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A79829 The discoverer. VVherein is set forth (to undeceive the nation) the reall plots and stratagems of Lievt. Col. John Lilburn, Mr. William Walwyn, Mr. Thomas Prince, Mr. Richard Overton, and that partie. And their severall seditious wayes and wiles a long time practised by them to accomplish and effect the same. Namely, under the pretence and colour of libertie, and to take off the burdens and grievances of the people, a most dangerous and destructive designe is carried on to deprive the nation of their religion, rights, liberties, proprieties, lawes, government, &c. and to bring a totall and universall ruine upon the land. And so much is here clearely proved. The first part. / Composed and digested by some private persons, well-wishers to the just and honourable proceedings of the Parliament and Councell of state. Published by authoritie.; Discoverer. Part 1. Canne, John, d. 1667? 1649 (1649) Wing C438; Thomason E558_2; ESTC R205840 54,681 62

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●min sed tionis ansa praebit quia dum quicsc●re magistratus officia plebs vid●t nullisque legumse coercere r●p●gulis animadvertit ipsa sb● rapere gubernacula quidvis audere incipit contempto magistratu vel spe impunitatis concepta Frid. Wendellin Instit Polit. l. 3. c. 2. p 492. A Magistrate who hath discovered a Conspiracie and seemes fearfull to remedy it is as faultie as the Conspirator himselfe 4. They tells us they n Englands new Chaine second part pag. 14. want freedome and are in Chaines because the Parliament stops their mouths from printing Answ 1. Here we may use their own words That it is a sure and radicall Maxime in Law Nihil quod est contra rationem est licitum Nothing which is against reason is lawfull To which may be added p L●vim de sust sur l. scientiam §. cur ad A quid Against force and injury it is lawfull to use defence Likewise Licet vim vi repellere When Demosthenes would set forth the improvidence and incircumspection of the Athenians presented to them an innocent Foole who being smitten on the cheek laid his hand on the place where he had received the blow and being stricken on the other cheek did the like never using any of his hands to defend himselfe from further blowes Such Idiots and Silly-bodies they would have the State to be stand still and suffer them with their seditious and scandalous Libels to strike them as often as they please and through their sides to wound and destroy the Common-wealth But observe what they say in their own case q Overtōt Appeale pag. 3 4. It is a firme Law and radicall principle in nature ingraven in the Tables of the heart by the finger of God in the Creation for every living moving thing wherein it the breath of life o Overtōs Appeale pag. 3. to preserve award and deliver it selfe from all hurtfull things destructive and obnoxious thereto to the uttermost of his power If this be true surely then the Parliament should not follow a radicall principle in nature to suffer them to publish their trayterous and licentious Pamphlets seeing there is nothing more hurtfull destructive and obnoxious to the peoples safetie then the same 2. Such as prescribe Remedies against Conspiracies give this as the first and principall namely r Petrus Gregorius lib. 23. de Remp. To prevent and cut off if possible the occasion that it may not breake forth ſ Clem. Templ Polit. lib. 4. cap. 7. pag. 424. Initia seditionum quamprimum apparuerint comprimantur Where the burning of a house is seated there the smallest sparkles of fire are quenched to whomsoever stormes and tempests are dreadfull the first and least signes thereof are observed by them Now they are very ignorant in State-affaires who * Quicquid id est ●●m●● Danaos dona serentes Sic notus ul●sses Vir. Aeneid 2. see not that Books and Papers containing calumniations and falshood against Authoritie under what colour or pretence soever as for libertie and to have taxes and burdens removed are fire even wild-fire in a Common-wealth a storme and whirle-wind indeed enough if not prevented to burne and throw down all things and to prove this we need not goe further then the present example of these t As the fire-fly leapes and dances in the fire so it is their rejoycing to see cōmotions and stirres in the Land unhappy men 3. Men who have acted by the Principles of Reason and Nature knowing praevisa minus laedunt things foreseen doe lesse hurt have alwayes been carefull to stop the publishing of seditious bookes Hence u Plato l. 10. de Republ. Plato x Plutarch lib. de Civils administrat o●e Plutarch and the wisest of the Gentiles in their Models and Platformes of Civill Government have evermore given order that y Famosi libelli convitia contumelia detractiones publicae sunt a magistratu coercendae ut pax inter cives maneat Plato l. 11. de legibus infamous Writings should not be permitted such as contained calumniations and reproaches and tended to mutinie and division but the Authours and Promoters thereof punished Neither are there any Christian * Libellos famosos sive pasquillos magistratus spargi prohibeat eorumque authores disseminatores graviter coerceat Keckerm System Polit. l. 1 c. 22. p. 358. Statesmen but in their Republicks and Polities doe say as much And so much hath been ever practised by all States And in some of our own Statutes it is declared that a 5. Ed. 6.11 Whosoever by Writing shall affirme the King to be a Tyrant an Vsurper c. it is high Treason Againe b Philip and Mar. 3. 1 Eliz. 6. If any by Bookes Rymes Ballads Letters or Writing shall publish false seditious and slanderous things against the King or Queen his right hand is to be stricken off for it and if he doe so againe to suffer imprisonment during his life And here we may Reason from the lesse to the greater if for Writing falsly or seditiously against the King it be a crime deserving the cutting off the right hand or perpetuall imprisonment and to call him Tyrant or Usurper be high Treason by Law it must needs then in our understanding necessarily follow that to write the like against the supream Authoritie of the people whose power is greater then the Kings and their place above him is as high and capitall a crime y●● and by the same Statute deserves the like punishment The tru●h is it is beyond our apprehension how for words wri●●● against the c So have the Kings of England been servants Stewards and Ministers to the people servant the Writer by such a Statute shall commit high treason and yet the same words written against the d So is the Parliament being the Representatours of the whole Kingdome Master not found so by that Statute If Law be reason as it must be or else 't is no Law then thus speakes Law with Reason * Si id quod minus verisimile est verum est id etiam erit quod magis verisimile videt●r Pet. Fonsec Instit dialect lib. 7. c. 29. If that which is lesse likely be true then will that be also which appeares more likely That Statute which finds a man guiltie of high treason and justly condemns him for it for words against the infectour and lesser power that same Statute will finde a man also guiltie of high treason and justly condemn him for it for the like words against the superiour and greater power 4. Whereas they would helpe themselves by mentioning Stapleton Hollis the Prelates c. This is not tali modo but a Sophisme 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ad illud quod dictum est 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Because Pilate did not well in condem●ing Christ therefore he did ill to condemn the theeves But here we cannot but smile to