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book_n	king_n	lord_n	write_v	4,820	5	6.0287	4	true

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A86094	Lieut. Colonel John Lilb. tryed and cast: or, his case and craft discovered. Wherein is shewed the grounds and reasons of the Parliaments proceeding, in passing the act of banishment against him, and wherefore since his coming over hee hath been committed to the Tower by the Parliament. Here likewise, is laid open the partiall, corrupt, and illegal verdicts of his juries, both the former and the later. Being to satisfie all those in the nation that are truly godly, and wel-affected to the peace of the Common-wealth: and to stop the mouths of others; proving, what is done in order to his present imprisonment, is according to the rules of justice and equity contained in the morall law of God, and nature, or sound naturall reason. Published by authority.	Hesilrige, Arthur, Sir, d. 1661.	1653 (1653)	Wing H1125; Thomason E720_2; ESTC R40953	178,723	190

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 Governmē have always given order that infamous writings should not be permitted such as aspersed the Governmēt tended to mutiny and factiō 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 eorūque 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● 〈…〉 ●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 ●d levyed the Army and Forces under the Command of Thomas Lord Fairfax ●d are at present necessitated by reason 〈◊〉 the manifold distractions within this ●ommon-wealth and invasions threat●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 ●ch h●ld of any to 〈◊〉 with their ●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 m●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 ●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

then finding his name at that Booke as the Author It was now for him to make his defence here was Testimony on the Kings part enough unlesse he could quit himselfe of the charge it self a proofe His name and hand was at the Treason so that it lay now upon him to make his defence to it A mans owne hand to a Writing yea if it be his name at a printed booke as the Author it makes the thing to be understood whether good or bad properly truly his For to this end are hands and names subscribed as to speak out a mans propriety and what he owns Neither is it necessary as to the certainty and truth of the thing that there be any other proof or witnesse If it be objected that a mans hand may be counterfeited and his name set to a Book as the Author whereas its neither so nor so We answer here Reason Justice and Conscience hath provided a good Remedie viz. by declaring that it is not his which ought in such a case to be admitted nothing appearing or proved to the contrary But for a man to set his name and hand to a thing and being afterward questioned for it then to call for Witnesses to prove that the name or hand is his it is most ridiculous the thing it selfe being proofe and e We grant that by law a man is not to accuse himself that is where no offēce appears there he is not bound to be witnesse against himself But a mans name to a Book as the Author is certainly a Witnesse And note it we say a witnesse either true or false so that a man is bound in this case to answer as to a witnesse or rather witnesses Neither doth he here accuse himself but either clears himself of a false Accusation or fals under a legall and valid proof witnesse enough as was said unlesse he now can shew reason to the contrary We observed before how Mr. Lilburn without the least scruple of conscience could have destroyed some men as so many Weasels and Poulcats In this our Conscience hangs not so loose as his For wee desire to walk according to the rules of Reason and Justice But should there be seditious Pamphlets and Papers dispersed abroad full of Treason and tending to the ruine of the Common-wealth with f Some thought that beause hee used to vaunt of his gallantry that hee would have scorn'd to have said I doe not owne a jot a line a word or syllable of any of them But rather would have said its mine and I will prove every jot line word c. John Lilburns name to them as the Author truly in such a case were we either his Judges or of his Jury and had him and those scandalous books before us we could without the least scruple of conscience think him worthy to be put to death in finding his hand and name at the Treason which wee take for confession he not denying it but g Note Reader how Mr. Lilburn is proved a Traytor by Cokes Institutes whom he so much extolleth he expresly saith where the party doth confess his offence or is mute as Lilburn was he shall have Judgment as in case of high Treason Instit l. 3. c. 1. p. 14. standing mute onely calling for Witnesses to swear the same to be his whereas the Act it selfe was proof and witnesse enough The law saith h Confessio superat omne probationis genus Bar. in l. Si Confessus de Cust Rerum Confession is beyond all other kinde of proofe Among other Insolencies of the Jewes done to Christ it is said i Luk. 22.64 when they had blind-folded him they strook him on the face and asked him saying prophesie who is he that smote thee Just so would Lilburn serve the Parliament and Army having k Note how he brags of this himself I gave them saith he such a cuffe under their other ear as I believe they will never throughly shake off the smart and pain of it whilst Cromwels beastly most grosse abominable tyranny lasteth As you were page 4. smitten them with his venomous tongue then hee asketh who did it who call'd you Tyrants Traytors Murtherers Vsurpers now here they must not say it was Lilburn for he hath blind-folded them as how with Magna Charta Cokes Institutes Littleton Plowden c. All which as hee hath cited them and applyed them were as a hood or vaile cast over the face whereby a Traytor as unseen might thereby escape without just and condign punishment 2. Neither alone was his name and hand set to the Treason as to be the Author but it was likewise proved by severall legall and sufficient Witnesses that Mr. Lilburn delivering a book with his owne hand to Mr. Pridiaux Attorney-Generall Entituled A preparative to a Hue and Cry after Sir Arthur Haslerig told him at the same time that the Booke was his and he would owne it and so much hee spake in the hearing of Coll West James Nutley and Edward Radney all which upon oath testified so much at his Tryall Beside Mr. Lilburn hath since in another Book openly declar'd it That Booke saith he was proved at my Tryall to be mine saving the Printers Errataes which are many called a Preparative to a Hue and Cry after Sir Arthur Haslerig Now in this Book which he owned acknowledged himselfe the Author the whole Treason whereof he was accused and laid to his charge is there maliciously or advisedly published by writing and printing c. For 1. there he expresly saith m There is a great mystery in M. Lilburns words we may not call it a Contradiction because possibly like the Vrchin he hath two holes or like the old Oracles can speak double In his Letter to Mr. Kiffin p. 7. thus hee writes I have in all quietness both publiquely and privately walked in all quietnesse and uprightnesse towards the Gen. and Parliament since I owned their Authority and neither directly nor indirectly medled with them to give them the least offence or to occasion in them the lest cause of jealousie of me of endeavoring to undermine their power and authority If there were no Parl. since the Kings head was taken off whē did this man own their Authority or when was it that he was so quiet This is so deep inextricable a riddle to unfold that we must confess our selves here Davus not Oedipus THAT THOSE MEN WHO SIT AT WESTMINSTER ARE NO PARLIAMENT either upon the principles of Law or Reason pag. 2. An illegall thing pag. 4. A Juncto or pretended House of Commons p. 16. Again in the same Book he confesseth himself to be the Author of the Impeachment of high Treason against Oliver Cromwel and Henrie Ireton Esquires pag. 2 3. 14 15. 21. 24. So the Author of another Book called the Picture of the Councell of State pag. 3. 24. Besides the Author of that false seditious and most scandalous Pamphlet called

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 discontēted 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 pernef●s right or wrong to have waved the principles of Reason Law and Justice they must of necessity here have found him guilty The ſ 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 Ch●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 Lilb●rn from Treason had they been in power and place would

have condemned an honest man for his faithfulness to the State affection and will then out of any sure knowledge you have of the truth of them For the rest of his Answer as calling the Lieutenant his professed Adversarie desiring that he might be called off from the Bench that hee had an action against him depending before the Judges at the Kings Bench c. So whether the Tower be not in Middlesex As these things are not capable of answer so we let them passe Only it is worth the observing how Mr. Lilburn here and so in the rest of his answer deales with his Jurie like the Clapwing or Plover who to put a man out of his way flies before him clapping her wings and making a continuall noise of purpose that he may not find out her nest So he useth many words sometime commending himself other while aspersing others but nothing proper or pertinent to the matter And to this end namely That the Treason which hee had hatch'd against the State as chickens of the Cockatrice eggs might not discovered 4. For the other Witnesses as Newcome Tooke Lewis Skinner Daffern c. By all these the Treason whereof he was accused was manifestly proved against him As the Lord Keeble at the same time well and truly declared For proof saith he z The words of the Statute Anno 13 Eliz. cap. 1. are No person or persons shall be hereafter arraigned for any of the offence or offences unlesse the same be proved by the Testimony deposition and Oath of two lawfull sufficient Witnesses It is true by the words of the Stat. two Witnesses are required but it it is not said that to every particular act of Treason there must be two Witnesses single or double or treble as some of them doe amount unto as witnesse in this yea that doubles another mans witness If I swear this thing and another swear the same and a third the same that is double upon all their Testimonies Again speaking to the a Querie whether the Jury knew the Law better then the President if so how it doth appear Jurie You are not bound affirmatively to have two Witnesses but one witnesse with circumstances concerning that is sufficient that which should prevail with you is to consider the strength of the Accusation And a little after I doe not know in one particular that there is a Testimonie single but it is aggravated with many circumstances And what he then spake was most true namely that the persons against whom Lilburn objected as to be single Witnesses they were as to the matter of fact or Treason layd to his charge double yea treble witnesses in b Querie If a Judg in giving directiō light to a Jurie shewes them what the Law is in such a Case and they notwithstanding regarding neither Law nor Reason do only what is suitable to their lust and will Whether the supreame power that is above them may not Null such an unrighteous action justly punish the wicked doers Law Neither could hee produce any thing out of Coke Littleton or any other where five or six witnessing one Treason in severall places committed but they are not single but joynt witnesses legally and formally though but one present at a time A man is easily perswaded to do that thing which he purposeth and hath a mind to doe That the Jury without examining the Fact or considering the Witnesses were resolved not to find him c So that it is apparēt these men either knew not or believed not that saying Victima haud ulla amplior potest magisque optima martari Jovi quam homo iniquus guilty it is as clear as the light for what Lilburn quoted out of Books was so falsly applyed as that every man which hath but common sense may see it 5. If we should goe over the particular Exceptions in his answer which hee took up against the Witnesses this would very much aggravate the injustice to say no worse of the Jurie that they should be led aside from the rules of Justice and Equity contained in the Morall Law of God and nature or sound naturall reason and that only by d As a Child will let goe a pearle if you put a Bable into his hand so these men were centented for Lilburns toyes and trifles to give up Law Reason and Justice wind and empty words To speak of some particulars which may seeme to have most shew of Reason 1. Concerning the Errataes mentioned by him what had the Jurie here to doe with them the Law saith e L qui habebat Ad Man Test D●ctr Error in sylliba non vitiat Actum mistakes in syllables excuse not Treason This businesse lay betweene him and the Printer and if there were more Treason published in the Booke then was in his f Querie how the Jurie could be satisfied that there were any Errataes in the book for hee was but a single Testimonie in this case Copie he might if he would have charged the Printer with it But 2. who could better tell then he what those g If some men should have made an Errata to that Book they would have advertised the Reader instead of Sir Arthur Haslerig that he should read Lieut Col J Lilb a wi● bloody and tyrannical person who by severall wayes hath attempted to murder and by base plots conspiracies and false witnesse to take away the life of the Gen. and others If i● had been thus corrected other things would have been tolerable and more true Errataes were and of what consequence as to the altering of the sense and therefore as it concern'd him and no man else to looke after that so it was a most absurd and idle Exception 2. As ridiculous is that which he speaks of his Books For any thing saith hee the Jury knows they may be post dated that is made and written before ever the Acts they are said to transgresse had a being O wit surely the man knew he had a Jurie for his own turn or otherwise would not have spoken so vainly For 1. The Books prov'd to be given forth with his owne hands witnessed otherwise as to the date or time 2. If such a thing had been so yet it would no way have help'd him unles he could have prov'd it 3. A Jurie is not to enquire after Iffs and Maybees but to look on the present Charge and what evidence and proofe for it Quae supra nos nihil ad nos and Augustine adviserh well h Melius est dubitare de occulis quam litegare de incertis l. 8. c. 2. de Trinit It is better to doubt of secret things then to strive for uncertain things 3. Neither is that lesse froath and vanity where he saith what he swears meaning Thomas Dafforn is to a fact done in another County and therefore his Testimonie is not worth a straw it s gone It s invalid in Law it