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
same which he did be ore we shall therefore forbearing repition speake the lesse of it Not to mention how he dispersed the Petition delivered to the Parliament by six persons who called themselves Apprentices He delivered another printed paper entituled More light to Mr. John Lilburn's Jury wherein is asserted That a Parliament having its foundation only in the Common Lawes is but one of them and neither hath nor have d Wee may here speak to this man in the words of the message which was sent to the Rebels of Cornwall and Devonshire We let you wit the same hath been as nulled by the Parliament and not now to be cal'd in question dareth any of you with the name of a Subject stand against an Act of Parliament Holling Edw. 6. p. 100 s. power over the right of its fellow-standing Lawes to contradict alter or repeal any of them more then it hath power to destroy its own being That is the Parliament have not power over this pretious way of Tryall by Juries no more have they power to make that Fellony which by the Common Law of England is but matter of Trespasse As Solomon answered his Mother when she desired that Abishag might be given to Adonijah to wife Aske for him the Kingdome also The like may we say to such men as desire Mr. Lilburns liberty amongst us e As Mahash the Ammonite would not make any agreemeÌ„t with the inhabitants of Jabesh Gilead unlesse hee might thrust out all their right eyes so nothing will content this man but wee must give up to him our understanding light reason The saying is a man may buy gold too deare why doe they not ask our reason freedome priviledges safety c. seeing the case is one Never was there a thing tending more to perfect slavery what a Parliament no power f Querie whether Monarchy was not established by Law and whether it were a standing and fundamentall Law of the Land by which Kingly Government was established here to contradict alter or repeale any former standing Law Must those Lawes made by Popish Parliaments in the mid-night of blindnesse proper to Monarchy and Tyrannie and no way sutable or necessary to our present condition be continued But marvaile not Reader at the impudence and boldnesse of these men Aliquid latet quod non patet This is no new thing but what formerly Incendiaries have constantly practised namely g Our Irish histories give us many examples in this particular As often as the State of England wenâ— about to civilize the Irish and to take them off from their former barbarous and uncivilâ— customes the Popish Priests and other Incendiaries would be disquieting the minds of the people and to instigate them rather to rebell then not to do as their fore-fathers did when a State hath been about to reforme abuses by removing what is inconsistent to the present time and to establish better things in the place thereof here to take an advantage for the prosecuting of their Treason as to disquiet the minds of the people by false suggestions and by causing publick Tumults to hinder the going forth of the work of Reformation if they can So that we have here in stead of crying up Liberty and freedome the Trap formerly laid Bondage and Slavery stood for and this as a snare likewise Such a master-workman is he in the Black Art of Treason Such Birds as follow the Eagle in expectation to have a share with him in the prey are sure to perish if nothing be taken Our confidence is that Lilburn shall win nothing by seeking to destroy the power and priviledges of Parliament And therefore for his Juries and others who have accompanied him in his seditious designe are likely to come short of their h Quere whether it was not the expectation of the Jurie that their quitting of him being at liberty he should immediately have taken the great designe in hand for which he came over hic labor hoc opus expectation that is instead of a Booty to be loosers by it In the same Book it is further said Such Lawes as these being voyd Lawes who are to know them to be such but Juries i Who knows but the man had read the story how the Asse took upon him to judg betweeÌ„e the Cuckooe the Nightingale Now of all other the Asse might worse do it having no skill in singing The Iury men coÌ„fesse they took upon them to judg betweene the Parl. Lilb And who might worse do it who are the onely legall Tryers of all men in all Causes and they are bound in conscience to try all Lawes made by Parliament by the fundamentall Lawes and where they find them contrary and that men stand before them to be Tryed as Fellons upon these lawes they are bound in conscience to pronounce them not guilty that are no Fellons nor in the least deserving death as in Mr. Lilburns case and not to expect k Of his writings it may be truly sayd Virus pestis venenum Reip the direction of Judges and Recorders in the case who many of them lye under sore temptations of loosing their honour and place of profit in case they wrest not judgment to the wills of those that are in power Have not we fought well all this while and laid out the blood and treasure of the Nation to a good end that in conclusion we must have twelve men l Whether any of these 12. were fools we shall not say But whosoever shall read their Examination will conclude they were not honest men suppose two knaves and ten fools as often it is and these must be the Keepers of the Liberty of England be above Judges Recorders yea the Parliament it self to determine what is Law and as they tell us so we must acquiesce right or wrong There being no power or Authority above them to m Pray note how Richard Tomlins one of the Iury in his answer to the Councell of State told them that he was not bound to give any account in that businesse to any but God himself which is as much as ever any TyraÌ„t did challenge appeal unto be their Verdicts and sentence never so illegall and unjust The matter here is so irrationall and absurd as no answer is fit to be given to it then to wish those who are in Authority to take speedy care and course to suppresse such insolent and base assertions given out for no other end but to keep up distempers among the people Some doe well n Pareus in Rom. 14. ver 13. p. 469. observe that a more greevous punishment is reserved for them which cause others to offend then for them which sin by their occasion Thus the Serpent was punished more then Eve she more then Adam So Iâ—zabel felt a greater and sorer judgment then Ahab To sin saith one o Peccare non tantum in se perditionis habet quantum quod
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
hunters p. 134. 4 What he saith of the Armie ibid. The Answer to it p. 134 135 5 What he calls his Jurie to wit his honourable Jurie the Keepers of the Liberties of England Judges of the Law as well as of the Fact p. 135. How he handles his Iury as if they were like brass pots he carries them by the eares where he will ibid. His base aspersing the present Parliament p. 136. Wherein is manifested the Jurie their disaffection to the State ibid. Care to be taken that the corrupt proceeding of this Jury be not left as a President to future ages p. 136. How he calls Jehovah to witnesse and protesteth before God Angels and men that he is not the John Lilburn intended in the Act p. 137. How such Asseverations and Oaths are frequently used by him and the Reasons why ibid. How it is Machiavels maxime and the doctrine of Jesuites to lye and forswear for profit and advantage p. 137. After his sayings his doings follow And here we find him at his old Trade dispersing scandalous and seditious Books p 138. 1 A printed paper Entituled More light to M. John Lilburns Jurie wherein is asserted that a Parl. hath no power to contradict alter or repeale any former standing lawes ibid. The Answer to it wherein is shewed how Mr. Lilburn seeks to enslave the Nation and to disquiet the minds of the people by false suggestion And such as aske his liberty may as well aske our Reason and understanding p. 139. How a Jurie though consisting of two knaves and ten fooles yet are above Parliament and Law and no Appeale is to be had from their sentence though never so illegall and unjust p. 140 141. How inventers of evill things and inducers to sin are principally to be punished p. 141. 2 Another printed paper called A word to the Army wherein he speaks nothing of the former divisions which he had made in the Armie but seeks to raise more p. 141 142. 3 A printed paper Entituled Fundamental Laws and Liberties of Enland c. p. 143. How Lilb shews here his follie in troubling himselfe about Parliaments which as hee states the Case signifie little ibid. How he is proud an ignorant man as noâ— understanding what fundamentall and standing Laws are p. 143. How lawes may be said to be standing and fundamentall and what such lawes are p. 143. How Lilburn is like the Masse Priests in Edward 6. his reign And seekes to make Commotions and Tumults now as they did then in the like seditious way and designe p. 144. How he extracts something from all former Incendiaries to be a Master work-man as he stiles himself p. 145. 4 Another printed paper called Lieut. Coll. John Lilburns plea in Law ibid. Here he undertakes to prove that the Parlament can alter none of the fundamentall Laws ibid. To which a large answer is given As shewing 1 What is power 2 Government or the execution of that power p. 145 146. His ignorance and non-sence and how hee seeks to enslave the Natian ibid. He goes backward to out-jump his fellow leapers in sedition p. 147. How like the foolish fish he swims to the hidden hooke ibid. Another printed paper called A word to the Iurie in behalfe of Iohn Lilburn p. 147 A doore for Lilburns sake must be left open for all Incendiaries to passe through without punishment p. 148 How the Jurie took upon them not onely to be Judges but condemners both of Parliament and Laws p. 148 What is to he done by those who are in Authority when they see not only their persons but Authority it selfe and their Acts and Laws troden under foot p. 148 149. Lilburns reâ—ued practice to divide the Armie p. 149. His unreconciled hatred to the State p. 150. Another printed paper called A Plea at large for John Lilburn Gent. ibid. Here he prosecuteth the method which he propounded to the Duke of Buckingham c. as to destroy the Lord Gen Cromwel c. p. 150 151. How he cannot for his life forbeare acting sedition p. 151. Lilb liberty not to be desired dangerous to the Common-wealth Reasons for it 1 Because nothing will satisfie him but murder and blood p. 151. 2 He knows nothing of the present Generation-work but one that scoffes and jeers at it p. 152 153. 3 Is a profest Enemie to Reformation As to have things continue proper to Monarchy no way suitable to a Common-wealth p. 153 154. 4 No friend to those that fear God and love the Common-wealth but he is for the Cavalliers and that party Having so many Agents as he saith in the Land it is fit he and they should be kept asunder as men keep fire and gun-powder apart p. 155 6 The dangerous consequence of an ill president in the Common-wealth p. 155. The conclusion of Mr. Lilburn in that grave Councell of the Senators of Troy ibid. Concerning Mr. Lilburns later Jurie p. 156. Here the Reader is desired to take the Marginall notes along with him What the Jury fitly may be call'd and why p. 156 The Examination of the Jurie taken before the Councell of State 157. Thomas Green fore-man why chosen by Lilburn why foreman p. 157. He will not answer for Reasons best known to himself p. 158. Michael Rayner he confesseth they had a meeting all together at the Windmil Tavern in Coleman street to agree together what answer to give the Councel p. 159 How he and the rest of the Jury took themselves to be Judges of matter of Law as well as matter of fact ibid. Thomas Tunman a Salter this man though he sels salt yet his words were not soasoned with salt witness his lying against knowledg and conscience in being ask'd whether they did not meete that morning at the Windmill Tavern he positively answered they did not p. 159 160. Immanuel Hunt he was not satisfied that the prisoner was John Lilburn indicted of felony About their meeting at the Tavern that morning First denies it afterward confesseth it p. 160. James Stevens confesseth the Councell and Bench told the Jurie they were onely Judges of the Fact But this they regarded not p. 161. Richard Tomlins tels the Councell 't is one thing what he can say and another thing to accuse himself ibid. He is not bound he saith to give any account of what he did in the business but to God himselfe p. 162 Will Hitchcock is resolv'd not to give any answer of their Action ibid. He says and unsays and contradicts himself most grosly p. 162 163. Thomas Evershot though he pretends he was satisfied in his conscience in what he did yet such was his conscience as hee can lye against his knowledg p. 163. Tho Smith refuseth to give any Answer ibid. Gilbert Gain though hee did differ from the rest yet at last yeelds to them for company p. 164 Griffith Ovven was not satisfied that the Prisoner was John Lilb p. 164. The Authors opinion concerning the downfall of Juries ibid. LILBURN Tryed
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
was between the house of Lords him he then denied their power and cryed up the house of Commons as to have more power But now they being remov'd and so not likely any more to send for him Hee seems to be of opinion that some such power was with them yet this he speaks somewhat darkly and closely lest too much of his hypocrisie should appeare at once any Judicatory in Parliament it was the Lords House not the Commons It is well we have it at last and in plain English without any Equivocation He will prove it he saith that it was no lawfull Parliament The which saying is proofe enough by Cokes Institutes to prove him a Traytor The Wolfe though he often dissemble and closely hides his nature yet he cannot doe so still but will shew himselfe what he is one time or other So it is with devouring spirits they may sometimes walk in the dark and use such artificiall sleights as their designes are not discerned yet this they cannot alwayes do but now and then casting off the sheeps-skins will appeare what they are even Wolves indeed But doth he not in the mean time very much satisfie the consciences of the Jurie as to move them not to find him guilty considering being arraigned for Treason he should thus openly before them declare himselfe to be guilty Who can but thinke a Querie whether it did not argue if not impudēce yet great indiscretion in the 12 men being known to be disaffected to the present Governmēt that such as they should durst give check to Authority knowing what the men were but by this speech of his they were much induced the sooner to acquit him 6. As for all Parliaments in generall he said Parliaments were a deligated power and b And because it is so Nodell told his friēds that Lilburn when he came up to London would call the Parliament to account ought to give a reason of all they doe and that it was not in their power as he had proved in his Plea at large before the Lord chief Justice Rolls and Mr. Justice Bacon May 18. 1647. nor had they the least Jurisdiction to sentence him or any of the least Free born English men unlesse it be their own Members That c We see children will look in a mans face when he is speaking but not minde or remember any thing that he saith The like Simplitians were these twelve Jurie men for had they observed the ignorance and folly of his words they would have better considered what they had to do in the businesse before them as knowing what he said was false And all Parliaments before had constantly practised the contrary all Crimes whatsoever were to be heard determined and judged at the Common Law and no where else Acts of Attainder were not Lawfull There is an Oyntment which if the heads of men be anoynted therewith they will seem to be most dreadfull and terrible Surely this man made account to fright them all away What hath a Parliament no power to send for him Really then either their power is very little or his power is above a Parliament What no Jurisdiction no not the least Alas what a poore and low thing is this Parliament No marvaile he hath taken the boldnesse to abuse it and call'd it a Juncto a Tyranny a Foolery Note he hath stript it stark naked not left so much as a reed or rush in their hands whereby to defend themselves Souldiers when they have unarm'd the Enemy forbear afterwards to abuse and beat the naked Prisoners But he will not shew a Parliament so much civility for he is not contented to take away their weapons whereby to keep off the strokes of his Treason but when he hath not left with them any power or the d We read of Julius Caesar when he had overcōe Pompeys Army he spared the Citizens And those whom he had vanquished by Arms he prefer'd gave much wealth to But he hath no such Romane spirit for though he hath laid the Parliament at his feet yet he cannot forbear to trample upon it least Jurisdiction he most inhumanely scourgeth them with his railing tongue Domitian is condemned for killing of Flies not but they might be killed but it was no fit work for an Emperour For some men to have heard him deliver such absurdities and non-sense it might have been tolerable but for a Jury who are to maintaine the power and priviledges of Parliaments to hearken to such roving and wild discourse was no way justifiable If a Parliament be the Supream Authority of the Nation then there is no Judicatory power or jurisdiction in any Court but what primarily and originally as to order and Government is in the Parliament and whatsoever may be done any where as to Government and Jurisdiction the same may be done by a Parliament viz. to send for Delinquents to Imprison Banish c. And this stands with pure reason if the man had e The reason wherefore this man shews so much follie is his ignorance as not capable to understand what power jurisdiction government order such things are If a people be free Power essentially is in them yet so as to action there must be first order which is to establish a Government Now it hath been the antient practice of this Nation to have a Parliament which is the alone Nationall Government Neither is there any Judiciary or Government in the Nation as properly arising and derived from the people but what is in a Parliament because other Courts and Jurisdictions may be said to have their rise rather from the Parl. then the people sense to understand it for to grant a Parliament and to deny Government and Jurisdiction which he speakes of is such non-sense as none but an Ignoramus in pure reason would speak it It is one thing what is not convenient or fit for Parliaments ordinarily to doe and another thing what lawfully they may doe as in point of Power and Jurisdiction Neither thought he it enough to speak thus reproachfully of Parliaments but at the same time most unworthily abused the Court As for instance 1 Speaking to the Lord Maior This is the strangest thing saith he that ever I saw that a man must be cheated of his life Good my Lord Maior you have made your selfe a party in my case and taken a wrong John Lilburn and if you doe not make me hang you are afraid your selfe You make the Land groan under your burthens and oppressions I desire you will not deny me my right that I may not loose my life in the resolve of a Question That John Lilburn shall be hanged which in time may come to murder your posterity and the posterity of those that hear me this day To speak nothing how he f A man tells a lye so often as he thinks it at least to be a truth who knows how far he was gone in a lye this way
where their Ancestors were in plenty brought them to work like slaves in Mynes So they seek to lead us to slavery by pretending to bring us to our Fore-fathers Ancestors was so established as no Parliament could contradict alter or repeale it whereupon great Tumults and commotions were made in severall places and much treasure and blood lost thereby As the Priests to have the Masse to stand occasioned the rude multitude then to revolt so seeks Mr. Lilburn now by making a noyse of standing and fundamentall Lawes to instigate the people to insurrection Whereas all rationall men well know there is no Law or Statute formerly made but the Supream Authority of the Nation may contradict alter and repeal it we speake here as to their power as lawfully and groundedly as ever Masse and Mattens were supprest As fools therefore will be medling so he being e Homine imperito nil quicquam est in justius qui nil nisi quod ipse facit rectum putat Comic ignorant what true freedome is and in what sense Lawes may be said to be standing and fundamentall seekes to f As the hand of a Clock or Watch will be turning about whether the finger stands right to its hour or no. So many people are carried too and fro always tuning and in action not considering the ground of their motion at all disquiet the minds of the people by publishing such things as are most foolish and absurd Onely this we doe observe that extracting something though but a little from former Incendiaries of every sort and size he hopes at last as he calls himself to be a Master-workman in his Trade About the same time he dispersed another printed Paper called Lievt Col. John Lilburn's Plea in Law wherein he undertakes to prove That the Parliament can alter none of the fundamentall Lawes And in p. 14. I might urge saith he many Arguments lawfully to prove That the Parliament was no Parliament when they past the said Act of Banishment but were long before dissolved and that by their own consents when the Parliament tooke upon them the exercise of Regality g He that shal read this mans Books specially the Titles of them shall find him to be like Psaphon a certain Lybian he would bee a god and having caught some birds and taught them to speak and prattle the great god Psaphon Hence he foolishly thinks himselfe a God and so must have sacrifice So this man setting out one Booke after another and every one pratling Law Law Law he at length begins to swell in hearing his birds to prattle so prettily of him not considering how hee hath meerely cozened himselfe and the dissolution of Kingship and House of Lords Because we would willingly satisfie all such as may otherwise stumble at the seditious block which he layes in their way we shall therefore shew what it is to be a free people And here two things are to be considered 1 Power 2 Government or the execution of that Power which God reason and nature hath given them Power we say is in the people yet so as not in all but with them who by their delinquency have not forfeited the same The Government or exercise of this power is in the persons intrusted therewith whether in a Parliamentary way or otherwise either formally or h Neither to say the truth is there any other form or kind of civill Government in the world but what is implicite as to order That is if the Supreā Authority be executed the people submit to it This makes it a lawfull Government Though there may be something wanting as to formality implicitely who may as their deligates or persons intrusted lawfully act as to power whatsoever the people can doe either about Lawes or what else is of publick and generall concernment So that to suppose i As the souldiers mock'd Christ when they put a reed in his hand and a Crown on his head And what otherwise doth he then befoole the people as to put on their heads the Crown of Liberty and into their hand all power And afterward to tell them they cannot contradict or alter former lawes but must continue slaves and vassals to their dying day a free people and to say that such a people by a Parliament who have the power of this free people invested and put into their hands as to the execution of it cannot alter none of the fundamentall Lawes It is as perfect non-sense and contradiction as ever was expressed for how can they be free and yet bound to the observation of former Lawes We grant the Supream Authority of the Nation may continue former Lawes and let them stand in force k Note well the distinction It is one thing to continue some former Lawes and another thing to be bound to continue the practice of them This later we deny but we deny that either Magna Charta or any other Statutes or Lawes of the Land left to us by our Ancestours are to continue or that we are bound to keep them as in reference to their Acts and because former Parliaments have made them But here if we are a free people it is in our liberty to take or leave that is to contradict alter or repeal whether some or all or none as we see cause and reason for it Besides to plead thus for unalterable Lawes what is it else but to l How hath this man published one Pamphlet after another crying out against other men for taking away the freedom and liberty of the people Whereas not any Tyrant ever broach'd a more wicked principle to support his Tyranny then he doth here and hath not been asham'd to send it abroad into the Nation enslave the Nation For by such a principle people not onely loose their liberty but are brought under such a kind of Tyranny out of which as being worse then the Aegyptian Bondage there is no hope of deliverance We see sometimes that men will goe backward a while that so coming foreward to jump they may leap the further and better Mr. Lilburn in going backward that is from talking of freedom and liberty m When Taxaris saw his Country man Anacharsis in Athens he said unto him I will at once shew thee all the wonders of Greece viso solone vidisti omnia Surely this man shall be the wonder of our age seeing he can tell us how to be a free people and yet remain all our days in slavery bōdage to plead for bondage and slavery doth it as it seems to fit himself for THE LEAPE viz. that he may out-jump his fellow Leapers in Treason against the State For his saying the Parliament was no Parliament c. we have heard him often to say it and shall speak no more to it then to tell him that by such sayings he may hazard and hasten his own ruine As the Poet saith of the foolish Fish swimming to the hidden hook Occultum visus
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
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
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
rob'd an idoll Temple and at his return by Sea had a faire gale and pleasant weather to waft him home with his spoyls See saith he how the Heavens smile upon us and how the gods are pleased with what we have done It 's likely enough all things going thus prosperously forward Mr. Lilburn might say in his heart God hath forgotten he hideth his face he will never see it but a Heathen could have taught him otherwise q 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 cernit deus omnia judex But to proceed with our discourse At the making of those Leases Nodell openly declared in the presence of twenty persons that he would lay twenty shillings with any man that AS SOON as Lilburn came to London there should be r And reason too For what Truant would not rather have the rod burnt then to be whipt with it a new Parliament no doubt but the other had told him so and Lilburn would Å¿ But where then is the people liberty and freedom if M. Lilburn may doe all this call this Parliament to an account so said Jacke Straâ— and Watâ—yler â—urther adding that seeing they had now t Post dulcia a mara sweet meat will have sowre sauce finished this of Lincolnshire meaning by riots and fraud gotten the lands from the Petitioners they u Not stay till they are sent for But note here how to go from Towne to Towne and cast down Iâ—cloâ—uâ—es this the law mak's levying warre and so Treason how will Noddel answer this would goe over into York shire to the rest of the Levells and doe the like there and so would gâ—ve x So doe Thiev's make worke for the Hang man but they had been better to havâ— sate still worke enough to the Attorney Generall One thing more at another time was delivered by the said Nodell Having now stated their Case they would print it and naile it the Parliament doore and if they would not do them Justice they would come up and make an out-cry and y And why not destroy them too as so many Weasels and Poulcats It seems the man is but a learner yet pull them out by the eares Neither is it to be forgotten that the aforesaid agreement being made viz. the 2200. acres of land to be divided between Lilburn Wildman and Noddel this they caused immediately to be measured out and took the same into their possession according to the proportions mentioned And agreed with severall persons to let out some considerable part thereof whereupon Mr. Lilburn he repairs the house built for the Minister partly pul'd downe by the Rioters before and puts his servant therein to keep possession and having driven away both the Shepheard and the Flock hee employes the place in which they publiquely met to the use of a Stable Cow house Slaughter-house and to lay his hay and straw therein This being so nomen mutatum Instead of Sir Arthur Haslerig Lilburns name being read whether the Petitioners may not truly say in a A just reproof to Haberdashers Hall p. 37. Again as in another place Mr. Lilburn hath most maliciously premeditately and in a despight contempt of the Law of England and most treacherously in subversion thereof hath exercised a tyrannical arbitrary power over and above the Law A preparative to a Huc Cry pag. 36. his own words Lieut. Coll John Lilburn and his associates have destroyed and levelled our proprieties and in our Case subverted the Laws and Liberties of England and exercised an arbitrary and tyrannicall power over us without any shadow or colour from Order Ordinances or Act of Parliament to the unsufferable and unspeakable indignity and dishonour of the Parl. We shall adde no more but close with this It is witnessed upon oath that Mr. Wildman was present when Mr. Lilburn made the bargain That they two in consideration of * Nec venit in mentem quorum consideris armis 2000 Acres and 200 to Noddel of the land so laid waste should defend the Inhabitants from all b Sueonius writeth that a Physiognomer being demanded what he thought concerning the naturall inclination of Tiberius the Emperour Answered I see in him 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 dirt mingled with blood Thereby intimating that he would prove a covetous and cruell Emperour the dirt in his complexion representing filthy lucre and blood cruelty Riots both past and to come and at their charge maintaine them in the possession of the 52000 Acres And likewise was present when the Deeds were sealed to Mr. Lilburn and himself of the 2000 acres according to the conditions aforesaid so that the truth of the c Accipias nunc O anium insidias crimine ab uno disce omnes Virg. Aene. lib. 2. Narrative is not any way questionable Because this business is depending in Parliament who no doubt are very sensible of the high Insolencies and abuses committed and will doe Justice therein accordingly we shall say the lesse to it only will give the Reader some Observations upon the whole 1. Howsoever Mr. Lilburn seemes sometimes to be so tender of the Law as if none like himself were so conformable to the practicall part thereof d It remains upon record to the lasting infamy of the Cardinal of Cremona that standing and pleading against Priests marriages was himselfe taken the night following in bed with a whore No lesse is it a sin and shame to this man to plead so much as somtime he will do for Law Justice and at other times when it is to satisfie his owne lust and pleasure not a greater traÌ„sgressor of law and justice then he Neverthelesse where he hath seene profit and advantage there hee hath made it but as a Spiders webb blown it easily away and broken thtough it Coke sometimes is his great Master but in this business of Hatfield Chase he will allow of no such Cook to dress his meat In the third part of his Institutes concerning high Treason hee hath these words e Ch 1 p. 9 10 There is a diversity saith hee between levying of Warre and committing of a great riot a Rout or an unlawfull Assembly f See Rot. Parl. in Cro. Epipham 20. Edw. 1. Rot. 23 Humfrey de Bobuns Case 4 Eliz. 210. b. Dier See the Stat. of 2 Mar. Cap. 2. By which grand Riots in some Cases are made Felonie Pasch 39 Eliz. by all the Judges of England he being Attorney Gen and present For exampl as if three or four or more do rise to burn or put downe any Inclosure in Dale which the Lord of the Mannor of Dale hath made there in that particular place this or the like is a Riot a Rout or an unlawfull Assembly and no Treason But if they had risen of purpose to alter Religion established within the Realm or Lawes or to g The very Case which Lilburn undertakes to defend theÌ„ in both in respect of what they had done or
that Bird which was brought to a certain Citie to devour the Offals and Carrion about the place but her owne dung was so much and so intolerable as they were soone weary of her being c Nero in the beginning of his Reign complained much against the ill government of his Predecessors but afterward was worse then they worse a great deale then they were before 6 Not to speak of the frequent meetings and great familiarity which a little before his return he had with Jamot Layton Whittington and other Cavalliers in severall places Being at Callais immediately before his last coming over he spent a day or two with the e Note that one in the next chamber heard them discourse of the Lord Gen Cromwel of whom Lilburn spake very slightly saying Cromwel what can Cromwel doe The information of John Staplehill Duke of Buckingham and some Colonels of the late Kings Armie where he and they with other Arch Cavalliers f It is a Spanish proverb dime con quiem ánd is y dezirte be quiem ere 's Tell me with whom thou goest and I will tell thee what thou art Had we not other marks to know Mr. Lilburn by his familiarity with these men were enough to shew that hee is a trayterous Enemie to this Common wealth dined and supped continually together who at his departure brought him at midnight to the waters side where he with two Cavalliers embarqued all in one boat went away together The Virgins in Cyprians time granted they walkd with young men talked with them went led with them but when they came to the Action they abstained Some such Apologie perhaps hee will make for himself Familiar they were but not cum stullis stultiscere cum vulpe vulpinari No action But as vaine and unsatisfactorie as ever was devis'd to excuse an Enemie by Here wee may say in his own words We are too old with such gins to be caught We have learnt so much Law and Reason too as not to believe an accused person upon his bare denyall of the fact where we have cleare demonstration and proof to the contrary 7 No sooner is he g Two Assertions we have already proved 1. That no man hath been banished out of this Nation for greater Crimes then hee hath done against the Government established 2. No English-man in the time of his banishment shewed more malice or contrived greater Treason against England then he did in the time of his being beyond Sea Our third Assertion is this No man banished out of England being returned againe ever offered such insolencies and high contempt against Authoritie as he hath used since his coming over specially for the time And here we begin at his arrivall to prove the same arrived in England but at Canterbuire in his way to London he presently begins to boast of his own interest here saying hee had no need of a Passe being as good a man as Cromwel and that he did not feare what he could do unto him Geese they say when they flie over Taurus keep stones in their mouths lest by gagling they should discover themselvs to the Eagles which are amongst the Mountains waiting to take them But Mr. Lilburn in his flight feared no apprehension he scorns Authority and thinks himselfe as potent as any man and therefore will h Neither follow this couÌ„sell virtutem primam esse puta compessere linguam not have his mouth stopt but speaks great swelling words as if hee meant to have put the whole Nation into a dreadfull fear of him 8 And lastly what could any rationall man understand by his appearing so publiquely and sending by his Agents papers abroad to acquaint people in all places of his being in the Citie and where he was and how to come to him but a treacherous design to i If the sparkles which a man strikes out of a flint do not take kindle it is otherwise then he would have it he useth the steel and the stone to have fire That these sparkles of sedition took no effect no thankes to him gather a partie to him whereby to make new Tumults and Commotions in the Nation And thus much for his coming over For his carriage since it may be considered two wayes 1. What he hath said 2. What he hath done Of these we shall speak distinctly and in order Upon his Tryall at the Sessions in the Old Baily he spake and asserted the particulars following 1. Concerning the Act whereupon he was indicted this he said It was a lye and a falshood an Act that hath no Reason in it k Smith in his Book entituled The Common wealth of England saith that which is done by the Parliament is called Fist sable saÌ„ctum and is taken for Law l. 2. ch 2. This man knew better the power of a Parliament then Mr. Lilb no Law for it It was done as Pharoah did Resolved upon the Question that all the l One thing here he forgets to tell the Jurie that as Moses one of the male children being preserved was afterward the instrument and meanes of their freedom and liberty So he had foretold of himself as one of the reasons why he kill'd not the Gen that he did believe he should be an Actor or Instrument to procure the full restauration of our English Liberties and Freedoms Lilburn revived 2 Epist p. 2. male children should be murdered That if hee dyed upon this Act he dyed upon the same score that Abel did being murdered by Cain That the Act was a voyd Act a printed thing there being no one Punctillio or Clause in it grounded on the Law of England and that it was an unjust unrighteous and treacherous Act and that he doubtted not to shatter that Act in pieces Wee read of one Theodosius who having denyed Christ made it afterwards his study to cast reproach upon the works and ways of Christ This is Mr. Lilburns practice here having been a continued Enemie to the State and for his intolerable insolencies and miscarriages necessarily banished he seeks to help himself by villifying and undervaluing Parliamentary Acts not that there was any truth in it nor so much as good sense in his words neither any thing as proper to the Jury to heare much lesse to be Judges of But as children and fooles will part with silver and gold if a counter or toy for it be put into their hands so he knew by such m A man that hath experienc'd a thing and found it right will make use of it againe upon the like occasion By Impertinences and by-talke he escaped the time before and therefore would take the same way againe by-talke and impertinencies specially rayling against the proceeding of the Parliament how to take away from his twelve men their reason judgment and conscience 2 Concerning the late Parliament hee said that n The Moabites called their God Baalâ—ognez the God of Thunder But the Lord in
lyes against knowledge and conscience in saying they had taken the wrong John Lilburn nor how grosly he contradicts himself for being the g Note how the honest honourable Jury men as they made no conscience of lying in their Examination so by Lilburns lying their Consciences were satisfied that he was the wrong John Lilburn But herein neither of theÌ„ follow that frying magna est proesentia veri wrong John Lilburn how could the Maior make himselfe a party in his case There is something of note where he saith h He had before given our that one land was too little to hold the Generall and himselfe aut Caesar aut nullus if he dye not others may fear to suffer There was much truth and reason in this For as the Plague not removed kills the body so Incendiaries who are no other then Pests in the Common-wealth must either be supprest or ruine will follow For the rest it is nothing else but as before impertinencies and base talke Though possibly he work up himselfe hereby more and more into the affection of the Jury For they hearing him to speak so high against the Lord Maior and telling him of making the Land to groan with burthens and oppressions they must needs think he speaking thus as a Prisoner had he liberty what a stout Champion would he be for them in the i Rich Tomlins one of the Jurie saith in his ExaminatioÌ„ What he can tell is one thing but to accuse himselfe is another thing Now who can tell if hee would have declared the truth but seeing Lilburn at this time so bold he thought it was fit to save his life in hope he would bee a notable Instrument for them hereafter This is that honest man who boasted before-hand right or wrong they would save him Great Businesse whensoever opportunity should serve 3. He told the Lord Keeble that he had nothing to doe to judge him being a party and had a Sallary of a thousand pound per annum from the State Here he speaks home for Liberty Malefactors are not onely to choose their Jury but their Judges too So that Magna Charta is to be understood of liberty granted unto Murtherers Theeves Traytors But for true men honest and faithfull to the State there is no help for them there as to their liberty and security So that we may apply to our selves what is applied to Rome In Roma vale piu la putana Chela moglie Romana In Rome the Harlot hath a better life Then she that is a Romanes honest Wife For the 1000. l. Sallary we know no reason k Wee would gladly have an Answer to this Question following that rule Non multis verbis pauca comprehendit fed paucis multa why he may not better or at least as well deserve to have so much of the State for suppressing as occasion is such Riots and Insurrections as are made in the Nation as Mr. Lilburn to have 1000 Acres not per annum but ad seculum seculorum for undertaking to defend men in making Ryots and Insurrections against the peace safety of the Common-wealth both past and to come 3. To Mr. Priduax Attorney-Generall he said You are a blood-thirsty man and you come here to justifie your unrighteous Act And I hope l Was there not reason 〈◊〉 they should Besides seeing they will not give any â—eason wherfore they did acquit him why may not this be one viz. his rayling at the Attorney General and hoping his Iury would take notice of him How could men seeking to satisfie their conscience but be satisfied to the purpose to hear all this the Jury will take notice of all your violence It is the admiration of my soule that he should be a Judge in m This is his common practice whosoever prosecuteth any thing against him in behalfe of the Common-wealth he rayls at them as if it were only their Cause that they manage against him his own case to have a man sit as my Judge that thirsteth after my blood The Beast Duron being pursued and seeing no way to escape by a naturall Craft casteth forth her dung against the Hunters following her whereby to stop them from coming near by reason of the corrupt smell and stink thereof Whereunto tended all his railing and vile reproaches but as a suttle devise to keep his pursuers off as well knowing the stink was so intolerable as they could not possibly endure it Howsoever sweet and pleasent to his 12 men For who knowes not but Swine delight in mire and dirt so that by such slanders he hath a double advantage The one to hinder those who prosecuted the caus of the Common-wealth against him The other to win still a better opinion and liking with the Jury-men 4. He said that the Army many of them have been very good instruments for the good of the Nation to deliver us from Tyranny I wish there is not a greater then they delivered us from And why n Temporis observatio in cunctis negotiis plurimum prodest so modest now Indeed insinuations sometimes are more effectuall and taking then plain affirmations especially when the Speaker is known as here it was not to doubt or question the thing but doth it by a figure for aggravation sake But here the man is very o It was said of som books which Aristotle made They were set out not set out So we may say of a great deale of his speech It was talke it was not talk Many words were spoken but let them be duely weighed either non-seÌ„ce impertinences or contradictions mysterious we know not what Tyranny he means besides if we have had no good Lawes since 1640. and 41. and before the Kings head was taken off the Parliament was tender of the Liberties and welfare of the Nation c. Wherein then hath the Army been such good instruments c As the way of a Serpent upon a rock such is the way of an adulterous woman Neither is it possible but that this man should be thus crossing and contradicting himselfe seeing to serve his own turn he carries p It is observed how Julian the Apostate against the Christians sought to keep up a double Interest one of the Jewes the other of the Gentiles But the Lord destroyed both And so wee trust he will frustrate whatsoever either this man or any other designs against us on severall interests 5. For the Jury he called them his honourable Jury and said they were the Keepers of the Liberties of England And will make it appear that the Jury q when Philip came to the Oracle of Apollo the Priest caused the Oracâ—e to answer to his humour and therefore it was said 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Hee knew well enough for what the Jurie came and how to send them away with satisfaction To tell them they were above Law and Acts and Parliaments What Aâ—e being thus ticâ—led under the bellie would
reliqui ad peccandum inducuntur Chrysost hom 25. in Epist ad Rom in Mar. ad Locum hath not so much perdition in it as to make others to sin We find no man p Ex pessimo genere ne cautulum quidem relinquendus before this man that hath been so unreasonable as to affirm such a thing And therefore if we will be followers of God inventers of evill things and inducers to sin must principally be punished by us Another printed paper which he dispersed in the manner aforesaid was called A Word to the Army wherein he q If the Iurie be the only Iudges of a Law and to tell us what Acts are good what not what reason hath he to appeal to the Army for by his own confession it did not belong to them It seemes hee can dispense with legality appealed to the Army in his Tryall upon the Act of Parliament Here we might mention several seditious expressions which he useth but so much already being spoken we shall not trouble the Reader with it onely the mans discretion at this time is observable how he speaks not a word of the false and scandalous reports which he had formerly published to the world against them Nor of the divisions which he had often made in the Army and severall conspiracies whereby to have destroyed the same There was also a printed paper given forth by him Entituled Fundamentall Lawes and Liberties of ENGLAND wherein is reckoned up r But why is not Monarchy in the nuÌ„ber of one of thes 28 here is a foule oversight for leave this out the rest are Adjectives not one of the 28 can stand of himself twenty eight in number The second of them is That the Supream Authority cannot be devolved upon any person or persons but by Election of the free people The third That yearly Parliaments to be chosen of course by the people is the onely Supream lawfull Government in England The fourth That all Officers and Magistrates of the Common wealth are to be Ordained and Commissioned by the Election of the people The sixth That the Parliament hath not Å¿ How much men are pleas'd and delighted with their fancies and dreams in their sleep This dreamer no doubt took a kind of delight in his fancies thinks he talks sence whereas were he not asleep he would not speak so irrationally power to continue their sitting above a yeare We cannot but admire that Mr. Lilburn should thus trouble himself and others about the Election of Parliaments and how long they should sit seeing as he states the case Parliaments signifie t Is not a Parliament a very little thing having not power to send for any one man in the Nation though an open Traytor or Rebell except one of their Members Besides is not their Power little seeing what Statutes and Laws they make may by a Iury of 12 men be contradicted and repealed little One would think he should have spoken more concerning the Supream Authority of his pretious Jury and have proved by Magna Charta or some other fundamentall Lawes that their power is arbitrary absolute unlimited But the truth is malice and pride hath so blinded the light of his reason as he knowes not what fundamentall and standing Lawes are being like Accius the Poet who though he were a Dwarfe yet would be pictured tall of stature so this ignorant man would willingly be reputed to have skill and knowledge in Lawes as to a distinction what is standing what changable notwithstanding in this very thing he is u Are not his Agents and others likely to be wel led who follow such a blind guide Iâ— is true he talks much of Fundamental laws but knows not what a standing law is according to the definition we will not use his phrases of pawning our lives venturing our necks yet this we dare say and will make it good that he never was able to define a standing fundamentall Law nor knows not what it is blind as knowes nothing All Lawes which may be said to be standing and fundamentall are grounded upon pure reason not upon Magna Charta or any former Parliament whatsoever For in reference to the Lawes which men have formerly made whether these twenty eight which he reckons up or any other they are not unto us standing or fundamentall otherwise then we see they are rationall proper and necessary to us and for us This is a standing and fundamentall Law Nihil quod est conâ—ra rationem est licitum Nothing which is against reason is lawfull Againe x Bod in de Reipub. l. 4. Nulla tam sancta lâ—x est quam non oporteat si silus populi postulet urgeatque necessitas mutare There is no law so firmly made but when the peoples safety and necessity require may be changed So againe Quod non est licitum in lege necessitas facit licitum And y And â—hat is a sure standing law Nihil quod est contra rationem est licitum Nothing which is against Reason is lawfull So then when we come to see that some former Lawes are against reason or it is against Reason that either the Election of Parliaments or their continuance should be as it formerly hath been the same as unlawfull things must be removed that rationall Maxim in reason Salus populi suprema lex est But now for Parliaments viz. by whom they shall be chosen and what time they shall sit For this we have no fundamentall Law which he understands Lawes that cannot be altered because such things are not grounded upon reason For here every Age and Generation of men are left free and to themselves both for the manner of election and the time yea a It came to the Question when this Parl. began to siâ— whether it should be cal'd a Parliament or no. and to lay aside all Parliamentary wayes and constitute some b Though men cannot dry up the River but the waters must and will runn towards the Sea yet wee often change their course turn them from one place to another Thus it is in point of Government There must be governmeÌ„t running down among the people like water but the cours of it may be chang'd yea and must bee when there is occasion for it As of late there was necessity for it other form of Government if they see it more conducing to the safety and good of the Common-wealth But here Reader thou seest not yet what lies at the bottom as the Serpent under the bush In the Reign of Edward 6. the Popish Priests of this Nation possessed the minds of the people that the State was about to put down the Masse and to stir them up the sooner to Rebellion perswaded them that the same by their d The Popish Priests and so Mr. Lilburn deales with ignorant people as the Spaniards did with the Jucalion Islanders when pretending to carrie them to a rich Countrey
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
State the 23d of the same Moneth in pursuance of an Order of Parliament of the 21. THomas Greene ſ Lilb could not choose but like this man knowing that he was as ill affected to the present Government as himself Simile amicum simile simile simile gaudet of Snow-hill Tallow-Chandler t Querie why this man was made foreman of the Jurie we cannot understand of any reason for it unlesse it were for being before others in malignity to the State Fore-man of the Jury being askt what the grounds and reasons were that moved him to find the said Lievt Col John Lilburn not guilty upon the Indictment preferred against him at the Sessions-House in the Old Bailey saith That he did discharge u Where a good conscience in discharging truly a mans duty there will be boldnesse and the person is not asham'd nor afraid to give a reason of what he hath done being called thereunto his conscience in what he then did and that he will give x It seemes neither he nor Mr. Lilb had any Law to produce that he was not bound to give the Coūcel a reason of their proceedings no other Answer to any Questions which shall be askt him upon that matter And being in particular demanded of him whether he conceived it not sufficiently proved that the Act whereupon he was Indicted was an Act of Parliament whether he was not satisfied that the Copy of the Act produced was a true Copy of the Act it self y It is reported of an old woman that she would always keep her hād shut Imagining that she had within the whole world which would fly out upon the opening of her fist But this man would not open his hand or rather his head as if there were any matter in it but lest the emptinesse nothingnesse within should appear or that the John Lilburn at the Barre was the John Lilburn mentioned in the Act And what other thing it was which moved the Jury to find as aforesaid the Examinant answered that he will give no other answer as abovesaid and desired that he might be no further prest therein And being further askt why he would not give an account of the grounds and reasons of their Verdict he said He would not doe it for reasons best known to himselfe MIchael Rayner of Friday-street Leather-Seller he saith that he was one of the Jury that Tryed Lievt Col John Lilburn upon Saterday the 20 instant and that he was summoned to serve of the Jury upon Wednesday was seven-night and did constantly attend in Court and upon the service untill the Tryall was over and that he was a If it be a thing which a man likes hath a desire to do he needs not be solicited he will be forward enough of himselfe in such a case not sollicited by John Lilburn nor any other on his behalf And the Questions mentioned in the foregoing Examination being askt him he answered That he was satisfied in the Verdict he gave in that Case and that he should give no other Answer thereto And being further prest therein he desired that a dayes time might be given unto him to b Here that saying is true Conseientia mordet quae pluris est quam mille testis Quae si mala est etiam insolitudine solicita est consider of it and he should give satisfaction to the aforesaid Questions He was further askt who advised him to make this answer to the Councell whereto he answered That the Jury were all of that minde and that they c Thus one sin draws on another And when mens consciences begin to smite them for the evill of their doings they are evermore studious and solicitous as how to excuse thēselv's and to keep shame punishment off whereas men doing things justly and honestly are not troubled about devising shifts put-offs agreed to give this answer at a meeting they had all together at the Windmill Taverne in Coleman-street this morning which meeting they had upon occasion of the Order of Parliament for examining this businesse And that he had notice to come to this meeting by one or two of his partners whose names he saith he doth not well know And being further demanded of him whether Mr. Scobell Clerke of the Parliament did not give evidence that Lievt Col John Lilburn at the Barre was the very Lilburn against whom the Act was made he said He did give that evidence and that he did believe he said true and that the Copy of the Act of Parliament produced was a true Copy but saith That d Here is somthing of speciall consideration seeing the Jury were told by the Bench that they were Judges onely of the fact wherfore they should be so insolent as to presume to be Judges of matter of law This particular needs to be look'd after for otherwise it may be exemplary and so dangerous in a little time he and the rest of the Jury tooke themselves to be Judges of matter of Law as well as matter of Fact Although he confessed that the Bench did say that they were onely Judges of the Fact He further said he was very unwilling to be of the Jury THomas Tunman of Cowe-lane e This man though he sels salt yet his words were not seasoned with salt witnesse his lying here against knowledg and conscience Salter another of Lievtenant Col John Lilburn's Jury who saith that the Verdict was not guilty And being askt the Questions in the first Examination he saith That he was sworne to finde according to the issue and evidence and that he did finde according to his f How durst he speak of conscience who at the very same time most grosly lies against his cōscience conscience and and positively refused to give any other Answer And did deny that the Jury aforesaid had agreed together to give one and the same-Answer to the Counsell or that they had met together this morning or at any other time since Saturday-night last untill they came to the Councell And being askt in particular whether the said Jury did not meet together this morning at the Windmill Taverne in Coleman-street g When Anthonie was fishing there lay one under the water who ūknown to him did put fish on his hook the which he threw up and thought he had catcht them This man little imagined how the Devill baited his tongue put one lye after another into his mouth which he threw out before the Coūcell But here wee see how God punisheth sin with sin he positively answered they did not IMmanuel Hunt of St. Sepulchers who saith he was one of John Lilburns Jury upon his Triall on Saturday last and that the Jury found him not guilty but his memory being short doth not well remember the issue He being askt whether it was not proved that the Prisoner was the John Lilburn mentioned in the Act saith h How could he be