the very way and course whereby former Iâcendiariâs and Conspirators have used to effect the same is at thâs day and by this partie practised to a hair 4. In the last place we shall observe what they say d Manifâstation pag. 8. Could we have had any âssurance that what is d sired should have otherwise or by any have been don and had not had some âaste of the relinquishment of many good things what were proposed we should not have been so earnest for the doing thereof To which we answer 1. Howsoever the Parliament hath sate long and not so much don for publ ck good as hath been expected neveâthelesse this cannot be justly chaâg d upon the present House of Commons for it is well known the freedome and power which now they have it hath been but a little while in their hands neither have they been long in that capacitie as now they are to manage and settle the affaires of the Common-wealth whosoever therefore shall duly consider the shortnesse of the time the many oppositions obstructions and discouragements which the Lord hath brought them through and in what disorder and confusion things lately were what divisions in the Land and the many strong parties against them and lastly the many good things which they have don he shall see more cause to blesse God for his goodnesse and mercy towards us in preserving us from the snare and pit then to murmure or complaine against men bâcause this or that is not also don There may be no fault either in the Physick or Physician and yet the patient remaine longer siâk then he desires to be 2. For the many good things which they speake of we shall shew by and by what they are as the dissolving of the Councell of State breaking of the Army neglecting and loosing Ireland opening the Presse to all scandalous and seditious Libels and turning the Land into a wildernesse For other things which truly tend to the freedome and safetie of the Common-wealth the Parliament hath not Relinquished nor any one of them nor ever will but daily endeavoureth to free all men from all burdens and oppressions and no doubt as was said the Peoples Enlargement and Comfort this way would be much the sooner were it not for the conspiracy and sedition of those men 3. As delayes are dangerous so sometimes hast makes wast Festina lente was Augustus Emblem Great stones are not laid in the building without some time and great labour because of their weight but once placed remaine long Charles King of Naples was surnamed Cânctator Delayer because he stayed till opportunitie was past But Fabius the shield of Rome was so called because he onely stayed till opportunitie was come From Generals we come now to a more particular Dij veriâ Till we saw their Manifestation we could not well tell nor hardly guesse what for men in many things they would have the world thinke them to be There indeed they e Manifâstation pag. 6. professe that they beleeve there is one eternall and omnipotent God the ââther and preserver of all things in the world And denie to be either Atheists or Antiscripturists But what Athieist for advantage and to serve his own turne will not professe as much and more too f Valerius Max. l. 9. Demosthenes being asked what in speech was most effectuall answered ãâã ãâã ãâã ãâã ãâã hypocrisie and being demanded the second and third time gave the same answer Whether there be not hypocrisie here in their speech Let these things be noted 1. It is asserted by them that g New Law of Righteousnes pag. 64. Truth lifting up his head above scandals pag. 2. Reason is God and out of this Reason came the whole Creation 2. The h See Overiös booke concerning this thing immortalitie of the soule they flatly deny and scoff as such people as beleeve the soules immortalitie 3. In the Levellers Creed there is no Jesus Christ no conception birth life death buriall resurrection or exaltation of such a one l New Law of righteousnes p. 98 99. 1â1 No heaven nor hell No Angel good nor had No resurrection of the flâsh for to take it so in the letter they say is a dreame of our Preachers 4. k New Law c. p. 97. All that we call the history of the Scripture is an idol for there is no other Adam or Christ Cain or Abel Abraham Isaac Jacob Moses Canaanites Amalekites Philistims but what is seen and felt within every man Hence they say l New Law c. p. 78. the publick Preachers have cheated the whole world by telling us of a single man called Adam that killed us by eating a single fruit 5. By their Principles men must leave off m New Law pag. 112. all teaching and instructing each other n Ibid. p. 115. There is no use of Sermons Sacraments or prayer o Ibid. 82. Preachers are the curse and the spreaders of the curse standing ponds of stinking water yea p Ib d. 135. 138 139. 141 142. the zealous Preachers are no other then Scribes Pharisees Judas Traytors Witches Sorcerers Deceivers q Ibid. 115. They and the people joyning together in publick worship is an abâmination r Ibid. 121. 138 Gathering Congregations Church-fellowship and all outward formes this say the Levellers is to betray Christ into the hands of flesh a deceit of the Devill the Government of the Beast Antichristian captivitie and t is to be under the tyrant flâsh a new bondage a wrapping men in confusion the mystery of iniquitie and onely to hinder Christ the great Prophet from rising It hath formerly been held that Å¿ Prospera âueniunt colentibus deos adversa spernentibus Liv. lib. 5. Religion and the true worship of God is much for the safetie and prosperitie of a Common-wealth and mens t Rel gio neglecta aut proâapsa traxit semper râmâ secuÌ trabit Lipsius Polit. notae in c. 3. pag. 4. departure from the practice thereof and falling to hereticall atheisticall and blasphemous wâyes brings Gods curse and plagues upon a Nation and indeed the Heathens thought so too u Dom. lâa negle ãâã dederuât hesp riae maia âuctuosae Hoâat When God is neglected the Land is corrected Into what pernicious and damnable errours these men are fallen and daily seek to draw others what heart without breaking almost can thinke thereof and so much the more because God is highly dishonoured and exceedingly provoked to wrath and the whole Nation for it suffers bitter things There is a Citie called Zaiton in India where they bring hot meats to their Idols feeding their dumb-gods with the smoake and eating the meat themselves Whatsoever these men professe concerning one eternall and omnipotent God yet they serve him just as the Heathens do their idols give him no meat no worship service or religious dutie all that he hath from them is onely smoake and fitly may
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 Rom. 16.17 18. Marke them which cause divisions and offences contrary to the doctrine which yee have learned and avoyd them For they that are such serve not the Lord Jesus Christ but their own belly and by good words and faire speeches deceive the hearts of the simple 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 LONDON Printed by Matthew Simmons 1649. THE AUTHORS To all the well-affected People of this NATION AS no Nation hath met with more dangerous enemies and against whom greater sorer and deeper designes and plots have been attempted for the ruine and destruction thereof then against this Common wealth so all things duly considered there is no people under Heaven unto whom the Lord hath vouchsafed greater deliverances And aâ we thankfully observe the good hand of the Lord going alwayes along with us so we are perswaded from the feeling experience of former mercies that he will never leave us untill he haâh perfected his good worke marvâilously begun in the Land And howsoever we know the Almightie God without men or meanes is sufficient to carry on his own worke and to effect the same when and how as it seemeth good in his fight Neverthelesse we take our selves bound in obedience to him and of tender-respect to the Nation both to foresee the danger and to provide all seasonable and lawfull helpes for the timely prevention thereof Now whereas among other Artifices and cunning courses whereby this Generation of men going under the name of Levellers have corrupted and deceived the minds of people and drawn them to disaffect the present Government and to make Commotions and hurliburlies in the Land One main and speciall way hath been by spreading seditious and scandalous Bookes wherein are many faire pretences of Libertie freedome safetie c. with much regret tendernesse and fellow-feeling of the Oppressions Burdens and Taxes of the People This being so and a thing well knowne to us wee have thought it necessary whilst the Parliament and Councell of State are imployed with the great and weighty affaires of the Nation to doe something in the like way of writing thereby to undeceive the People by a ãâã plaine and full discovery of the deceits and falshoods of these man and that it may most evidently appeare to all judicious and rationall People that wheresoever in their Papers and Pamphlets they most shew themselves to be lovers of their Countrey and professe greatest desire to have all things well setled even there under Good words they meerely deceive the simple and carry on a trayterous designe against the peace freedome and safetie of the Nation And wee have the more hope that this worke will doe much good in the Land because there is nothing here produced upon hear-say or taken up as a report from others howsoever much could be spoken this way and for their proofe it is little else but all out of their own Bookes which are extant and in many mens hands so that what conspiracie sedition treason or other mischiefes are here discovered and charged upon them themselves are brought in even their own mouths and hands as witnesses For the rest which is to follow as we have promised it so we shall further the expedition what we can For the searcher of all hearts doth know our sense our sighs and deepe apprehensions that any honest and simple hearted should be mis-led and ensnared by such pernicious men But as for such as are thus single and sincere we make no question but by comparing things with things they will now see a great deale of seditious plotting and conspiring against our Religion Lawes Libertie c. which before they saw not because covered with the specious pretence of seeking to settle the Common-wealth upon Ground of peace freedom and safetie The Discoverer Wherein is set forth to un-deceive the Nation the real plots and Stratagems of Lievt Col. John Lilburn Mr. William Walwyn Mr. Thomas Prince Mr. Richard Overton and that Partie And the severall seditious wayes and wyles 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 Common-wealth a most destructive designe is carried on to deprive the people of their Religion Rights Proprieties Freedome Lawes Government c. and to bring a totall and universall ruine upon the Land And so much is here clearly demonstrated by reason and proofe abundantly The First Part. AS all vices use to clothe themselves with the habits of vertues that under those Liveries they may get countenance and find the more accesse in the wârld so especially in a Common wealth Treason and Sedition doe commonly present themselves under this colour and cloake taking up the Politick pretence of Native birth right common freedome and safety as a weapon of meer advantage whereby ambitious discontented and self-conceited men use to make Commotions and Mutinies and to disturbe if not destroy the present Government And this is well knowne unto all men who have any knowledge in Historie whether humane or divine ancient or modern forrein or domestick that under the plausible sweet and much taking name of a Palam speciosa praetâxunt nomina âberâ aââm pââae se sâânt âurum e invâ umââ v. tutis âugum detestantis Frid. Wendelliââârtir Polâ l. â 2.2 The. 8. p. â94 LIBERTY with crying out against Tyranny Aâbitrary power Taxes Oppressions c. Many pernicious plots have been cârried on to the great hurt and prejudice of the whole Nation yea and unawares many honest and well-meaning people have been brought into a snare and pitâ Like thou who followed Absolom in that unnaturall conspiracy against his father b 2 Sam 1â 11 in their simplicitie and they knew not any thing Thus the Pazzians at Florence to draw the people to their Conspiracy c Histo y of Flor and Ven. Cryed out in the Market-place Libertie Libertie although indeed it was to bâing them from freedome to very sl very So Munzier seeking the ruine of Germanie and to raise himselfe aâd his Confederates out of the dust and ashes thereof laid this down as his principle d S e den
of the Councell of State pag. 14. to declare and protest against the same yea to move o A Declaration of the free Commoners of England Souldiers as well as others to rise up against the Parliament men as so many professed traytors theeves robbers and high-way-men and to apprehend secure and bring them to Justice in a new Representative And all this for no other cause but because such things are not don which at the present they cannot doe yea more for such burdens and sufferings which by their occasion and meanes are necessarily increased and continued in the Land 3. Whosoever shall peruse their Pamphlets shall see that they alwayes speake hâgh words and give out the reproachfulst termes and vilest expressions that ever mouth uttered Even as the swine spareth not his mouth from any filthy and uncleane thing so they spare none whatsoever their worth place or deservings be if they stand in opposition to their designe they are Tyrants Nimrods Beasts Beares Wolves a pack of fawning and dawbing knaves The Parliament for seeking to suppresse their treacherous and dangerous plots are said to be p Picture of the Councell of State second Edition p. 14. 17. the greatest Traytors that ever were in this Nation a dead and stinking carkasse a factious company of men treacherously combined together to subdue the Lawes libertie and freedome of England Greater Tyrants then ever the King was or that cruell Tyrant Duke D Alua bloudy Queene Mary in comparison was a Saint to these men q A Declaration of the free Commoners of England All their Votes Orders Ordinances Declarations and Acts or that hereafter they shall passe they declare and protest against as not binding to the people It is farre from our purpose to render evill for evill or rayling for rayling to undeceive the people by a plaine and true Discoverie of them Is the thing we onely ayme at And for this end we desire it may be here observed 1. It hath been the common practice of such men formerly wanting Reason to use Rayling as froward men in suits of Law when their case fails endeavour to piece it up with rage and passion Or like Cocks feeding upon garlick overcome others with ranknesse of breath not with strengâh of body 2. Although there have been in all ages some who have despised dominion and spake evill of dignities yet we may affirme it with all confidence that there is no president or example of any who have been formerly so immoderate and such excessive raylers against the highest and supreame Authoritie of a Nation as these men are When people are sincere and are indeed against all tyranny and oppression and for Common-right freedome and safetie God is with their mouth and gives them what they shall speake and it is âot his manner to leave âhem to such a sinfull and most abhorred course There is a Beast called Dâron being pursued and seeing no way to escape by a naturall craft casteth forth her dung against the hunters following her and so hinders them from com ne neer by reason of the corrupt smell and stink thereof It would be a pretty devise if these men against whom the Parliament is now proceeding couâd by casting forth reproaches and vile slanders escape out of their hands 3. Howsoever their accusa ions are heavie and many yet their proâfes aâe still light and few usuâlly ât is r Jâstin Insti l. 1. Tit. 10. Dom sticum Tâstimonium or hearesay or their own suppâsing grounded upon no likelihood or probable Reason at all or whatsoever is produced for proofâ relates not to the matter for which it was brought and whosoever reads ouer their papers shall finde their dâââng to be thus every where These men pretend much skill in the Lâw now the Lâw saith Å¿ Proâat ones debâââ esse luce claââorââ L. Sciant C. Proofes ought to be clâârer then the noon-day t Tâstes singularât non probânt Single testimonieâ prove nothing u Testis deponens de auditis non p âb t. I witnesse d pâsing upon hearesay is no proofe x âestis debet deponere per corporis sensum non jud câum intellectus l. Tâst â l. qu Teâ ãâã sect Aâ F. dâ Tââ not what a man thiâkes but knows stands good in Law It is a true saying y Nâcâns esse âeâo pa eât si ââusasse sâff ââet None should be innocent if it be enough to accuse How weak uncertaine improbable yea most untrue their proofes are wee shall shew hereafter to the full But 4. this reviling men in authoritie and to caâl them tyrants traytors theeves murderers c. is an old State-destroying Stratâgem Mutineers and Incendiaries have made much use of it and had great advantage by it Machiavel himselfe hath it and for exâmple instaâceth one Mââlius Capatolinus who being overcome with envie and not able to endure the honour and renown given by the Citizens of Rome to Furius Câmelus for his valour and good service addresseth him else to the Common people as well knowing their temper a Mââic paâe vââeus proruÌ ad susp tââes Tac. Hist 11. Prone to suspition b Vulgus cujusque motus novi Cupidum Tac. 1. hist desirous of every new motion c Non dilectu aut sapientia ducitur od judâcandum sed impetu eâ quadam âtiam temeâitaâe Cic. pro. planc and to judge things headily and rashly and amongst them gives out many slanders and falshoods against some eminent and chiefe men as to be Traytors Tyrants Theâves c. Whereupon the people run together make head and fill all places with tumults and uproares and no dâubt greât mâschiefe would have followed had not the Senate created a Dictator who by examination sound the treacherouâ conspiracie of Manlius So againe speaking of Florence his own Citie * Mâchâââls Discourses li. 1. c. 8. Such men saith he as had served the State best and been imployed in the greatest affaires were most slandered of one they said he had robd the Common treasure of another that he had not performed his trust in the Armie of another that through covetousnesse and ambition sought his own Interest hence grew hatred thereupon division from division to faction from faction to ruine And a little âfter And this course saith he namely to raise up false reports against men in authoritie is a ready way whereby many doe serve themselves as steps and helpes to their ambitious endâ For being to encounter with pâwerfull men they make the people their friends by telling them they will take their part against the Tyrannicall Vsurpation and Incroachment of Great ones and procure their Rigâts and Freedome out of their hands If we compare time with time and things with things we shall finde that saying most true There is nothing new under the Sun as the plots conspiracies and treason of men now are the very same with what formerly hath been so
there did precede an assent from all the people Here is a cloake so thinne that a man may see thorow it As if these men did not know and love Figures though they are ignorant of other learning and generally hate it All must be understood restrictively that is the * So said the Levellers in Germinie Se ad egeââs potissimuâââ abjecter fortis homines submisses profiteri Spanhem dispââ poore Commoner for rich man and such as have Lands and Estates and claime a proprietie in things they doe declare and protest against for having ãâã raised tyrannie oppression and crueltie upon their fellow-brethren and free Commoners of this Nation Now who makes question but this ALL will assent to an equalling of ââns estates and taking away the right and title that every man hath to what is his own And then as the Law saith Fundamente deficitate omnia ruââât And England may say with the a Venit summa dies in eluctabile tempus dardaniae suimus Troes fuit Ilium ingens gloriae Tenerorum Ferus omnia Jupiter Argos transtulit incensa danai dominantur in uâbe Virgil. Aeneid l. 2. Poet Englands fearfull fate is come this day 's our lost We once were English and faire this Iland was But Englands glory now her joy and blisse iâ goâ Our Countrey ruin'd by Levellers all 's undon In our Discovery we shall now in the next place take notice what these men say of themselves for their peaceablenesse as to reconcile differences and to heale all breaches on all sides b An Agreement of the People p. 1. Wee blesse God say they our Consciences are cleare from adding affliction to affliction having ever laboured from the beginning of our publique distractions to compase and reconcile them and should esteeme it as the crowne of all our temporall felicitie that yet we might be instruments in procuring the peace and prosperitie of the Common-wealth the Land of our nativitie Besides their Agreement in rendred as a Peace-offering and this Scripture especially they assume to themselves and apply it to their practice Blessed are the ãâã makers Iâ this be so what meaneth then this bleating of the ãâã our ears and the lowing of the oxen which we hearâ ãâã comes it to passe that all Countries are full wâth their âââââracier and their worke hath still been to make division betwâââ partie and partie which cannot be denied for then ãâã prove it 1. To stirre up the people every where against the ãâã they say that c Picture of the Councell of State second Edition p. 13. the faction of a treacherous partie of Officers of ãâã Armie hath twice rebelled against the Parliament and broken ãâã to pieces Now here let it be observed that none in the ãâã did more violently presse and urge the Armie to what they ãâã this way then themselves and after it was done they shâââ great discontent that they were d A plea for Common Right and Freedom pag. 2. condemned in their ãâã endeavours for purging the House of these corrupt Members that ââted the King to London and denounced warre against you For ãâã Contradiction here we let it passe as but a more in their ãâã their treacherous and seditious designe we shall onely to ãâã First that the Army may engage they shew the necessitie of ãâã thing that e The Juglers discovered pag. 10 11. Mr. Pellams Juncto blades are usurpers of Par ãâã ãâã power a factious treacherous Juncto traytors and enemies to ãâã Countrey and the trust reposâd in them by whose illegall pretended and unbinding votes a new warre was de facto raised and ãâ¦ã the Kingdome to the visible hazard of the raine and utter destrââââon there fit to be severely punished and not fit to be continâââ ãâã longer as Judges in the Kingdome or their own cause Hereupââ advise them to presse vigorously for the totall purging of the Hââse and not to let the Parliament-men goe free without punishment ãâã it would be the greatest injustice that could be acted in the world that so there may be way made for the exemplary punishing of the ãâã Mayor of London and all the chiefe Ring-leaders actors in the ãâã desperate and treacherous ingagement This being don according to their own desire they afterward reproach iâ and terme the very same thing the faction of a ââââterous partie of Officers of the Armie rebelling against the Parliament c. of puâpose to flatter the Malignants and Cavallierâ and by collouging with them to move them to sedition Wââ shall not call this a Machiavillian or Jesuiticall plot for it s too grosse onely it shewes how desperate they are as not caring what they say or unsay so it he for advantage and to serve their own turne 2. How busie they have been in the Army to raise sedition and mutinie amongst the Souldiers it is well known neither hath there been any remarkable distraction or division therein but by their meanes and surely had not the pâovidence of God wonderfully appeared they had âre this time broken and scattered the Army by their falshoods and vile aspersions they have acted by that Principle Make division and get Dominion If a streams be divided it is weakened and it will not be âavigable when it is cut into many rivers We could give many Instances of their trayterous working to cut the Army into many parts and that constantly and in all places through the Land Besides their Pamphlets and Libels dispersed amongst the Souldiers speaking thus f Jâââââ ãâã covered pag. 1â Those proud hypocriticall Officers that are amongst you that are against * That is against the âââvâlling mentioned before Freedome and would doe the worke of the Lord by baâes put them off and choose honester in their roomes * This is spoken to the private Souldiers that they rise against their Officers and the onely way is to take downe their great pay let them serve as you doe Againe g English Souldiers Stândârd pag. 9. Suffer this and suffer any thing experience shewes he that takes one box on the eare invites another and when Souldiers that should be ãâã in all things stand still and suffer their fellow Souldiers to be thus abused by a pack of Officers no marvaile if their Officers turne Tyrants presume to doe any thing to any man And a little after If you be wise march not out of London nor undertake for Ireland or any other sââvice till there be set up a new Representative of the Army These are the men that would be Instruments so procuring the peace and prosperitie of this Common-wealth and call themselves Peace-makers Whereas no Malignant can shew selfe good will to the Land or doe more trayterously to bring ruine and misery upon it Neither is Mr Walwyn beâânde-hand in this worke He likewise calls upon the Souldâers to mutinie for he knowes h Concordia minima res crescunt discordia maxima dâââtuntur
omnibus vindicondum esse quod ãâã esse deus voluerit ãâ¦ã and destroyers of States have alwayes said They have pââââsed as in the presence of Almighty God that all their enâââvours should be for Religion freedome peace and prosââââ of the people by removing tyrannie oppression cruelâââ ãâã yea a Muntzaâis aperte profiteri capiâ se divino mandato excitum tum magistratibus impiâ ãâ¦ã dis tum mutando regimini politico given out as if in a speciall manner they were called ãâã to such a worke but their hypocrisie and treachery hath ãâã discovered and the Lord laid a sensible and visible judgâââââ upon them for it And 3. That the fire which they have kindled in the Aâââ may burne till all be consumed they have now lately found ãâã a notable devise namely to keepe away the water whereby iâ might be quenched No otherwise then as a Thiefe who maâing with a traveller well arm'd and perceiving himselfe tââ weake for him would perswade him that his weapons are ââlawfull and therefore should lay them down and this he doth purposely to rob and kill the honest man So these men would perswade the Army that b The Peoples Prerogatives pag. 53 54 55. c. The hunting of the Foxes pag. 18. there is now no Marshall Law but ãâã is absolute murder in the Generall and Councell of Warre to put any Souldier to death for any crime or offence whatsoever c A Letter written to the General from Lieyt Col. John Lilâurn Mâ Rich. Oââton April 27. 1649. and thââ Souldiers onely are punishable in the Courts of Justice and according to the Lawes and Statutes of the Kingdome so that the Coâââcell of Worââ hath no more right to inflict Justice then a thiefe or robber hath to a purse which be takes upon the high way But wherefore is all this but for this end viz. when they have wrought sedition and treason in the Army there may be no meanes course or way sound out for to stop the bâââch till all be lost scattered and destroyed Here we shall againe passe over their d In a Booke Entituled A plea for Common Right presented to his Excellency Decemb. 28. 1648. pag. 5. There they approve of the Commission Officers and Marshall Law onely desire something to be amended grosse Contradiction as saying and unsaying one while justifying another while condemning the same thing for advantage and to serve their own turne Neither is it worth the while to mention their e At no mercinary Souldiers and yet take pay no States Army yeââan Army Ergo it must have Law Marshal 2. Raised by the Parliament and for the Parliament Peoples Prerogative pag. 57 58 59. Non-seâie at obsurdities and childish passages concerning this thing There is enough said by themselves even where they speake most against Marshall Law to justifie the Armies proceeding by Marshall Law and out of their own mouth to condemn themselves of ignorance or malice or both For observe every Reader that hath sense Their ãâã and grand Objection is Thus no person ought to be judged by Law Marshall except in times of Warre When there is no burli-burlie in the Kingdome no professed or declared enemy against the peace thereof ready to destroy it with fire and sworn but all things are peâââble and quiet c. Marshall Law is not lawfull Hence we gather not as Petitio principii but argumentatio exconcessâ as they use to say the lawfulnesse of Marshall Law by their own Grant For seeing they make burli-burlies in the Common-wealth and declare themselves enemies unto peace are Inâândlarâââ and Mutiners every where seeking by fire and sword to ruine all things of necessitie there must be Marshall Law their seditious acting is enough to warrantie and had we no other apparent enemies âut They it would sufficiently prove that there is no Act or Statute which doth prohibit the same in this very case All that they say may be framed thus If Marshall Law at sometimes and as the condition of a Kingdome maybe is not to be execâted âhen is not Marshall Law at any time lawfull in what condition ãâã ease soever the Kingdome be such reasoning and theirs is all one Besides it âââost evident that they understand ãâ¦ã Marshall Law is for if they did they would not spââke ãâã âoâântly of * Note that there is no Statute which prohibits Marshal Law to an Aâmie that hath been in service and once used it so long as the State hath upheld it and stood an Army formaliter Sââtutes prohibiting the âsââherââf conâââââ Marshall Law is grounded upon pure reason a princiâââââture and common to all Nations it ãâã âssentiall âo an ãâ¦ã hath it s proper rise and residence there and so cannot ãâ¦ã away as long as it remaines a formall Army and ãâ¦ã execution should be hindered yet the right and power of âââshall Law an Army alwayes hath Now the Law saith f Nââââââjuria sââââ qui jure suo âââtur L âroralus L. fluminum de damn infect ãâ¦ã jurious to none who makes use of his own power and right 4. Howsoever hitherto they have acknowledged the Pââââment to be g Englands new Chaâââ pag. 1. The hunting of the Foxes pag. 25. the supreame Authoritie of England yet now ãâ¦ã they deny it and title them h The Picture of State Second Edit pag. 14. The Gentlemen sitting at Wâââââster And because they perceive there are many in the Land âââmies to the Parliaments proceedings to âncoââââ ãâã such in their malignancy and to helpe forward ãâ¦ã and trayterous plots they have in hand against the pââââ ãâã safetie of the Land they joyn with them hand in hand ãâã ââclare themselves to be the chiefe Incondiarius and the ãâã of conspiracy perswading others as one ãâã to riââââ ãâ¦ã Parliament and as so many professed traytors ãâ¦ã high-way men to apprehend sââure and bring them to Juâââ ãâã new Representative Theââ i John Lilburn semper idem Contradictions we still let passe we shall onely âver to the Nation the Reason oâ cause wherefore it is ãâã Parliament which is called by them the supreme ãâ¦ã England and say We own this honourable House ãâã of right ãâ¦ã true Guardians of our Liberties and Freedomes * Lievt Col. Jo. Lilburne speech at the end of Englands new Chaine In a ãâ¦ã is said to be absolutely degââââated into pure tyranny and thereby ãâã lost the essence and soule of authoritie and are ãâ¦ã âing carkasse and all their commands to be contâââââ ãâ¦ã illegall in themselves Take notiââ they were pâââpon this of ââcessitie For considering what they had trayterously ãâ¦ã acted against the Parliament to acknowledge thââ is they ãâã before the supream Authoritie of England the Râpââââââ of ãâã people in Parliament assembled they became by their ãâã aâknoâledgement actuall Traytors and Rebels against ãâã Stateâ and therefore perceiving so much they doe recall it as not having don any
light away and darknesse must needs follow Remove men skilfull and expert in the Law and there will be no need to bring in absurdities non sence fooleries for these things of themselves will flow fast enough and over-flow the Nation Againe that men should be excepted against as uncapable to be members of any Civill Court or Councell of State because Judges of the Law it is an objection we are confident never before heard of or propounded by any one What may be objected in regard of personall unfitnesse is one thing but a Domus Juris-consulti est totus Oraculum civitatis Cic. 1. de Orat. ãâã ãâã ãâã ãâã ãâã Ad salutem civium civituÌque incolumitateÌ vitamque hominum quietem beata conditae sunt leges Cic. 1. de leg in reference to his profession Quatenus as a Judge of the Law and therefore unfit it is the most sencelesse thing that ever was uttered It is no otherwise then to make a man unfit to take the charge of a Ship or to be appointed the Pilate or Master because he is a skillfull and experienced Sea-man 3. Treasurers of money And why not It will be time enough to give a farther answer when we know the cause and ground wherefore such are excepted against In the mean while we entreat the Reader to observe one thing usuall with these men which is to mention many things but not at all to the purpose for which they bring them Onely amongst the b ât is a Cannon amongst the Papists De judicio summi Pontificis disputare non licet Gratian decret pars 2. caus 17. Quest 4. cap. si quis nomini If some people did not walke by such a blind rule they would see such froth and vanitie in these men Wâllângs as they would reject them for shame ignorant whom they seeke to beguile they thinke it is enough if any thing be spoken because they will âot or cannot consider the impertinencies flashes and nothings which they finde in their Papers Their fourth Exception is against Members of the Lords House and some of thâ House of Commons âorward men in the Treatie and decliners of the last proceeding concerning the King and Lords To whâch we answer 1. These give occasion here of verifying that Proverb a âer hath need of a good memory The Parliaments proceeding with the Kââg is one thing against which they doe c Englands nâw Châiâe sâcond part ââg 17 18. protest and yet in this place dâe blame others for decliâing it thus the thing which in themselves is a vertue and good the very same in another is a vice and a fault So that they are not in practice like a Ship in the midst of the Sea but rather run like Cart-wheels easily to be followed by the fâule tracts of * Note none called more upon the Parliament for Justice against the Earle of Cambriâge the Earle of Holland the Lord Câpâll then this partie and acted more strongly for the accomplishment and when it waâ don to complâe with the Malignants and to imbitter their spirits they say it was dân for no oâher end but to make way for tâeir aâsolute Dominion Englands new Chaine seâond part ââg 17. contradiction falshood and hypâcrisie 2. They are here at their old game to make division between the Parliament and the Councell of State you have heard before how they have been every where else and something they must doe likewise here for nothing is more grievous to them then to see an accord and union between our Rulers Neiâher doe they regard to play the hypocrites before the world so they mây thâreây raise contention But the truth is their wiles and wayâs now are so palpably grâsse as there is little feare that any hereafter will be deceived by them unlesse it be some of their own faction or * We meane the Cavaliers such as seeke to take advantage by their treachery to bâing to passe their own designes But 3. there are âone âf the Lords House neither of the House of Commons Members of the Councell of State which did any thing in relâtion to the Treatie or declined that last proceeding but doe rest satisfied in what is don are reall cordiall and true to the Land and clâze unanimously with the rest for common good and therefore tâeir scrupling formerly of some things doth no way disâblâ them from the present service of the State especially having been approved men knowne to be faithfull and of right and good Principlâs Indeed had they been Levellers restlesse and treacherous and sowers of sedition there had been just cause of exceptiân against them but being men altogether of anâther spirit peaceable and Peace-makers it was well they were chosen for nâ doubt through Gods blessing on their labour muâh prâfit and comfort will follow 5. They except against such as were Judges in the Star-chambâr and approvers of the bloudy and tyrannicall sentences issuing from thence Answ We shewed just now that it is d If the Reader desire to see this to the life let him observe their Booke entituled The picture of the Councell of State Wherein they have blotted foure sheets published two Editions and not one word from first to last which comes neere the matter to which they should have spoken and so much we shall manifest presen ly all one to these men whether there be something or nothing in their Writings for to a simplician a superficious and shallow Reader there is no dâffârence or distinction made sense or non-sense reason or rayling all is alike Can there be imagined an exception more light irrationall groundlesse For what if a man had been a member of the High Commission Court or of the Popes Conclave this could not be any just barre whereby he should be disabled from any future office place or imployment if nothing else did appeare and the person otherwise in every respect fitted and qualifiâd for the worke Thus we have answered their Exceptions and vindicated the Councell from their Calumniatiâns One thing yet remaines which concernes their Booke Entituled The Picture of the Councell of State Here is a fit place to discover the vanitie and folly of it especially so farre as the Councell of State is any way concerned in it And here in the first place we shall desire the Reader to take notice of the originall and moving cause wherefore tâe State apprehended them Not onely had these men a long time to the certain knâwledge of thâ Councell of Warre attempteâ e We hâve formerly in pârt manifestâd so much to w th shortly a mo e full and large Diâââvâry shall be aâded of their trayterous dâsignes to bââake the Armie by severall wayes to make divisiân in the Armie ând likewise by the Parliam nt were look'd upon and that for many reasons to bâ gâeât Iâcââdiaries men most dângerous and seditious but withall had mâde a trayterous Booke and spread it abroad and sought
to draw others into the Conspiracy with them clearly tending to the losse of Ireland and the utter ruine of this Nation by a nâw warre This being known and the greât perill and mischiefe apprehended the Parliament thereupon an f PeââaruÌ irrogatio tam âât cânsââvandae Râp âeâessariâ âuam est coââaâibus Chiruâgââi sââtio initio quâââ utilitas mâxima cum plââmâ sine ad âxâââum pârâinât âli à faââriâis dâââ reaââr Reck Poâl 1. fit they should and high time it was gave Commâssion and Order uâto the Councell of State for the apprehending and securing of these mutineers The Councell accordingly appointed some Officers of the Armie to see the Parliaments command exâcuted and bâcause it was well known that there were some seâiâus people in aâd about the Citie confederates with them and ready to make any hurli-burlie and commotion it was thought the best and safest way to prevent tumult and other iâ cânvââââce to apprehenâ them in the night the which being done and the ãâã brought before the Councell it was there shewed them by the Lord President by what Authoritie thây were sent for and the reason why Unto which their Answâr was required And thus much in briefe for the occasion Now for their Answer if it be obseâved either what they spake to the Councell or is contained in their additions since with the many quotations of Statures and marginall notes it amounts to just nothing for fiâst iâ pag. 3 4. there is onely a frivolous relation as when and how they were apprehended and by whom from pag. 5. to 17. Whatsoever carries any shew of something it is thus and nothing else Wee are Englishmen and so in a legall capacitie to claim the utmost punctilio benefit and priviledge that the Lawes and liberties of England will afford to any man in the whole Nation Wee know not what to make more of you then a company of private men being neither able to own you for g It is published by themselves that the L. Presidet did not aske them any question as in way of tryal so as to proceed in Judgment but to report it to the House In which words howbeit but few there was enough said to justifie the Councell and to shew their ignoâaÌce that they should not observe them as to speake something thereto a Court of Justice because the Law speakes nothing of you Againe The people of this Nation have not betrusted the Parliament with a Law-executing power This is the most and all in all their tedious and long Discoursâ wâich lookes like something the rest is either rayling at others or boasting of themselves But is there one word in all this to the cause in hand Is it not Ignorantia Elenchi and as the Proverb is h Ego de alliis loquor tu respondes de cepââ One askes for Garlick and the other speakes of Onions For 1. Let it be granted they are Englishmen and so may claim the liberties and priviledges of the Law yet it doth not follow but for Conspiracy and Treason against the State they lawfully may be apprehended Againe say the Parliament be not intrusted with a Law-executing power yet no man will deny but the supreame Authoritie of this Nation are intrusted with a Law-making power that is they may * Note that thâre was nothing don by the Councell of State against those meÌ intefeâeÌce to their own jurisdiction power but as they were the Parliaments Commissioners and had command order from them to act so and so and therefore that which the Councell did herein was no more but what any other men in the like case might ought to have done For the Parliament without dispute can impower and authorize any man or men to apprehend and examine traytors and finding cause by the said delegated power to commit them that they may be tryed afterwards according to Law designe and appoint whomsoever they thinke best and fittest to apprehend such men whom they understand to be making sedition and raising warre in the Land to the end they may be brought forth to tryall according to the known Law provided in that case But here they are silent and no wonder for indeed a plaine relation of the thing as it stood had been enough to prove their apprehension examination and commitment all to be legall But their manner is what is cleare to darken with a heap of confused words or omitting the matter unto which they should directly speak to run away with some impertinent and by-thing There is no other thing that we know charged upon the Councell of State as for the slanders falshoods and treason set forth in that book we shall very shortly come to the discoverie thereof with the rest of their conspiracies and seditions in their other Papers At this time it shall suffice that we have wip'd off all their calumniations and reproaches against the Honorable and great Councell of this Nation The next place unto which they bring us is the Councell of Warre and here we finde their main bodie and the great ordnances planted of untruth treacherie contradiction sedition and what not In the first part of their new chain there is very little comparatively to what is published in the second part We purpose if God will in our Discoverie to go thorow both that so the Nation may the better see and judge what a generation of men they are First then of the Councell of War this they say by their means i Englands new Chaine pag. 9. after these fair blossâmes of hopefull liberty breaks forth this bitter fruit of the vilest and basest bondage that ever English-men groaned under Answ 1. We may see in these men what k Vincere consuetudinem dura est pugna Aug super Psal 30. an hard thing it is to leave a bad custome when it is to plead for mutinous Souldiers and to encourage them in their refractorie and seditious courses then we shall hear them speak of good dayes l In their Letter to his Excellencie April 27. 1649. Times of peace all Courts of Justice are open But if it be to reproach the Army they can make their tongues to say quite contrary nothing then but bondage yea the vilest and basest that ever English-men groaned under not regarding what hypocrisie they shew by their grosse contradiction so they may do some mischief one way or other 2. There is a Letter extant of Lilburnes wherein he expresseth himself to his Excellencie thus * Juglers discovered Truly Sir give me leave to tell you without fear or dread had I come and could have got so many to have followed me as would have enabled me with my sword in my hand to have done justice and execution upon those grand treacherous fellows and tyrants at Westminster that have not onely tyrannized over me but the whole Nation I should have made no more scruple of conscience with my own hand to have