be misunderstood, for in the harshnesse of my expressi­ons against the Common law, I put (as I conceive) a cleare distinction of it, from the Statute law, which though there be many faults in it, as I could easi­ly shew, yet I desire not here to say any greater evill of it, then that the 14 28, 29 Chap. of Magna Charta, the Petition of Right, and the late act for abolishing the Star-Chamber, are gallant lawes, and the best I can find in the whole vol­luminous [Page 71] booke of Statutes, but in my apprehension, they fall farre short, in a sufficiently providing for that which lately the Honourable house of Com­mons saith is the end of all Government, the safety and weale of the people, for in my judgement, they doe not possitively and legally hold out a sufficient security to hedge about, to keep in peace, and to preserve the splendor, and glory of that underived Majestie and King-ship, that inherently resides in the People, or the state universall, (the representation or derivation of which, is formally and legally in the state Elector representative and none else, (whose actions ought all to tend to that end) against incroachments, usurpations, and violence of all its creatures, officers and Ministers, in the number of which are Kings and Dukes 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, and to whom they are accountable for the faithfull discharge of that trust reposed in them, as not only Scripture, but nature and reason, doth fully prove, yea, and our owne writers, especially the late Observator, and Mr. Prynn, in his Soverain power of Parliaments and Kingdomes, printed by speciall authority from the House of Commons, August 2. 1643.

2. Although Magna Charta, be commonly called the English mans inheri­tance, because it is the best in that kind he hath, and which was purchased with so much brave English bloud, and money, by our fore fathers, before they could wring it out of the hands of their tiranicall Kings, (successors of William the Conquerer) as 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 [Page 18] 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 [Page 19] 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

HAving this day received a message, by Lievtenant Chillington, and one more as comming from your selves, to desire me safely to state my cause to you, that so too morrow at the grand Councell of the Army, you might be able cleerly to expresse your results about it, and de­sires to the Parliament upon it. In briefe the case is thus, after my deliverance out of Oxford Castle, I was made Major by Lievt. Gen. Crumw [...]ll means to Col. Edward King, in Lincolneshire, who severall wayes betrayed his trust, and did divers such actions, that he deserved, by the Ar­ticles of warre and Ordinance of Parliament, to loose his life: of which I according to my du­ty, and the trust reposed in me, complained to my then Generall the Earle of Manchester, and Lievt. Gen. Crumwell, and with indefatigable paines for divers moneths together, spent good store of my own money about it, but could not from the hands of my then Gene­rall [Page 25] obtaine one dram of effective justice upon Col. King, saying the lose of his great and many commands, although the Committee of Lincolnshire, and the Magistrates of Boston, and Lievt. G. Crumwell were all prosecutors as well as my sel [...]e.

Whereupon in August 1644 Mr. Mussenden and Mr. Wolley, and divers of the Committee of Lincolne preferred a formall impeachment of high treason according to Ordinance of Parlia­ment, and the rules of Warre, to the House of Commons containing 22. Articles against the aforesaid Col Edward King, which they caused to be printed, and which I reprinted at the latter end of my Epistle to Iudge Reeves, da [...]ted Iune 6. 1646 in the 4. and [...]2. Articles of which they possitively accuse him, for traiterously betraying Crowland, and Grantham into the hands of the Cavieleers, then professed enemies (in Armes) to the Pa [...]li [...]ment, and my selfe being an active prosecuter of King, to bring him to a tryall in the House of Commons, upon the said impeachment, by way of revenge, he con­federates with D. Bastwick then bitter against me, for my constant activitie against the persecuting Presbyterian Government, and up­on the 12 of Iuly 1645. joyntly with him sendsaWhich said lying and false paper, you may read in the 8. p. of Bastwicks most abusive printed de­fence against me, of the 9. of August, 1645. and in the 6. page of Pryns base and lying book called the Lyar confounded. in unto the Speaker or some other of the House of Commons, a most lying false malicious paper, under their hands against Col. Ir [...]ton, Mr. Haw­lins and my selfe, about 60000. l. that then was said to be sent to Oxford by the Speaker, information of which was that day in the morning given into a Committee of the house of Commons, by 3. Citiz [...]ns of London, viz Mr. Pr [...]tty, Mr. Rawson, and Mr. Worly, whereupon about 8. or 9 a clock at night by the Speakers means in the House of Commons, contrary to all equitie, law, justice and con­science w [...]thout either knowing my accuser or accusation, or so much as being called into their House, though then at their doore, to speake one word for my selfe, voted by the House into the custody of the Serjeant at Armes,bWh [...]ch Order you may read in the 13 pag. of my answer to Pryn, called Jnnocency and truth ju­stified, dated in Decemb. 1645. and as prisoner without any more a­doe I remained with his man Knight till the 9. of August, 1645 at which time corrupt Mr. Lawrence Whittaker, and the rest of the Committee of Examination, most illegally contrary to all law, com­mitted me to Newgate prison, for refusing to answer to their unjust Interrogatories concerning my selfe,cWhich illegall order you may also read in the 17. pag of the aforesaid In­noceny, &c. and my foresaid malicious enemies by their powerfull interest, prevailed with the house of Commons upon the 26. of August 1645. to make an expresse Order to try me at Newgate Sessions,dWhich mal [...]cious order you may likewise read in the 30. pag of the afore­said Innocency and Truth justified. before Mr. Glyn Recorder of London, my professed enemy, and who as I was told had threatned my utter distruction, and in all likelyhood I had hanged for it, if God had not inabled me fully and effectually to have staited my cas [...] w [...]th my pen, which I presented in print to the wo [...]ldeAnd which by the Au­thor of Englands Birth-right is reprinted at the beginning of that not able book. and my [...]ury, before they passed upon me, which as I was told gave them such ample sa­tisfaction, that they would not meddle with me, and so by spec [...]a [...]l order of the House of Commons, of the 14. of October 1645. I was freely dischargedfWhich discharge you ma [...] read in the 35. pag. of In­nocency and truth justi­ed. without being ever charged by any man all that time, legally with the least crime in the world, the whole story of my then unjust usage you may fully read in my book called Inno­cency and truth justified, being ignorant to this very houre of the true or declared cause wherefore I was so committed and tossed and tumbled by the House of Commons, saving but for what I find in Bastwicks and Pryns abusive books, mentioned before in the Mer­gent. And being at liberty, I followed my Star-Chamber businesse, then depending in the House of Commons, and with much adoe, as [Page 26] you may read in the 67 72. pages of Innocency and truth justified got it from thence transmitted to the Lords, before whose bar, upon the 13. of Feb. 1645. I had with my councell Mr. Bradshaw, and Mr. Iohn Cook, a fair and just hearing, upon which they made an effectuall and legall Decree,gWhich Decree you may read in the latter end of my relation of my Coun­cells plea before the Lords the 13. Feb. 1645. for the destroying and annihillating of that most illegall and bloody sentence past against me in the Star-Chamber in Anno. 1637. and within a few dayes after decreed me 2000. l. for my dammages or reparations, and transmitted an Ordinance down to the house of Commons, for inabling me to receive the money, in which House that Ordinance hath laid do [...] [...] ever since.

But Col King knowing I was the chiefest man he was in danger of, judged himselfe not safe, nor long lived, if I should gi [...] that money, which would enable me with vigour and strength to prosecute him, which he kn [...]w well e­nough I would doe, therfore to divert me, and to be revenged of me, he most maliciously and causelesly upon the 14. of April 1646. con­trary to the just priveledge of Parliament, and the common law ofhSee Vox Plebis, pag. 23 24. England, caused me at Westminster as I was following my busi­nesse, then depending before the House, by whom I ought there­fore in justice to have been protected against him▪ by the Bayliffe thereof, to be arrested into the court of common Pleas, in an action [...] or trespasse for 2000. l. pretending that I in October before had said, Col King was a Traytor, and I would prove him one, whereupon I clapt in my petition to the House of Commons, to desire them to appoint a time according to justice and reason, for the bringing the said Col. King to a tryall in a Parliamentary way upon the said impeachment depending before them being ready thereupon to justifie any thing I had said of the said King, desiring according to reason, equity and justice, they by order would suspend the determination of the said Kings acti­on of 2000. l. in the Common Pleas, till in a Parliamentary way he was upon his said impeach­ment, either condemned, or justified, and I improved, all the interest I had in the world, both in Lievt. Gen. Crumwell, then (sitting in the House,) and all the rest of my friends I had there, but could not so much as get it read, a reasonable answer of whichiWhich Petition is printed at the latter end of my Epistle to Iudge Reeves, which you may read in the 20. 21. pag. of the 2. Edition of it, foregoing this relation. had kept of all my present sorrowes, and down to Oxford Leager with L. G. Crumwell J went, to see, if with C Ireton and other of my friends there, I could do any thing to s [...]ave of a tryall at Com­mon law, till the tryall in Parliament was over, but my journey was to no purpose saving vexation to my selfe so left in the suds by L. G. Crumwell, who first ingaged me in it, and promised to stand to me. So up to London I came, and to variety of Councell I went, from all of whom I did understand, that by the strength of the Common law I must put in no other Plea, then either guilty or not guilty, and likewise that the Common Law tooke no notice of Ordinances or Articles of War, nor of any thing called treason, but what was done against the King: by which argument Col. King, in the betraying of Grantham and Crowland to the Kings party, had done that which was justifiable and not punishable, which was more then I knew before, so that in this extraordinary transcendent strait to save my self from being condemned by a Iudge, whose power flows meerly from an Ordinance of Parlia­ment, in 2000. l. for no other crime, but for the faithful endeavouring to discharge my duty to the Parliament, in endavouring the punishment of one professedly under the Parliaments juris­diction for violating & transgressing their Ordinances, unto which he himself stooped & sub [...]i [...] ­ted, I was of necessitie forced and constrained when all other just and rationall wayes and meanes failed me, to pen my plea my selfe, and in print direct it to the Iudge, and called it the just mans justification, now with the whole relation of my present suffering in the hands of Mr. Saxby. In the pening of which I was necessitated to touch upon the Earle of Manchesters b [...]s [...], unjust and unworthy dealings with me.

[Page 27]And the Earle of Manchester being my professed and implacable enemy, (who formerly would have hanged me for being over quick in taking Thickell Castle) for my so deeply ingaging with L.G. Crumwell, in his charge of treason and breach of trust, given into the House of Commons against he said long [...]nce deserving, to be beheaded Earle of Manchester, and for which I am sure [...]e injustice, long since fully deserved to loose his head,^a took the advantage (being then speaker of the House of Peers) to revenge himselfe of me, and as I have no other cause to think, procured an order in the House of Lords, of the 10. Iune, 1646. contrary to the knowne and de­clared law of England, contained in Magna Charta, and the Petition of Right, and in Sir Edward Cookes exposition of Magna Charta, pag, 28. 29. 46. 50. printed by two speciall Orders of this present House of Commons, for the summoning me a prisoner, to answer a criminall charge at the Lords Bar, (who by law are none of my judges, as their Predicessors doe upon Record in full and open Parliament ingeniously confesse.^b And although for gratitude sake to them for their forementioned justice, I obeyed their warrant and appeared at their Bar, yet in the manner of their proceedings with me they outstript the known rules of the law of England, and neither gave me a charge either ve [...]ball or in writing, nor never produced either accuser or witnesse, but by their Speaker the Earle of Manchester my declared enemy, most inquisi [...]ion and [...]tar-Cham­ber like, pressed me to answer to Interrogatories against my selfe, which I with all respect and [...]oderation told them, was against the tenour of Magna Charta, and the Petition of Right, which practice they themselves had deeply condemned in the Star Cham [...]er, but the 13. Feb. before in my own case, as by their Decree fully appeares, and given me 2000. l. dammages, a­gainst them, for proceeding with me in that very way, and I told them, I hoped they would not now build up, what the other day (in my own case) they had destroyed, but no withstanding my foresaid malicious adversarie the Earle of Manchester, pressed me againe and againe, possitively to answer his illegall Interrogatories,^c and being for my refusall likely in my own thoughts to goe to prison, I was necessitated out of that duty I owe to my selfe and my Country, to deli­ver in a paper at their bar under my hand and Seale, containing a Protest against their jurisdicti­on over me, in the case then in controversie betwixt us, and an appeale to the House of Com­mons, (in the justification of which I will live and dye, stand or fall) my legall Peers and E­qualls, for protection, justice and right, against their illegall usurpations, for which very paper and nothing else, they committed me to Newgate Prison,^d from whence upon the 16. of Iune 1646. I sent to the House of Commons, my legall and formall Appeale, which they re­ceived, read, approved of, and committed it to the speciall examination and tryall of a select Committee, whereof Mr. Henry Martin had the Chaire, who hath failed ever since to make my report unto the house, though two severall times he fully examined all my businesse. But in re­gard the bearer is in hast and I cannot well for want of time at the present, particularly state the rest that hath past I have inclosed for your information a coppy of my wives large petition, presented to the House about September last^e which fully states my case to that present, being of my own drawing up for her, upon which I had a new and very full hearing upon the 6 of November 1646 before Mr. Henry Martin, which you may at large read in my book called an [Page 28] Annotamy of the Lords tyranny, who yet never made my report, the want of which, is that [...] that causeth the continuance of my afflictions, it having been my longing and pressing de [...]re [...] ever since to receive their determination, either to my condemnation or justification.

My earnest and most pressing, and most [...]ust desire to you therefore is, to improve your ut­most interest to get the house of Commons, without any further delay, to comand and order Mr. Ma [...]tin (who in a late letter to me possitively tells me, he hath since he heard my cause profered to make my report twenty times, but the house would not heare h [...]m, to mak [...] the report of my cause to them. And that upon the report they would adjudge my cause either to my Just [...]a­tion or condemnation, (i [...] being all one to me in a manner which it be, so it be but adjudged, that so I may thereby know what to trust to) for favour, mercy, pitty, or compassi [...], I crave none from them, but only the benefit of Law, and unspotted justice, and if I have trans­gressed the Law, let them punish me to the utmost puntil [...]o of it, but if I have done nothing but what is just, legall, and honest (as I am sure I have not) in this contest with the usu [...]ping and incroaching house of Lords, in maintaining my own just, legall, and heriditary libertie [...], and the liberties of all my fellow Commons of E [...]gland, which the wicked Lords themselves, have often sworne before God and the World, to maintane, and inviably to preserve,) I re­quire imediatly without further delay, honourably to be delivered, with just and ample repa­rations,^* for all my unjust, and illegall barbarous sufferings by them; without doing of which by the house of Commons, (for all the Lords greatnesse and present pretended desembling goodnesse,) they doe not doe me nor the Kingdome cons [...]rned on me, effectuall justice and right.

So with my heartiest and truest love and service presented, to you all, desiring God to di­rect you to keepe close inviably to your solemn and iust ingagement & to act vigorously, and re­solvedly to the utmost of your power, in the wayes of unbiased iustice and honesty, to the spee­dy and effectuall settlement of all the iust interests of England, and to the crushing of all Tyra­nicall usurpations, especially in the pre [...]ant tyranizing uniust house of Lords, and to the set­ting of a brand o [...] eternall and everlasting infamy to future generations, upon all those, though never so great and guilded that visibly and evidently already have improved their power, interest, and machavill pollicies, [...]violate, infrindg, and crample under their feet, your most excellent iust and solemn ingagement made, agreed unto, and generally subscribed, a [...] New Market, 5 of Iuly 1647. And to req [...]i [...]e all your unwearied paines and labour of love manifested for the iust deliverance of me &c. seven told into you [...] own bosomes in this World, and that which is to come, and so I bid you fa [...] [...] and rest.