kill the Generall 1 Because it is no more then what his own mouth hath publiquely spoken that formerly he intended to doe it p. 101 102. 2 We cannot observe in his practice and carriage beyond Sea that there was any Change in his mind or resolution concerning the murdring of his Excellency p. 102 His rage and rayling was rather more then lesse p. 103 104. 3 His owne words published when he was in the Netherlands doe amount to as much as by the witnesses is asserted in this particular p. 105 106. Reasons to believe that he intended to destroy the Parl. and Councell of State 1 Because during the time of his Banishment in the Netherlands he counted the Parl. no other then hee did before viz. Tyrants Traytors Knipperdolings c. p. 107. The Author of the historie of Independency greatly commended by him specially for some passages p. 107 108. 2 Because could such a thing be done it would content him very much and the Authors of such Treason and Murder should be reputed by him to be the true lovers of the liberties and freedoms of England p. 108 109. 3 Because as to the meanes and way asserted by the witnesses how he would destroy the Parl. Councell of State is the same which else-where he declares publiquely to the world p. 109 110 111. What Lilburn had suffered for his devices had he liv'd among the Lycians p. 111 112. His grosse hypocrisie discovered by himselfe that it was not the peoples liberty which moved him to oppose Authority but his own private gain and advantage p. 112 113 Reasons to believe that he promised the Lord Hopton and others to settle Charls Stuart King of England as he called him in his Throne in England 1 Because no man was more against the putting of the last King to death then he p. 113 114. 2 Acknowledgeth Prince Charls apparent Heire to his Fathers Crown and Throne p. 114. 3 hath perswaded the people to receive him and to joyn with him as being more justifiable before God or man yea a thousand times more justly then to joyne with the present ruling men p. 114. 4 The great familiarity which was between him and the arch Cavalliers whilst hee was resident in the Low Countries is sufficient to prove the same p. 115. How Lilburn would make the world believe that the Cavalliers suspected him to be a Spy sent over by the State to learn their Counsels p. 116. 5 That corrupt Juries and seditious people are so much for his enlargement another Argument p. 116 117. 6 As Tiberius would have Caligula to reigne that he might destroy the people so would he set up his King here to suppres honest men p. 117. Concerning Lilburns return as to the time manner and other circumstances p. 118. 1 As to the occasion of his coming over here an Argument is fram'd to prove that the reason of his return was to murder the Lord Gen Cromwell p. 118 119 2 How he seekes for a Passe no pardon p. 119. 3 A mysterie opened viz. how he had before vowed never to believe nor trust the Generall and yet petitioneth to him for his liberty p. 120. 4 How Lilburn following the ordinary practice of former Incendiaries takes the advantage of our Change in the Government of State and thus for two Reasons partly because things are then unsetled and partly because at such turnings many men are unsatisfied p. 121. 5 Severall passages are opened which hee writes in a Letter to his wife of seditious consequence p. 121 122. 6 If he have not his Passe granted him how hee will take Major Gen Harrison for his principallest and grandest Adversarie and what he hath oonceiv'd already in his braine against the Major Gen pag. 122 123. Some Observations upon it ibid. 7 With whom Lilburn dined and sup'd when hee was at Callais immediately before his coming over and his Companions with him in the passage-boat p. 124. The third Assertion Namely no man banished out of England being returned again ever offered such Insolencies and high contempt against Authority as he hath done since his coming over specially for the time ibid. 8 His great swelling words at Canterburie as that he needed no Passe was as good a man as Cromwel c. ibid. Lilburn scorns to have his mouth stopt like the Geese in their flight over Taurus p. 125. 9 No sooner is he come at London but hee sends his Agents and Papers abroad to acquaint the people where he was and how to come to him as intending to have made new Tumults presently if the people would have joyned with him p. 125. For his carriage since his coming over 1 What he hath said 2 What he hath done Vpon his Tryall at the Sessions in the Old Bailie hee spake as followes 1 That the Act whereupon he was indicted was a lye a falshood it had no Law nor Reason in it c. p. 125. The Answer to it p. 126. 2 That the Parliament could not make any Act of Parliament since the Kings head was cut off ibid. How he spake Treason but covertly p. 126 127. By the same Law they voted him to death they might vote his honest 12 Jury-men p. 127. Reasons moving his Jurie to acquit him hereupon p. 127 128. 4 How he commends the Parliament which was before the Kings head was cut off p. 128. Two things observed thereupon 1 His notable dissimulation ibid. 2 His grosse absurdity and contradiction p. 129. How the Parliament never made good Laws since Lilb had some money bestowed upon him ibid. How Lilburn speaks plain English and so makes himself a Traytor by Cokes Institutes p. 129. His Jury encouraged to quit him in hearing him to speak Treason so boldly p. 130. How slightly he speaks of all Parliaments as having no power to send for him or any other man c. ibid. His great inhumanity towards the Parliament As to take away their weapons and afterwards to beat them p. 131. His falshood answered and ignorance discovered p. 131 132 How most unworthily he abused the Court p. 132. 1 The Lord Mayor ibid. wherein 1 He lyed against knowledg and conscience 2 Grosly contradicted himselfe 3 Wherein he spake truth it was against himself p. 132 Another Reason to encourage the Jurie to quit him viz. what a stout Champion he would be for them in the great businesse when occasion should serve p. 133. 2 His rayling at the Lord Keeble as being a Partâ—â— and having a sallarie p. 133. Magna Charta for Traitors and Fellons not for the liberty and security of honest men ibid. Why the Lord Keeble may not have 1000 l. per annum of the State to suppresse Riots and Incendiaries as Lilburn to have 1000 acres for ever to maintaine Riots and Insurrections in the Nation p. 133 134. 3 What he called Mr. Pridiaux Attorney Gen p. 134. How like herein to the Beast Duron who seeks to escape by casting forth her dung against the
illi torruit infelix mibuit autor opus Ovid. l. 1. de Art Aristot Ethic. li. 5. ca. 5. Gellius lib. 20. Noct. Attic. cap 1. Quod quisque fecit putitur auctoreÌ„ scelus repetit suoque praemitur exemplo nocens As Seneca Trag. Act. 3 brings in Radomonthus speaking as a Judge Gentiles saw it and have written for it and it hath been practised amongst them almost in every Nation Neither hath the Lord left this law with men as by them alone to be kept but we finde that he himselfe ofttimes hath put it in Execution And whilst we are speaking of this law it is not amisse that the Reader be desired to observe what Rules and qualifications are set down by Casuists and learned men concerning the right and due practise of it As 1. when it is a combination or plot design'd of evill doers this the Scripture expresseth n Deut 19.16 If a false witnesse rise up against any man c. From hence the o Ainsworth on the place Jewes gather that by law they may not determine any sentence by the mouth of one witness but from the mouth of witnesses either in money-matters or in matters of life and death 2. Maliciously prosecuting the thing with intent to doe hurt And 3. when it is to disturbe and overthrow the p Mr Lilburn in all his contests with particular persons and raysing up false accusations against them hath alwayes sought the disturbance of the Common-wealth publick peace When these things concurre and appeare In procurando proximi malo eadem omnes plecti debent poena saith q De Conscient lib 5. c. 56. Amesius What evill or hurt false witnesses seek to procure to their neighbour the same punishment themselves ought to have That Mr. Lilburn and others were confederates and intended by false accusations to ruine and destroy other men sought to make a generall disturbance and commotion in the Nation it is unquestionablie certain that to his Judges it appeared so And therefore this r This Law is as good a Rule and as lawfully to be walked by as Magna Charta or any thing in Cookes Institutes Law of God as one Reason and Ground may serve to justifie the Parliaments Act to the Fine and Banishment of him In Athens a youth was condemned who took delight to pluck out the eyes of Birds and having made them blind let them flie for pastime It was no birds eye that Mr. Lilburn hath sought to pick out and therewithall to Å¿ He would not use the base and fowl language which he doth but to make himselfe merâ—ie with it sport himselfe but the eyes of men or rather that which is dearer and more precious to them then their right eye even their credit good name estates liberties lives c. What lesse then in point of Justice t This is justice Qui alteri exitium parat exitium parat eum scire oportet sibi paratam pestem ut participes parem Tull Tusc 2. Equitie and Conscience could the Parliament doe then following the Commandement of God having made diligent inquisition to doe unto him as he had thought to have don unto his Brother But 2. The Supream power of a Nation may as they have alwayes don highten the punishment of Delinquents upon Grounds and Reasons of State The safetie and preservation whereof ought to be their u Vt omnibus bonis expedit salvam esse Rempublicam quam portus est Asylum civibus universis ita nihil est suavius quam bene rem gerere bono publico Plaut in capt Rule in all their proceedings Now if John Lilburns course of life be duly weighed and what his designes and intentions have been against the peace and publick good of the Common-wealth how often he hath endeavoured to embroil the Nation in bloud by seeking to rayse new wars c. It might be x We would thinke him an unwise man that would feed rats mise and other vermins to destroy his bodily Estate Ergo wondered that a stricter and severer course had not been taken with him For this we shall affirme and make it good That no man hath been banished out of England for higher contempts greater insolencies and more desperate and treacherous designes and Actings then he hath don against the State When Shimei was to be put to death for going out of Jerusalem Solomon remembred him of the great wrong which he had don before unto David his Father and to say the truth it was rather that then the later which drew forth the sword of the King against him Thus it is with the y Mr. Lilburnes former Treasons are still upoÌ„ the States score he hath not reckoned yet with them though the corrupt Juries have quitted him Simile simili gaudet cum paribus facillimè congregantur Canem cani bovem bovi Asinum Asino higher Powers when they are to give sentence upon an offender specially a publick Enemy to the Common-wealth they consider the condition of the person as what he hath been and what don before this later Act and so accordingly either lesse or more proportion the punishment That we may hasten to our purpose Had there not been found matter and cause enough for the banishment of Mr. Lilburn in Primates businesse Neverthelesse as z Had not Adonijah asked Abishag the Shunammite to wife his attempting before to be King had been forgiven and forgotten but doing this later his former acting comes into question and for it specially he lost his head Solomon put Shimei to death for going to Gath considering the fowl abuses don before to David So this Act was justly made against him for being a false witnesse he having formerly committed much Treason against the State Now whereas it may be objected that Mr. Lilburn was acquitted by his Jury We answer so was Shimei pardoned by David who could doe it and did it upon Grounds of Justice Reason whereas that a The law saith but they understood no law grounded upon Beason and Equitie satius esse impunitum relinqui facinus nocenti quam innocentem damnari Ulpian Jurisc in Pandect l. 48. Tit. 19. leg 5. Jury had neither Law Equitie nor Reason for what they did Now to the matter which is to shew and prove that no man hath more deserved to be banished out of the Common-wealth of England for Grand misdemeanours against the Republick then Mr. John Lilburn 1. It is well knowne to all those who either know the man or have heard of his practice that he is a professed b Like Aglutaidas who was never better pleased then with displeasing others nor ever relished any dish better then what was distasted by others Enemy to every present Government whatsoever it be As the Rainbow is never on that side of the world that the Sunne is but wheresoever it appeares it is in opposition against the Sunne If the Sunne be in the East the Rainbow
scorn call'd him Baal-peor the god of opening or of a crack Unlesse it be such as do adore him For other men they value his words but as cracks and winde they could not make an Act of Parliament since the Kings head was cut off Here the man takes off the vizard from before his face and will no more trouble the Attorney Gen about producing sufficient and legall witnesses but for the Treason which he speakes he resolves now to abide by it Neverthelesse wee cannot tell but he may have here some Jesuiticall Equivocation As it was a common practice among young Students in the time of the Dunces that in disputation when they were brought to an inconvenience were it never so absurd they would have a distinction though without braine or sense So possible he will o So the like concerning the protestaon which he made that he was not the John Lilb intended in the Act of his banishmēt here no doubt he hath a distinction now tell what it is eris mihi magnus Apollo have a distinction between a lawfull Parliament and making an Act of Parliament that is it may be virtually and formally a Parl. and yet want power or not be in a capacity to make an Act of Parliament And we are the more perswaded to think that he will make some such Dunce-like distinction because he knows Whosoever shall say that the last Parliament Assembled was unlawfull or not the Supream Authority of this Nation shall be taken deemed and judged to be high Treason But we shall leave this to himself and proceed 3. He said p If a Child might have its choise whether to burn the rod or spare it we know in this case what hee would do The Jury being Judges of the Act and law that is either to repeal it or let it stand had reasō to make it null for their owne safety A dead Lion cannot bite By the same Law they voted him to death they might vote his q They must needs be so for they are of his owne choosing and wish as much good to the State as he doth honest twelve Jurie men Was not this a very winning Argument and enough to work effectually and feelingly upon the affection of the Jury It being for all the world as if some Arch Thiefe or Murderer should say Yee Gentlemen of the Jurie take heed what you doe in my Case For if you hereafter shall be found r As who knows but what your heart thinks may come out at your mouth one time or other guilty of such Robberies and Murders as I have committed there will be as much reason and Law that ye suffer as my selfe Cleonides being askt why he spared the Argives who had sought to destroy their Countrey answered lest saith he we might want such men to exercise our youth If we consider the weaknesse and vanity of Lilburns words and how corrupt and unjust his 12 men were in their verdict In stead of that answer or rather no Answer which they gave at the time of their Examination before the Councell of State they might well and truly have said Wee have spared him ſ In the days of Hadriā the Emperour there was one Bencosby gathering a multitude of Jews together called himselfe Ben-Cocuba the son of a star applying that prophesie to himself Num. 23 17. but he prov'd Barchosaba the son of a lye No otherwise may they expect in following this mā whom they did choose as the star of the Law to be led by in their proceedings but an ill businesse in the later end lest we should want such a man as he to oppose the present Gouernment and to carry on the Cavalliers Design and Interest for us 4. He said The Parliament before the Kings head was cut off and the Members taken out were in their purity t This is the first time to our remembrance that ever in publick hee spake well of any Government who knows in regard of the great familiarity between him and the Cavalliers but he might learn some such thing of them a gallant Parliament who were tender of the liberties and of the wel-fare of the Nation And walked in the steps of their Ancestors and Fore-fathers Then were the dayes of their virginity they made good and righteous Laws and then they had no force upon them But since 1640. and 1641. there have been no good Laws made All this as the rest is only a flash and winde nothing at all to the purpose or thing in hand Two things neverthelesse are worth the observing 1. His notable dissimulation as being like the Crocadile of whom it is said when he hath kill'd a man afterward weepes over him as if he were sorry and did repent for what he had done It is well known what an Enemie he was to the u We are here in the dark as to find out the bottome of the man why the Parliament before the Kings death was so gallant Hee brings this in by head and eares as having no occasion to speak of such a thing But if we may give our guesse he speaks this to justifie the last King and to condemn the Warr which was made against him For beings Virgin Parliament and making good and righteous Lawes what could they have more of the King So that the King was in no fault of the blood and treasure of the Nation which was wasted Parliament before the Kings death his own Libels and Pamphlets are yet extant wherein hee doth as much scandalize and reproach the Parliament then as since But see here his Crocadile teares as weeping over their dead bodies by a feyned and base flatterie seemingly to repent for the murder of his tongue 2 Note his grosse absurdities and contradiction The Parliament before the Kings death which was not till about the yeare 1649. was a gallant Parliament c. and yet since the yeare 1640. or 41. there hath been no good Lawes made We shall not presse him here but spare him and endeavour to help him out Thus therefore we understand him In the yeare 1640. or 41. the Parliament x It might have been said of that time hodie venemum Reipubl est immissum For ever since that time hath hee been restless and continually quarrelling with one or other bestowed somthing upon him he being formerly very poore since which time they have not done the like and so consequently made no good Lawes And thus stands the case for otherwise putting aside his owne Interest we all know that more usefull and wholesome Laws have been made since Anno 1640. or 41. then before 5. He affirmes that it was no lawfull Parliament that made that Act. Againe The Parliament that made this Act of Banishment was no Parliament I will prove it And the Parliament were rather Transgressours then I. Againe Admit the Parliament legall They had NO POWER TO SEND FOR MEE If there were y In the great contest which
making disturbances and tumults in a Nation p 37 38 39 4 Lilburns complaints against the General are groundlesse for being ignorant of what is just good he therefore speaks evill of it p 39 40 41 5 As his Accusations against the Generall are prov'd to be false malicious and scandalous so hath hee shewed himselfes herein most inhumane and ungratefull p 41 42 The which in humanity and ingratitude is demonstrated in severall particulars p 42 1 In the basenesse of his speeches ibid. 2 In rendring evill for good ibid. 3 Having no provocation or occasion so to do p 42. 43 44 Lilburns End and grand designe in opposing Government and aspersing such as are in Authority and herein how like unto the Pope p 44 45 The severall ways and wiles which he hath used to bring his end and designe to passe ibid. 1 By instigating all people Souldiers as well as others unanimously to rise against the Parliament and to apprehend them as so many professed Traytors Theeves Murderers c. p 45 46 2 By making division betweene the Parliament and Armie which is shewed in several particulars p 46 47 48 3 By attempting to destroy the Armie p 49 The which is demonstrated By perswading the Souldiers to revolt and cast off their Commanders page 49 50 51 52 Here some particulars are noted as how he and his partie have occasioned the Souldiers to revolt p 52 1 By charging the principall Officers of the Armie with most scandalous horrid and base things p 52 53 2 When any of the Souldiers have acted any thing treacherously and dangerously against the Armie their manner was highly to commend such mutinous and seditious persons p 53 54 3 By urging and instigating other Souldiers when their fellow-souldiers for causing sedition have been justly punished to take severe revenge for it presently upon their Officers p. 54 55 4 In stead of a Court-Marshall Mr. Lilburn appointed a Committee of Indempnity whereby all Souldiers are acquitted as not to suffer for sedition or any other crime whatsoever p. 55 56 Lilburns designs and resolutions far worse and more abominable then the former p. 56 As how he resolv'd to murder and massacre severall persons ibid. 1 Sir Arthur Haslerig p. 57 2 He hath openly professed to the world that hee resolv'd to kil the Lord Generall Cromwel at the Parliament doore p. 58 Reasons wherefore he did it it not 1 For the love he bore to his Wife and Children 2 Because he was assured that he should see the Generals downfall without the killing of him And 3. Be an instrument himselfe for the restauration of Englands Liberties and Freedoms ibid. Hence these Inferences are made 1 That Lilburns coming lately into England was to effect what he had promised to the Duke of Buckingham Hopton and others p. 59 2 A singular providence of God that a design so desperate should be made known by himselfe p. 59 60 3 The Common wealth of England needs no such Actors 4 The intended murder confest by himselfe leads us as by the hand to the Author and Instrument of the Libels and Pasquils which have been thrown abroad pa. 61 62. 3 It hath not only been his resolution to stabb and kill particular persons but a whole Parliament of men at one time as so many Weasels and Poulcats p. 62 63 64 Lilburns first Tryall p. 64 The Act declaring what offences shall be adjudged Treason pag. 65 66 67 68 69. That the witnesses and proofes produced on the Common-wealths behalf were full legall against Liuet Col. John Lilburn in point of Treason p. 70. 1 The Treason was confest by himselfe p. 70 71 72 2 Proved by severall legall and sufficient witnesses pag. 72 73 3 In the Booke which he owned and and acknowledged himselfe the Author the whole Treason whereof he was accused is there set forth pag. 73 74 How impartial illegal unjust the Jury was p. 74 75 How impertinent and vain Lilburns whole Answer is p. 75 76 77 78 79 80. Lilburns slight trick how he escapes at his Tryalls p. 80 81. Mr. Lilburns actions and doings after his Enlargement pag. 81. Here wee find him a Solicitor attending the Committees pleading in all Causes where he might have any advantage thereby p. 81 82. He who had formerly cryed out against the Lawyers is more foule and criminall in the same particulars p 82 83 Having been so long vers'd in Nationall Tumults he is like a fish out of the water till his hand be again in publique Commotions p. 83. The Case stated concerning Hatfield Chase ibid. 84 The Riots and Insurrections there made ibid. Daniel Noddel gets to his assistance Lilburn and Major Wildman p. 85 How Lilburn cum socijs totally abolish'd destroy'd the whole Town of Stantoft 82 Habitations and destroyed in Corn and Rapes 34000 acres the damage not lesse then 80000 l. p. 86. An agreement between Lilburn and severall men of the Mannor of Epworth that in consideration of 2000 Acres to be given to Lilburn and Wildman they shall be defended from all Riots past and to come p. 87 Lilburn's Lords dayes worke at Stantoft p. 87 88. How he instigates the people of Crowle to make Insurrections and Riots p. 88. Noddel's wager that Lilburn would call the Parliament to an account p. 89. Lilburns land measured out and by him taken into possession ibid. Major Wildman present when Lilburn made the bargaine p. 90. Observations upon the whole ibid. 1 According to Cokes Institutes Lilburn is a Traitor by his Actions p. 91 92. 2 His unparalleld insolencie having but a little before escaped punishment for raysing tumults would throw himselfe againe headlong in the danger pag. 92. 3 Should such a president as this be left without due Execution of Justice in what danger were the whole Common-wealth p. 93. The originall and chief cause of his banishment p. 94. Lilb actions and proceedings beyond Sea ibid. Here is asserted that no English Exile in the time of his Banishment shewed more malice or contrived greater Treason against England then Mr. Lilburn did in the time of his Residence in the Netherlands p. 95. For 1. never was a State by the mouth or penne of any Exile made more odious or execrable then he hath rendred ours to Forreign Nations p. 95 96 97. 2 Having made our Governours State-Hereticks then be proceeds Pope-like to cut them off p. 98. The which is demonstrated By the particulars whereof he is accused 1 Isaac Berkenheads Charge against him p. 98 99 2 Captain John Titus p. 99. 3 Capt. John Bartlet ibid. 100. 4 Richard Foot 100. How Lilburn like the Sepiae seekes to escape by blacking the water p. 100 101. The whole Charge cast into three heads or branches 1 His resolution to kill the Lord Gen Cromwel 2 To destroy the Parl. and Councell of State 3 To settle King Charles as hâ—e called him in his Throne in England pa. 101. Reasons to believe that he intended to
the said Commissioners not daring as is humbly conceived to oppose the will and pleasure of the said Sir Arthur have contrary to cleare Evidence before them for your Petitioner refused to relieve him and have punctually pursued in their Judgement the Direction publiquely given by the said Sir Arthur That the said Commissioners being the onely persons authorized by the Parliament to heare and determine all Cases about Sequestred Estates Your Petitioner cannot be relieved from the o o Pejor est detractio in magni nominis viris quam in plebeis August lib. 3. cont Pet. l. 2. Oppression and Tyranny of the said Sir Arthur save by the Parliament or their speciall Order and Direction And your Petitioner hath been kept from his Possession above two yeares and the said Sir Arthur hath declared the said Collieries to be worth at least p p Whether he did say it is a question but this is without question had not the thing been of very great value Mr. Lilburn would not have made so much contention about it for his hand hath bin grasping great booties Witnesse the businesse of Haâ—feild Chase of which more in it's place 5000 l. per annum May it therefore please the Parliament in respect to the Publique Justice of the Common wealth to cause the truth of the Premises to be speedily examined and to provide for your Petitioners relief from the Oppression and Tyranny of the said Sir Arthur Haslerig and for the Dispensation of Justice without feare or favour as to your Wisdomes shall seem most safe And your Petitioner shall pray Josiah Primat The q Varro Romanes as it is reported kept in Capitolio certain dogs and geese which by their barking and gabling should give warning in the night of Theeves that entred in But if they cryed out in the day time when there was no suspition their legges were to be broken off because they cryed when there was no cause If the promoters of this Petition are as r Domesticum Testimonium stands noâ— good in Law Justin Inst l. 1. Tit. 10. Doctrina vana ratio ni accesserit Tull. they say themselves for justice and righteousnesse without respest of persons and against illegal and Arbitrarie actings God forbid we should speake against them but if they are as to the Parliament it did appeare so by their Censure deceitfull Workers false Accusers Defrauders prejudicial and dangerous to the Common-wealth we know no Reason but they should have their demerit accordingly To the matter then This Petition being by Lilburn and Primate given to severall Members of Parliament and afterward in the House avowed and justified by them both a Committee thereupon was appointed and power given to examine upon Oath and to send for persons parties witnesses and papers and to make report forthwith The Committee having sate Å¿ Note the honesty conscience of his honourable Jury as he cald them and who as he saith are the Keepers of the Liberties of England these without any examination of what was done in the twelve dayes found him not guiltie Like Gnato in Turrence Ais aio neges nego if you say it is thus so doe I if you say nay so doe I. But here how was that remembred Aequaliter utramque partem audire an old Attical Law twelve dayes upon the businesse and examined Witnesses produced on both sides and heard whatsoever could be said A report was made from the said t In a Pamplet lately printed entituled A Hue and Cry after the fundamental Lawes and liberties of England it is there sayd Many of the said Committee might justly be suspected of partiality greatly to favour Sir Arthur Haslerig 's cause and as much to discountenance Mr Lilburns cause Now we must beleeve this because Mr. Lilburn reports it As if neither the Committee nor Commissioners nor the Parliament were to be beleeved but onely his single testimony and bare saying Committee of their proceedings therein and of the matter of fact appearearing to them and the Evidence given them The House after long and serious debate Resolved upon severall Questions as to the civill part of the Petition and to the matter of Crime charged therein viz. That the Parliament doth approve of and affirme the Judgement and Resolutions of the Commissioners for Compounding in the Case of Josiah Primate That the aforesaid Petition is false malicious and scandalous That Sir Arthur Haslerig is not guiltie either of Oppression or Tyranny in the carriage and prosecution of this Businesse In a word whatsoever in the Petition contained any charge of crime as in reference to Sir Arthur Haslerig or the Commissioners for Compounding of unjust or unrighteous dealing after due Examination of all the particulars by the Committee and a full debate in the House appeared to be and so was judged and voted falshood and malicious aspersions Whereupon it was Resolved by the Parliament that all the printed Copies of the Petition should be burnt by the hand of the Common hangman A fine of 7000 l. Imposed upon Primate and committed to the Fleet there to remaine untill the aforesaid fine be paid The like fine of u Not that either he or Primate payd one penny of their Fines Neither hath Mr. Lilburns Estate been taken from him as he hath complained of and charged Sir Arthur Haslerig as if he had destroyed him his wife and children An absolute untruth as we understand for he hath enjoyed his Estate ever since as having been received either by his wife father or some other friend to his own use so that nothing hath been taken away from him by Sir Arthur as he most untruly reports 7000 l. was imposed upon Lievtenant Colonel John Lilburn and to be Banished out of England Scotland and Ireland and the Islands and Territories thereunto belonging and not to returne into any of them upon paine of being proceeded against as a Felon and in case of such return shall suffer death accordingly Before wee come to treat of the Act of his Banishment there are severall things to be considered 1. That it is most untrue which is by x Thus he writes Several of my friends in England may wonder why all this time I have not published the full state of the case between Sir Arthur Haslerig Mr. Primate and my selfe Mr. Lilburn and others affirmed viz. that the Reason and Cause of his Banishment should be of some difference and quarrel between Sir Arthur Haslerig and him whereas Sir Arthur was no further concerned in the businesse then to maintain as he was bound to doe the due title and Right of the Common-wealth which saith he some combining together wrongfully endeavoured to out and defraud the State of it It is no new thing to heare y Tacit. hist lib. 12. p. 395. So Ahab charged Elias to be the troubler of Israel wheras it was he his fathers house had don it men suum quisque flagitium alijs objectantes to
but that he knowes its a sacrifice most acceptable to such men who desire as himselfe to see the Common-wealth ruin'd But is it not better to please God then men the Scripture saith Å¿ Exod. 22.28 Thou shalt not revile the Judges nor curse the Ruler of thy people t Quia noveret deus sibi non defuturos in hoc crimine vindicando poena eorum arbitrio relicta est Rivet in Loc. Simler on the place hath these words There is here no punishment set down for him that should rail on the Magistrate but seeing he that railed on his Father and Mother was to dye for it much more worthy of death was he which should curse the Fathers of his Countrey We finde among the civil Lawes of Nations severe punishments appointed unto persons which should offend this way yea as the case might be little lesse then Crimen laesae majestatis As when it was don out of a seditious designe to cause tumults and Rebellion among the people by rendring the Governours odious and contemptible to them The very thing intended by Mr. Lilburn as he professedly declares himselfe Againe Neither is he contented to asperse mens persons but le ts out the venome of his mouth against the Government it selfe The Parliament he cals u Salva libertâ— sent to Col West a mock power sitting at Westminster x Foundamen Law p. 58. an insufferable insupportable tyrannical tyranny y Arraignmen p. 1. No Parliament at all in any sence either upon the principall of Law or Reason but z Arraignmen p. 8. a company of usurping Tyrants and destroyers of our Lawes Liberties Freedomes and properties a Picture of the Councel of State 2 Edit p. 14. 17. a tyrannicall and arbitrarie new erected robbing Government A dead stinking carkase Those Gentlemen sitting at Westminster have forfeited their trust and so the people dissolved from all obedience and subjection to them b A Declaration of the Free Commoners of England All their Votes Orders Ordinances Declarations Acts which are or hereafter they shall passe are declared and protested against as not binding to the people c Out-cry of the young men pag. 11. Againe Never will we by popular Petitions addresse our selves to the men sitting at Westminster any more nor take any notice of them then of so many Tyrants and usurpers and for the time to come hinder as much as we can all others whatsoever from subscribing or presenting any more popular Petitions to them So at his triall he spake it openly the Parliament that made the Act of his banishment was d Here the Proverbe is verefied He that hath once past the bonds of shame must be notable impudent no Parliament nor could they make an Act of Parliament since the Kings head was cut off e Hue Cry pag. 35. whose death in Law unquestionably put a period to the Parliament They have fild the Land saith he with their mockt or pretended Magistrates It was f Eugm Baron Jure consu l. 1. p. 120. a Law among the Romanes that whosoever passed not into their Citie through the gates but attempted to breake thorow the wals or to clime over they should be put to death But how much more had he deserved to die that should have broken down the wals burnt the gates and so brought in the enemie to destroy the Citie That which Mr. Lilburn hath been a long time strugling for it is to throw down the present wals strength of the Nation and to bring all things to confusion England to a heap of dust and ashes by moving the people to Rebellion and so to destroy one another in their Liberties Properties lives and all What man ever spake halfe the * Reus est laesae Majestatis qui seditionem in Remp concitat eum hostibus patrinae Religionem aut Reipub hostibus nomen dat aut aliud quid vis ad Reipub statum evertendum Moliâ—ur l. 1. 10. 11. hic l. 5. eod vult Alihis Dam houd vid Dam houd c. 63 Odiss aliqui per l. 21. sect 1. de cap. post l. Treason that he doth here who lived under any Civil Government that hath comparatively so abused it what State ever stood still and suffered themselves so intollerably to be reproached What infinite massacres murders robberies insurrections have been committed in Kingdomes and Common-wealths by far lesse occasion then this given to the people of this Common-wealth When Demosthenes would set forth the improvidence and incircumspection of the Athenians presented to them an innocent Foole who being smitten on the cheek layd his hand on the place where he had received the blow and being stricken on the other cheek did the like never using any of his hands to defend himselfe from further blowes Those that are in Supream Authority when they shall heare themselves publickly g In that Act declaring what offences shall be judged Treason it is thus said If any person shall maliciously or advisedly publish by writing printing or openly declaring that the said GovernmeÌ„t is tyrannicall usurped or unlawfull or that the Commons in Parliament assembled are not the Supream Authoritie of this Nation that Every such offender shall be taken and judged by the Authoritie of this Parliament to be high Treason proclaimed a pack of juggling knaves butchers of men bloud-hounds their Authoritie not onely questioned but denied and said to be no Parliament but a Juncto a mock-Parliament a company of usurping Tyrants and the people loos'd and dissolv'd from yeelding any further dutie or obedience to them Just as the Popes used to doe by their Buls and Breves when they deposed Princes and discharged the Subjects of their Alleageance When they shall see such things we say before their faces and acted at noon day if h Refert bonorum exemplis puniri improbos they stand still and hold their peace what may they be accounted but like Demosthenes i Indulgentia lenitas Magistratus minimè seditionibus praebet quiadum quiscere Magistratus officia plebs videt nullisque legum coerceri repaculis animadvertit ipsa sibi rapere gubernacula quidvis audere incipit contemto Magistratu vel speimpunitatis concepta Frid Wendel Inst polit l 3. c. 2. p. 492. Innocent foole Ideots Silly-bodies or like the Gymnosophists whose manner was when they were molested with Waspes and other stinging flyes not to stirre or once offer to drive them away Although therefore such Incendiaries and firebrands may be quitted by partial and corrupt Juries men as treacherous to the State as themselves yet are the higher Powers strictly to looke after those things and to punish as the Authours of Treason so the k Agentes consentientes pari poena puniuntur Danaeus in 1 Tim. c. 5. v. 22. partakers likewise who wrapt themselves by unrighteous verdicts in the sinne and guilt of Treason Howsoever the Magistrate l Sane lentus in
loco lequi This upon oath hath been testified by divers that severall times he did declare that either he would kill the Generall himself or set one to do it and declared this to be his intention upon his coming over Now what rationall man will not believe all this to be true seeing there is no more said by those Witnesses then what himselfe in effect before professed he intended to do For his declaring since to the contrary it is not to be c That proverb ordinary in Rome mentioned by Guiccard l. 6. of the Pope the Duke Valentynois may be applyed to this man Hee never did what he spake nor seldom spake as he meant credited hee that will make no conscience to murther and destroy men and ruine a Nation will make less conscience of lying and to forswear himself We may say here to Mr. Lilburn in another mans words d Testimonium tuum quod aliena re leve est hoc contra te grave c. Tull. Thine owne testimonie which in another Case is of small weight but this against thy selfe is of GREAT MOMENT 2. At his Tryall in the Guild-Hall at London he mentioned a Maxime in Law repeated several times in Cokes Institutes Actus non facit reum nisi mens sit rea It is not the act but the intention of the mind that declares the guilt Observe how his owne mouth condemns him neither is this without the singular e Here wee may see that Treason and murder will come to light according to the old proverb Quicquid nix celet solis calor omne revelat It is desired that this may be Englished to Mr. Lilburn for it much concerns him providence of God that a design so desperate dangerous damnable should bee revealed and brought to light only by his own pen And no doubt in much mercy to the Nation as seasonably f Ipse sibi nocet is alium qui laedere quaerit to prevent the shedding of much innocent blood which his malitious heart extreamly thirsted after as we shall prove hereafter No marvail therefore that his restraint is g Treason is loved though the Traytor be not so grievous to the Malignants and such plotting for his liberty considering what his resolution was and to them well known as to the overthrowing of this present Government The which may serve put our State in mind h Hor. l. 2. Od. 13. Quid quisque vitet nunquam homini satis cautum est What daily by us should avoyded be We cannot with sufficient heed foresee i Nemo diu lutus est qui periculo proximus est 3. Neither is it to be forgotten how he did forbear as he saith to murder the Generall of an assurance which he had to be an instrument or Actor himself in the restauration of our Liberties and Freedom It is a true saying k Quae dictu sunt turpia ne factu quidem decor puta Whosoever is naught in word we may not think that his actions will be good The truth is we neither desire nor expect any such l We read in Jothams Parable that the Bramble would be King and Lilburn speaks often of being Vppermost Now Valer. Maximus lib. 9. describes such an one as wee might expect him to be if Vppermost Crudelitatis horridus est habitus truculenta facies violenti spiritus vox terribilis ora minis crudentis imperiisreferta Instruments or Actors we know the remedy here will be worse then the disease For the m Impia sub dulci melle venena latent Libertie and Freedom which he talks so often of we know what he means lacte gypsum male mixtum it s to raise up new Wars and Commotions under such glozing pretences But we are by this time too wel acquainted with his projects as thereby to be deceived He hath learnt tunc omnia jure tenetis cum poteris Rex esse were he once n Mr. Lilburn in Print stiles himselfe John Lilburn Defender of the Faith An Allarm to the House of Lords in the Title page Now seeing hee takes a Kingly title to himself why might not John of Leidēs Title be added to it Iohānes Rex Novae Hierosolimae Rex Iustitiae super universū Orbem Iohn K. of the New Ierusalem King of righteousness over the whole world Johannes Rex Chief in place and power what might the Nation expect we shall tell you o Saevum praelustre fulmē ab arce venit Again fulmen est ubi cum potestate habitat iracundia a more cruell oppressor and persecutor especially of men truly godly would not be then hee As the wolves in the story would have the sheep to put away the dogs that so they might the sooner and easier devour them so Mr. Lilburn hath attempted by others and intended to do it himself namely remove by murder such out of his way who in a speciall manner do watch over the English flock that hee might the more freely and fully destroy it 4. This intended murder of his confessed since by himself leads us now as by the hand to the p In a Booke entituled L. Coll. I. Lilburn revived there are such villanous expressions as that he lookes upon the Generall as his grand Enemie will not fight more against great nor small but against him pag. 18 19. that whosoever shall read the same may very well believe that all those scandalous Libels which are cast abroad are by his occasion Author or Instrument of those abominable and base Libels which are often thrown abroad as to the instigating and stirring up of some desperate villain to the Assassination of the Generall and others in Authority In former time no Libel came from Rome but Parsons presently was supposed and noised to be the Author and the more vile the more Parson-like Such an opinion and not undeservedly is now amongst honest men concerning Lilburn if they heare of a Libel against the State it is generally thought and believed that he is q We shall here challenge Mr Lilburne and his party that they cannot produce such rayling insolent expressions and base language in the Libels of any Seminary or Iesuite against the English Government at any time as wee can ordinarily shew in their Pamphlets the Author and the more seditious treacherous and barbarous it is the more Lilburn like that is the more are they perswaded that the Action is his As knowing that Parsons the Jesuite never intended worse nor acted more treacherously against the government then then this man hath endeavoured by all the meanes and wayes he could devise to destroy the Government now established we say ever since we were a Common-wealth As Protogenes no sooner look'd on the line which hee saw in his shop made in his absence but knew whose it was Apelles hath beene here saith he for no hand else could have drawn it Even so if a man peruse the r
Metuebant in me omne in Eunuch Libels which are made he cannot but think and say Lilburn hath been here this is his worke for who but hee would write of stabbing killing murdering things so in humane and horrible as no man that is conscientious and honest would retain a thought of such wickednesse much lesse boastingly and pragmatically as he doth expresse the same but only such a one as cares not what evill is committed so it be to the satisfying of his malice and lust But 3. Neither hath it been the resolution of this man to stab and kill particular persons but like an other r Metuebant in me omne in Eunuch Gnato that the world might wonder at him and be afraid of him it hath been in his mind to murder and destroy a great number of people Å¿ It is worth the noting what this man speaks of himself I have the affections of thousand of MINE HONEST and endeared Friends in England who I know doe look upon me as a single hearted honest just plain spoken English man that hath been valiant couragious for the regaining and preserving their freedom liberty and if I should loose mine interest with my honest friends I were but single John Lilb nothing at all considerable either to be loved or feared Iohn Lilb revived p. 9. See Reader how he is double Io terrible Ioh and he must be valiant in stabbing and killing at least with his tongue that hee may not loose his interest with his honest Friends a whole Parliament of men at one time yea and as so many Weasels and Poulcats And that the Reader may see wee doe not report any thing of him but what he hath in the pride of his own heart openly declared we shall set down his own words without substraction or addition In a Letter to the Lord Faixfax which is extant under his own hand thus he writes Truly Sir give me leave to tell you without feare or dread had I come or could have got so many to have followed me as would have enabled me with my sword in my hand to have done justice and execution upon these grand treacherous fellowes and Tyrants at Westminster that have not only tyranniz'd over me but the whole Nation I should have made no more scruple of conscience with my owne hand to have destroyed them then to have destroyed so many Weasels and Poulcats The power of the Spartan Ephori was very great but not to kill any man Neither doth he find any Law for this in Magna Charta Cokes Institutes Liberty of Rights Besides he will not allow a Parliament to constitute a High Court of Justice as that any man in such a way should be put to death though never so great a Tyrant Traytor and Murtherer Neverthelesse and mark it good Reader t It wa a cunning trick which Themistocles was once taught by a man of Lacedemonia that because they might not take the Tables away wherein a law was engraven he should therefore turn them up side down which was as good as to take them away altogether This is the trick which Mr. Lilburn hath learnt though he cannnot take the Laws away yet he can turn them up side down for example if he be a Traytor yet must he be tâ—yed by 12. men of his own chusing If another be an honest man but by him judgd a tyrant he may kill him for the Tables are now turned he can himself without the least scruple of conscience kill and destroy men as so many Weasels and Poulcats yea and without his honourable Jury of 12. men This is John Lilburn The Defender of the Faith the Great Assertor of the Fundamentall Lawes and Liberties of England A sufferer for all free Commoners After Nero had occasioned much mischiefe to the Common-wealth he wrote to the Senate like Lilb when he held a paper in one hand to be sent to the Speaker intending with the other hand to kill the Generall u Ad Senatum literas misit de caede Syllaeplautique haud confessus vorum uniusque turbidum ingenium esse sibi in calumnâ—atem Reip. magna cura huberimo cunctas sibi curas amore patriae leviores dictiâ—ans vidisse civium maestos vultus audire secretas quaerimonias Tacit Annal. lib. 14. Accusing some persons whom he had murdered to be turbulent and factious men and that hee had a marvellous care for the peoples safety yea all the cares were nothing in regard of his love to the Countrey that he had seen the sad countenances of the Citizens heard their secret Complaints c. Whether Lilburn had ever seen this in Nero and aspis a vipera learnt it of him we cannot say but as good wits often meet so that Tyrant and this Chius ad coum in their bloody designe are alike For had he destroyed the persons or any of them as he most wickedly intended There was a writing to goe forth wherein as in Capitall letters might have been declared thus WHEREAS I J LILB LIKE NERO HAVE MVRTHERED SVCH MEN IT WAS BECAVSE I DID NOT LIKE THEM FOR THEY WOVLD NOT x Mr. Lilburn speaking of a method which he had a long time laid downe which is to destroy Generals Patricians Senators or Parliament-men as the ancient Romans and Grecians did He concludes thus Let my bloody and malicious Adversaries thanke themselves in not letting me alone to sit under mine owne Vine in Peace quietnesse Lilburn revived p. 10. Now 't is out we ever thought that he sought only himself though many ignorant of his wiles have been otherwise minded HELPE MEE TO MONEY AND LAND AS I EXPECTED BESIDE I HAVE HEARD THE SECRET COMPLAINTS OF SOME AS TREACHEROVS TO THE STATE AS I AM WHICH WOVLD HAVE ALL GOVERNMENT AND AVTHORITY TRODEN VNDER FOOT AS WILLINGLY AS MY SELFE Having thus truly laid open Mr. Lilburns y Of certain turbulent spirits it is said Illis quieta movere magna merces videbatur Salust They thinke the very disturbance of things quietly established are only sufficient to set them at worke The former particulars duly considered this saying cannot be applyed to any man more truly then to Lilburn CASE AND CRAFT we shall proceed now to his Tryall And here we purpose to Try his Tryers to the end it may appeare to the world how honest and conscientious they were and what Reasons there are to continue Juries by 12. men if the State meane to allow and countenance Treason any longer First for the Act declaring Mr. Lilburns Fact to be Treason it was read to the Jurie The words are as follow AN ACT Of the 14. of May 1649. declaring what Offences shall be adjudged TREASON WHereas the Parliament hath abolished the Kingly office in England and Ireland and in the Dominions and Territories thereunto belonging and hath resolved and declared that the People shall for the future bee governed by its owne Representatives or Nationall meetings in
Councel chosen and intrusted by them for that purpose hath setled that Government in the way of a Common-wealth and free State without King or House of Lords Be it therefore Enacted by this present Parliament and by the Authority of the same that if any person shall maliciously or advisedly publish by z z Note how all men who have acted by the principles of Reason and Nature have been ever more carefull by strict laws to stop the publishing of seditious books Thus Plato Plutarch and the wisest of the Gentiles in their models and plat-forms of civill GovernmeÌ„ have always given order that infamous writings should not be permitted such as aspersed the GovernmeÌ„t tended to mutiny and factioÌ„ but the Authors therof severely punished Famost Libelli convitia contumelia detractiones publicae sunt a Magistratu coercendae ut pax inter cives maneat Plato l. 11. de legibus So Plutarch lib. de Civil administrat Neither are there any Christian States-men but in their Republicks say as much Libellos famosos sive pasquillos magistratus spargi prohibeat eoruÌ„que authores disseminatores graviter coerceat Ketkerm System Polit. l. 1. c. 22. So our own Statutes Seldom an Act was ever made concerning Treason but there is mention made of scandalous books against the State Anno 1 Edw. 6. Cap. 6. So Anno 8. Edw. 6. Cap. 1. Anno 1 2 Ph◠〈…〉 â—o Anno 1 Eliz. c. 6. writing printing or openly declaring that the sayd Government is tyrannicall usurped or unlawfull or that the Commons in Parliament assembled are not the Supream Authority of this Nation or shall plot contrive or endeavour to stirr up raise Force against the present Government or for the subversion or alteration of the same and shall declare the same by any open deed that then every such offence shall be taken deemed and adiudged by this present Parliament to be high Treason And whereas the Keepers of the Liberty of England and the Councell of State constituted and to be from time to time constituted by authority of Parliament are to be under the said Representatives in Parl. entrusted for the maintenance of the said Government with several powers and authorities limited given and appointed unto them by the Parl. Be it likewise Enacted by the Authority aforesaid that if any person shall maliciously and advisedly plot or endeavor the subversion of the said Keepers of the Liberty of England or the a a How hee had denied the lawfulness of their Authority thrown scorne and contempt upon them is well known Qui peccantur coram omnibus coram omnibus corripienda sunt ut omnes timent Aug. de verbis domin Councell of State and the same shall declare by any open deed or shall move any person or persons for the doing thereof or stir up the people to rise against them or either of their Authorites that then every such offence and offences shal be taken deemed and declared to be High Treason And whereas the Parliament for their 〈◊〉 and lawfull defence have raised â—d levyed the Army and Forces under the Command of Thomas Lord Fairfax â—d are at present necessitated by reason 〈◊〉 the manifold distractions within this â—ommon-wealth and invasions threatâ—d from abroad to continue the same which under God must be the instrumental means of preserving the wel-affected people of this Nation in peace safety Be it further Enacted by the Authority aforesaid that if any person not being an Officer Souldier or member of the Army shall 〈…〉 to â—ch hâ—ld of any to 〈◊〉 with their â—ill they will bite and pull so hard to have it that many times they break their owne necks withall before they leave their hold Never man pluckt harder then this man in plotting contriving and endeavouring to stir up mutiny in the Armie So that if this place of the Act had been duly prosecuted he had broken his neck for his 〈…〉 plot contrive or endeavour to stirre up any mâ—tiny in the said Army or with-draw any Souldiers or Officers from their obedience to their superiour Officers or from the present Government as aforesaid or shall procure invite ayde or assist any Forreigners or Strangers to invade England or Ireland or shall adhere to any Forces raysed by the Enemies of the Parliament or Common-wealth or Keepers of the Liberty of England Or if any person shall counterfeit the great Seale of England for the time being used and appointed by Authority of Parl. That then every such offence and offences shall be taken deemed and declared by authority of this â—arl to bee High Treason And every such person shall suffer pain of Death and also forfeit unto the Keepers of the Liberty of England to and for the use of the Common-wealth all and singular his and their Lands Tenements and Hereditaments Goods and Chattels as in case of High Treason hath been used by the Lawes and Statutes of this Land to be forfeit and lost provided always that no persons shall be indicted and arraigned for any of the offences mentioned in this Act unlesse such offenders shall be indicted or prosecuted for the same within one yeare after the offence committed We shall not here take in the whole businesse which as c Namely in a book entituled The tryall of Liuet Coll John Lilburn which he well approves of and is willing the world should see published is an homaeologia one thing said often over and over but in short this wee say That the Witnesses and Proofes produced on the Common-wealths behalfe were full and legall against Lieutenant Colonel John Lilburn in point of Treason And thus we prove it 1. Howsoever the Statutes which he repeated say That no man shall be condemned for Treason petty Treason or any such like crime but by the evident and clear proofe of two lawfull and sufficient Witnesses Yet the same Statutes do likewise say If the offender himselfe confesse the Fact it is as much as two yea as tenn Witnesses And this was Mr. Lilb Case TREASON CONFEST Thine owne mouth saith Eliphaz to Job condemneth thee and not I yea thine own lips testifie against thee For the Objection which hee made that there was no man there to swear it was his hand It was the vainest and absurdest shift that could be devis'd What need was there for the Councell of the Common-wealth to prove that which proved it self or was d Coke saith we shall set down his own words Cardinall Pool albeit he was a Subject to Henry 8. and of the Kings blood being descended from George Duke of Clarence brother to King Edw. 4. yet he in his booke of the Supremacy of the Pope written about 27. H. 8. incited Charls the Emperour then preparing against the Turk to bend his force against his Soveraign Lord and Countrey the WRITING OF WHICH BOOKE WAS A SVFFICIENT OVER ACT WITHIN THIS STATVTE Note that the State needed no more proofe to charge him with Treason
The legall and fundamentall liberties of the people of England revived asserted and vindicated p. 4. 26. 30. 36. In all which n See Cokes Institutes the third part Cap. 1. p. 14. where Card Poole is said to be a Traytor for writing a seditious Book So the fourth part of the Institutes Cap. 26. Brooks Treason for writing of Letters Books confest by himself to be the Author there is as much Treason published as was ever by any Traytor either spoken or written against any Civill Government It is reported that in Athens the Judges were wont to sit in a dark place that so they might not see neither friend or foe that came to them for Justice We cannot say thus and speake the truth of Mr. Lilburns Jurie who were so o These never read it seems that Law which saith the highster supreamest upon earth cannot pardon or free the guilty of the punishment due to him A de Le l. Non minus impartial illegal unjust as that they walked not by any rules either of law justice or conscience For 1. Whereas the Act of Parliament had judg'd it to be Treason if any person should maliciously or advisedly publish by writing printing or otherwise openly declaring that the said Government is tyrannicall usurped or unlawfull All which most evidently hee had done Againe whereas Mr. Lilburn desired the Jury to take notice that no man was to be condemned for Treason petti Treason or any such like Crime but by the Evidence and cleare proof of two sufficient Witnesses Here now were p We know not how this Jury can quit themselves from palpable injustice unlesse they say as the Rulers of the Jews taught the Souldiers whilst they slept Lilburn was stollen away two Witnesses yea more who upon oath attested they heard him confesse that he was Author of the aforesaid Book and so consequently of the others wherein most unparalleld Treason was maliciously or advisedly written printed and published by him against the Parliament Generall and Army tending to the utter overthrow of the Common-wealth One thing more we desire the Reader to observe which shall remain upon q It is reported of a Persian King that being disconteÌ„ted he might not do something which was against the Law hee was told by another that they had a custome their King might do what he would This Jury tooke some such kind of liberty finding no Law they presumed they might do what they would Record to the perpetuall dishonour and shame of that Jurie whereas in his answers to other witnesses as Newcome Tooke Lewis Skinner Dafforn c. he had many artificiall shifts as to evade the weight of their Testimonie but here he hath r Here M. Lilburn shewed himself to be one of Antonies Schollers mentioned in Tullie who wisheth men if they be troubled about a hard question to say nothing to it Cic. de Orat. l. 2. not one word to say for himselfe though a thing wherein he was most concern'd And no marvail for he saw well enough that Cokes Institutes Littleton and other Law-bookes were here against him condemned him and as a convict Traytor by Law left him to Justice 3. As for the Evidence which was brought in against him by Colonell West Lieutenant of the Tower it was so full and home that had not his twelve men resolved perfas pernefâ—s right or wrong to have waved the principles of Reason Law and Justice they must of necessity here have found him guilty The Å¿ Note that in giving this title to his Pamphlet his meaning seemed to be thus that he would accuse and lay aspersions upon men behind their backs if he should be cal'd to prove what he said or written then he would not own it nor answer to it a true character of a back biter Salva Libertate as he cal'd it was delivered to the Lieutenant by Lilburn himself the Original written with his own hand to which he had himself set his name was produced in open Court. In which paper he saith The present Government is usurped unlawfull tyrannicall a mock-power a company of Theeves Robbers Tyrants men of blood destroyers of all Lawes Liberties c. That this was Treason by Act of Parliament is without dispute But now for his Answer 1. I will t If you will not look upon what you have done yet looke upon what a Heathen saith Dij odere omne nefas animo moventes Hor. l. 3 Od. 4. God hates with just displeasure such as strive in cankered hearts black mischief to contrive looke saith he upon none of your papers I am too old with such simple u It seemes he is no tame bird but ut noctuae aves mauspiccatae noctu gementes nam haec illis vox est mortalium invident quieti Ita virulentia linguae semper aliud spargit quo concordiam hominum disturbet Plin. l. 11. c. 25. gins to be catcht 2. It is but a single Testimonie 3. The Lieutenant is my Adversay 4. I thinke the Tower is not within the jurisdiction of the Citie of London Here that saying is made good fallacia alia aliam tradit one falshood or subtlety brings in another But to reply Though Mr. Lilburn will not look upon the Treason which he hath committed neverthelesse the Jurie for their Oath-sake should have taken it into consideration yea and seeing it was as clear as the Sunn at noon-day that it was his handy worke x Justitia omnium est domina Regina virtuum sine qua ne Jupiter quidem Principem agere potest they ought to have proceeded against him for it accordingly Again for his saying it was a single Testimonie we say sine capite fabula here is a meer cheat For what clearer and fuller Evidence can be brought into any Court of Justice whereby to cast a man in his case then when an Originall writing with his owne name to it subscribed by himselfe is produced against him to his face To say then he will not looke upon it its foolish and idle neither doth it helpe him any way in the least For as Coke saith standing mute but these words Lilburn did not read to his Jurie hee shall have Judgement as in case of High Treason Besides here were more Witnesses then one for what was shewed under Lilburns own hand was by another under oath affirmed to be his as being delivered by Lilburn himselfe to the Lieutenant telling him it was his and he did own it What Alcibiades said of the Athenians may very well be applyed to this Jurie You take things from other men not by tryall but by trust and doe them rather of y So that here that old verse was verified in Roma vale piu la putana Châ—la moglie Romana In Rome the Harlot hath a better life then she that is a Romans honest wife No doubt this Jury who quitted Lilbâ—rn from Treason had they been in power and place would
have condemned an honest man for his faithfulness to the State affection and will then out of any sure knowledge you have of the truth of them For the rest of his Answer as calling the Lieutenant his professed Adversarie desiring that he might be called off from the Bench that hee had an action against him depending before the Judges at the Kings Bench c. So whether the Tower be not in Middlesex As these things are not capable of answer so we let them passe Only it is worth the observing how Mr. Lilburn here and so in the rest of his answer deales with his Jurie like the Clapwing or Plover who to put a man out of his way flies before him clapping her wings and making a continuall noise of purpose that he may not find out her nest So he useth many words sometime commending himself other while aspersing others but nothing proper or pertinent to the matter And to this end namely That the Treason which hee had hatch'd against the State as chickens of the Cockatrice eggs might not discovered 4. For the other Witnesses as Newcome Tooke Lewis Skinner Daffern c. By all these the Treason whereof he was accused was manifestly proved against him As the Lord Keeble at the same time well and truly declared For proof saith he z The words of the Statute Anno 13 Eliz. cap. 1. are No person or persons shall be hereafter arraigned for any of the offence or offences unlesse the same be proved by the Testimony deposition and Oath of two lawfull sufficient Witnesses It is true by the words of the Stat. two Witnesses are required but it it is not said that to every particular act of Treason there must be two Witnesses single or double or treble as some of them doe amount unto as witnesse in this yea that doubles another mans witness If I swear this thing and another swear the same and a third the same that is double upon all their Testimonies Again speaking to the a Querie whether the Jury knew the Law better then the President if so how it doth appear Jurie You are not bound affirmatively to have two Witnesses but one witnesse with circumstances concerning that is sufficient that which should prevail with you is to consider the strength of the Accusation And a little after I doe not know in one particular that there is a Testimonie single but it is aggravated with many circumstances And what he then spake was most true namely that the persons against whom Lilburn objected as to be single Witnesses they were as to the matter of fact or Treason layd to his charge double yea treble witnesses in b Querie If a Judg in giving directioÌ„ light to a Jurie shewes them what the Law is in such a Case and they notwithstanding regarding neither Law nor Reason do only what is suitable to their lust and will Whether the supreame power that is above them may not Null such an unrighteous action justly punish the wicked doers Law Neither could hee produce any thing out of Coke Littleton or any other where five or six witnessing one Treason in severall places committed but they are not single but joynt witnesses legally and formally though but one present at a time A man is easily perswaded to do that thing which he purposeth and hath a mind to doe That the Jury without examining the Fact or considering the Witnesses were resolved not to find him c So that it is appareÌ„t these men either knew not or believed not that saying Victima haud ulla amplior potest magisque optima martari Jovi quam homo iniquus guilty it is as clear as the light for what Lilburn quoted out of Books was so falsly applyed as that every man which hath but common sense may see it 5. If we should goe over the particular Exceptions in his answer which hee took up against the Witnesses this would very much aggravate the injustice to say no worse of the Jurie that they should be led aside from the rules of Justice and Equity contained in the Morall Law of God and nature or sound naturall reason and that only by d As a Child will let goe a pearle if you put a Bable into his hand so these men were centented for Lilburns toyes and trifles to give up Law Reason and Justice wind and empty words To speak of some particulars which may seeme to have most shew of Reason 1. Concerning the Errataes mentioned by him what had the Jurie here to doe with them the Law saith e L qui habebat Ad Man Test Dâ—ctr Error in sylliba non vitiat Actum mistakes in syllables excuse not Treason This businesse lay betweene him and the Printer and if there were more Treason published in the Booke then was in his f Querie how the Jurie could be satisfied that there were any Errataes in the book for hee was but a single Testimonie in this case Copie he might if he would have charged the Printer with it But 2. who could better tell then he what those g If some men should have made an Errata to that Book they would have advertised the Reader instead of Sir Arthur Haslerig that he should read Lieut Col J Lilb a wiâ— bloody and tyrannical person who by severall wayes hath attempted to murder and by base plots conspiracies and false witnesse to take away the life of the Gen. and others If iâ— had been thus corrected other things would have been tolerable and more true Errataes were and of what consequence as to the altering of the sense and therefore as it concern'd him and no man else to looke after that so it was a most absurd and idle Exception 2. As ridiculous is that which he speaks of his Books For any thing saith hee the Jury knows they may be post dated that is made and written before ever the Acts they are said to transgresse had a being O wit surely the man knew he had a Jurie for his own turn or otherwise would not have spoken so vainly For 1. The Books prov'd to be given forth with his owne hands witnessed otherwise as to the date or time 2. If such a thing had been so yet it would no way have help'd him unles he could have prov'd it 3. A Jurie is not to enquire after Iffs and Maybees but to look on the present Charge and what evidence and proofe for it Quae supra nos nihil ad nos and Augustine adviserh well h Melius est dubitare de occulis quam litegare de incertis l. 8. c. 2. de Trinit It is better to doubt of secret things then to strive for uncertain things 3. Neither is that lesse froath and vanity where he saith what he swears meaning Thomas Dafforn is to a fact done in another County and therefore his Testimonie is not worth a straw it s gone It s invalid in Law it
decurrere piscis ad hamum There was yet another printed paper Entituled A Word to the Jury in the behalfe of John Lilburn The scope whereof is to stir up the people by force to n No doubt the Jurie would have been glad if such a thing had beene effected and can you blame them For had he been rescued and so not come to his Tryall their lying hypocrisie and other grosse evills had not come to light which now it doth to their shame whilst they live rescue the said Lilburn It is said there John Lilburn hath not offended against any Laws but against those o The Fox in the fable being arraigned for killing the Poultry pleaded not guilty as not having broken any justifiable Law And to prove this denies the Act which they brought against him to be lawfull because he the Kite and the Raven did not consent to it Judge Reader whether this be not his Case by-Lawes which are no Lawes But such as Tyrants made to succour themselves in their Tyranny and were not a legall power to make Lawes Demetrius for the love which he bore to a certain Picture or Idol in Protogenies shop willingly forbore to set the City of Rhodes on fire That Mr. Lilburn by the Jury may be quitted there must be no Act of Parliament against Treason put in execution but a door left open for this Idol sake to all Incendiaries to escape without punishment The Counsel which is p As Homer speaks of Vlysses Consilio bonus bonus Armis such a Councellor was he to the Jury given unto the Jury is to this effect As if he should say You are q So the 12 men understood themselves above Law and accountable to none but God Lilburn tells us that a Parliament are countable to the people for what they doe Wee should never have known how far beyond and above all Parliaments Iuries are if it had not been for this Tryall for how could we seeing there is nothing extant that makes mention of any such thing above both Law and Parliament as Iudges of the one and other so that it is wholly in your breasts to determine what is Law and when a Parliament may be said to be lawfull And according to this word did the Jury proceed most insolently presuming by the Verdict which they gave not onely to be Judges but condemners both of Parliament and Lawes A thing so unjust as before was never heard of and whereof they are since ashamed or afraid to give any Reason for it Jupiter is brought in as taking little notice of the evill speeches which the Giants used against the Gods But when he saw that they attempted by raising Mountaines to pluck them from their Throne here now he stirs and with thundering and lightning destroyes them and breaks their designe It is true nothing better becomes men in Authority then r Sic pius enis nam cum vincamur in omni munere sola deos aequat clementia nobis meeknesse and to passe by a multitude of offences but when they shall see men Giant-like to rise against Authority it self and not onely to trample their persons but their Acts too as mire under their feet ſ Here the proverb is true foolish pitie spoiles a Citie in such a case whether they ought not to be active and severe let wise men judge A Heathen could say t Interdum optimum miseri cordiae genus sit nocentes occidere saeva crudelitas si non c. Senec. It is sometimes the best kind of mercy that offenders be punished and to spare them the greatest cruelty Againe speaking afterwards to the Army You were first raised to succour the people from being subject to the Tyrannicall will of u Seeing his manner is to speak always honourably of the last K. and condemned those that judged him to death It is a question who he means by Tyrants when such tyrannical wills of men were exercised Tyrants If those therefore that Command you doe Command you to defend any member of this Common-wealth whose Servants you are of whom you receive pay you are to obey them therein But on the contrary if they command you to kill or guard the illegall execution of any one Member of the Common-wealth you are not to obey them therein but in stead thereof imploy your Armies against those that impose such x But who must judge when it is illegall not the Souldiers nor their Commāders nor Parl. nor any else but Lilb cum socijs illegall cruell and bloody Commands upon you What his former practises were as to divide the Army by causing divisions among the Souldiery we have already shewed the continuance of which most dangerous design we see here he hath brought over with him By guarding illegall executions we know what he means by his writings elswhere namely when any one is brought forth to be punished for his misdemeanours specially if it be for making Insurrections in the Common-wealth to countenance and encourage such a person in his evill and sin and casting off all just Commands to imploy their Armes as y Here he tels us what it is to stand for Liberty viz. to rise for Malefactors and not to suffer the Law or Iustice to passe against them be their crimes and offences never so many or great If hee and his party say it is illegall ipse dixit that must stand he saith here against their Superiours When there was a debate between Caesar's and Pompey's Souldiers of some agreement Libienus cries out Why talke yee saith he of such a thing Nisi Caesaris capite delato Vnlesse Caesars head be off there will be no peace By this passage we may see how improbable it is that the Army will be free from distempers so long as this man can have any influence among them It being his continuall endeavour to leave no way untried whereby to occasion some disturbance or other As if he had vowed or taken an Oath as a His Father made him swear at 12 years old never to bee reconcil'd to Rome Haniball did when he was but twelve years old not to be reconciled to the State nor cease to seek the ruine of it whilst he lives Besides the former he hath also dispersed another printed Paper called b A horse that is often spur'd in one place is therby made dull and lazy his Pleas are still one and the same viz. a kicking his Iurie in the side with their absolute power as to be Judges of the Fact the Keepers of the Libertie that neither Parliament nor Act are lawfull And thus spurring thē still in one place he knows how to make jades of them A Plea at large for John Lilburn Gent. now in Newgate In p. 16. it is asserted as followeth That by the Tax of 120000 l. per month Arbitrarily laid by the Generall and Officers June 19. 1653. upon the free people of England all their
then finding his name at that Booke as the Author It was now for him to make his defence here was Testimony on the Kings part enough unlesse he could quit himselfe of the charge it self a proofe His name and hand was at the Treason so that it lay now upon him to make his defence to it A mans owne hand to a Writing yea if it be his name at a printed booke as the Author it makes the thing to be understood whether good or bad properly truly his For to this end are hands and names subscribed as to speak out a mans propriety and what he owns Neither is it necessary as to the certainty and truth of the thing that there be any other proof or witnesse If it be objected that a mans hand may be counterfeited and his name set to a Book as the Author whereas its neither so nor so We answer here Reason Justice and Conscience hath provided a good Remedie viz. by declaring that it is not his which ought in such a case to be admitted nothing appearing or proved to the contrary But for a man to set his name and hand to a thing and being afterward questioned for it then to call for Witnesses to prove that the name or hand is his it is most ridiculous the thing it selfe being proofe and e We grant that by law a man is not to accuse himself that is where no offēce appears there he is not bound to be witnesse against himself But a mans name to a Book as the Author is certainly a Witnesse And note it we say a witnesse either true or false so that a man is bound in this case to answer as to a witnesse or rather witnesses Neither doth he here accuse himself but either clears himself of a false Accusation or fals under a legall and valid proof witnesse enough as was said unlesse he now can shew reason to the contrary We observed before how Mr. Lilburn without the least scruple of conscience could have destroyed some men as so many Weasels and Poulcats In this our Conscience hangs not so loose as his For wee desire to walk according to the rules of Reason and Justice But should there be seditious Pamphlets and Papers dispersed abroad full of Treason and tending to the ruine of the Common-wealth with f Some thought that beause hee used to vaunt of his gallantry that hee would have scorn'd to have said I doe not owne a jot a line a word or syllable of any of them But rather would have said its mine and I will prove every jot line word c. John Lilburns name to them as the Author truly in such a case were we either his Judges or of his Jury and had him and those scandalous books before us we could without the least scruple of conscience think him worthy to be put to death in finding his hand and name at the Treason which wee take for confession he not denying it but g Note Reader how Mr. Lilburn is proved a Traytor by Cokes Institutes whom he so much extolleth he expresly saith where the party doth confess his offence or is mute as Lilburn was he shall have Judgment as in case of high Treason Instit l. 3. c. 1. p. 14. standing mute onely calling for Witnesses to swear the same to be his whereas the Act it selfe was proof and witnesse enough The law saith h Confessio superat omne probationis genus Bar. in l. Si Confessus de Cust Rerum Confession is beyond all other kinde of proofe Among other Insolencies of the Jewes done to Christ it is said i Luk. 22.64 when they had blind-folded him they strook him on the face and asked him saying prophesie who is he that smote thee Just so would Lilburn serve the Parliament and Army having k Note how he brags of this himself I gave them saith he such a cuffe under their other ear as I believe they will never throughly shake off the smart and pain of it whilst Cromwels beastly most grosse abominable tyranny lasteth As you were page 4. smitten them with his venomous tongue then hee asketh who did it who call'd you Tyrants Traytors Murtherers Vsurpers now here they must not say it was Lilburn for he hath blind-folded them as how with Magna Charta Cokes Institutes Littleton Plowden c. All which as hee hath cited them and applyed them were as a hood or vaile cast over the face whereby a Traytor as unseen might thereby escape without just and condign punishment 2. Neither alone was his name and hand set to the Treason as to be the Author but it was likewise proved by severall legall and sufficient Witnesses that Mr. Lilburn delivering a book with his owne hand to Mr. Pridiaux Attorney-Generall Entituled A preparative to a Hue and Cry after Sir Arthur Haslerig told him at the same time that the Booke was his and he would owne it and so much hee spake in the hearing of Coll West James Nutley and Edward Radney all which upon oath testified so much at his Tryall Beside Mr. Lilburn hath since in another Book openly declar'd it That Booke saith he was proved at my Tryall to be mine saving the Printers Errataes which are many called a Preparative to a Hue and Cry after Sir Arthur Haslerig Now in this Book which he owned acknowledged himselfe the Author the whole Treason whereof he was accused and laid to his charge is there maliciously or advisedly published by writing and printing c. For 1. there he expresly saith m There is a great mystery in M. Lilburns words we may not call it a Contradiction because possibly like the Vrchin he hath two holes or like the old Oracles can speak double In his Letter to Mr. Kiffin p. 7. thus hee writes I have in all quietness both publiquely and privately walked in all quietnesse and uprightnesse towards the Gen. and Parliament since I owned their Authority and neither directly nor indirectly medled with them to give them the least offence or to occasion in them the lest cause of jealousie of me of endeavoring to undermine their power and authority If there were no Parl. since the Kings head was taken off whē did this man own their Authority or when was it that he was so quiet This is so deep inextricable a riddle to unfold that we must confess our selves here Davus not Oedipus THAT THOSE MEN WHO SIT AT WESTMINSTER ARE NO PARLIAMENT either upon the principles of Law or Reason pag. 2. An illegall thing pag. 4. A Juncto or pretended House of Commons p. 16. Again in the same Book he confesseth himself to be the Author of the Impeachment of high Treason against Oliver Cromwel and Henrie Ireton Esquires pag. 2 3. 14 15. 21. 24. So the Author of another Book called the Picture of the Councell of State pag. 3. 24. Besides the Author of that false seditious and most scandalous Pamphlet called