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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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the very way and course whereby former I●cendiari●s and Conspirators have used to effect the same is at th●s day and by this partie practised to a hair 4. In the last place we shall observe what they say d Manif●station pag. 8. Could we have had any ●ssurance that what is d sired should have otherwise or by any have been don and had not had some ●aste 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 neve●thelesse this cannot be justly cha●g 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 b●cause this or that is not also don There may be no fault either in the Physick or Physician and yet the patient remaine longer si●k 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 C●nctator 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 veri● 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 Manif●station pag. 6. professe that they beleeve there is one eternall and omnipotent God the ●●ther 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 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 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. 1●1 No heaven nor hell No Angel good nor had No resurrection of the fl●sh 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 ab●mination 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 fl●sh 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 ſ Prospera ●ueniunt 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 pro●apsa traxit semper r●m● secū trabit Lipsius Polit. notae in c. 3. pag. 4. departure from the practice thereof and falling to hereticall atheisticall and blasphemous w●yes brings Gods curse and plagues upon a Nation and indeed the Heathens thought so too u Dom. l●a negle 〈◊〉 dederu●t hesp riae maia ●uctuosae Ho●at 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
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 h●gh 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 streng●h 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 ●ot his manner to leave ●hem to such a sinfull and most abhorred course There is a Beast called D●ron 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 cou●d by casting forth reproaches and vile slanders escape out of their hands 3. Howsoever their accusa ions are heavie and many yet their pro●fes a●e still light and few usu●lly ●t is r J●stin Insti l. 1. Tit. 10. Dom sticum T●stimonium or hearesay or their own supp●sing grounded upon no likelihood or probable Reason at all or whatsoever is produced for proof● relates not to the matter for which it was brought and whosoever reads ouer their papers shall finde their d●●●ng to be thus every where These men pretend much skill in the L●w now the L●w saith ſ Pro●at ones deb●●● esse luce cla●●or●● L. Sciant C. Proofes ought to be cl●●rer then the noon-day t T●stes singular●t non prob●nt Single testimonie● prove nothing u Testis deponens de auditis non p ●b t. I witnesse d p●sing upon hearesay is no proofe x ●estis debet deponere per corporis sensum non jud c●um intellectus l. T●st ● l. qu Te● 〈◊〉 sect A● F. d● T●● not what a man thi●kes but knows stands good in Law It is a true saying y N●c●ns esse ●e●o pa e●t si ●●usasse s●ff ●●et 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 ca●l them tyrants traytors theeves murderers c. is an old State-destroying Strat●gem Mutineers and Incendiaries have made much use of it and had great advantage by it Machiavel himselfe hath it and for ex●mple insta●ceth one M●●lius Capatolinus who being overcome with envie and not able to endure the honour and renown given by the Citizens of Rome to Furius C●melus for his valour and good service addresseth him else to the Common people as well knowing their temper a M●●ic pa●e v●●eus prorū ad susp t●●es 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 jud●candum sed impetu e● quadam ●tiam teme●ita●e 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 The●ves c. Whereupon the people run together make head and fill all places with tumults and uproares and no d●ubt gre●t m●schiefe would have followed had not the Senate created a Dictator who by examination sound the treacherou● conspiracie of Manlius So againe speaking of Florence his own Citie * M●ch●●●ls 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 ●fter 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 end● For being to encounter with p●werfull 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 Rig●ts 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
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. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Ad salutem civium civitūque incolumitatē 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 ●t 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 W●ll●ngs 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 ●ot 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 th● House of Commons ●orward men in the Treatie and decliners of the last proceeding concerning the King and Lords To wh●ch we answer 1. These give occasion here of verifying that Proverb a ●er hath need of a good memory The Parliaments proceeding with the K●●g is one thing against which they doe c Englands n●w Ch●i●e s●cond part ●●g 17 18. protest and yet in this place d●e blame others for decli●ing 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 f●ule tracts of * Note none called more upon the Parliament for Justice against the Earle of Cambri●ge the Earle of Holland the Lord C●p●ll then this partie and acted more strongly for the accomplishment and when it wa● don to compl●e with the Malignants and to imbitter their spirits they say it was d●n for no o●her end but to make way for t●eir a●solute Dominion Englands new Chaine se●ond part ●●g 17. contradiction falshood and hyp●crisie 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 Nei●her doe they regard to play the hypocrites before the world so they m●y th●re●y raise contention But the truth is their wiles and way●s now are so palpably gr●sse 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 b●ing to passe their own designes But 3. there are ●one ●f the Lords House neither of the House of Commons Members of the Councell of State which did any thing in rel●tion 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 cl●ze unanimously with the rest for common good and therefore t●eir scrupling formerly of some things doth no way dis●bl● them from the present service of the State especially having been approved men knowne to be faithfull and of right and good Principl●s Indeed had they been Levellers restlesse and treacherous and sowers of sedition there had been just cause of excepti●n against them but being men altogether of an●ther spirit peaceable and Peace-makers it was well they were chosen for n● doubt through Gods blessing on their labour mu●h pr●fit and comfort will follow 5. They except against such as were Judges in the Star-chamb●r 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 d●ff●rence 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 qualifi●d for the worke Thus we have answered their Exceptions and vindicated the Councell from their Calumniati●ns 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 t●e State apprehended them Not onely had these men a long time to the certain kn●wledge of th● Councell of Warre attempte● e We h●ve formerly in p●rt manifest●d so much to w th shortly a mo e full and large Di●●●v●ry shall be a●ded of their trayterous d●signes to b●●ake the Armie by severall wayes to make divisi●n in the Armie ●nd likewise by the Parliam nt were look'd upon and that for many reasons to b● g●e●t I●c●●diaries men most d●ngerous and seditious but withall had m●de a trayterous Booke and spread it abroad and sought
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 a● 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 ha●h perfected his good worke marv●ilously 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 〈◊〉 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 w●rld 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 praet●xunt nomina ●ber● a●●m p●●ae se s●●nt ●urum e inv● um●● v. tutis ●ugum detestantis Frid. Wendelli●●●rtir Pol● l. ● 2.2 The. 8. p. ●94 LIBERTY with crying out against Tyranny A●bitrary power Taxes Oppressions c. Many pernicious plots have been c●rried 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 pit● Like thou who followed Absolom in that unnaturall conspiracy against his father b 2 Sam 1● 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 b●ing them from freedome to very sl very So Munzier seeking the ruine of Germanie and to raise himselfe a●d his Confederates out of the dust and ashes thereof laid this down as his principle d S e den
omnibus vindicondum esse quod 〈◊〉 esse deus voluerit 〈…〉 and destroyers of States have alwayes said They have p●●●●sed as in the presence of Almighty God that all their en●●●vours should be for Religion freedome peace and pros●●●● of the people by removing tyrannie oppression cruel●●● 〈◊〉 yea a Muntza●is aperte profiteri capi● se divino mandato excitum tum magistratibus impi● 〈…〉 dis tum mutando regimini politico given out as if in a speciall manner they were called 〈◊〉 to such a worke but their hypocrisie and treachery hath 〈◊〉 discovered and the Lord laid a sensible and visible judg●●●●● upon them for it And 3. That the fire which they have kindled in the A●●● may burne till all be consumed they have now lately found 〈◊〉 a notable devise namely to keepe away the water whereby i● might be quenched No otherwise then as a Thiefe who ma●ing with a traveller well arm'd and perceiving himselfe t●● weake for him would perswade him that his weapons are ●●lawfull 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 〈◊〉 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 Lil●urn M● Rich. O●●ton April 27. 1649. and th●● Souldiers onely are punishable in the Courts of Justice and according to the Lawes and Statutes of the Kingdome so that the Co●●●cell of Wor●● 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 b●●●ch 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 ye●●an Army Ergo it must have Law Marshal 2. Raised by the Parliament and for the Parliament Peoples Prerogative pag. 57 58 59. Non-se●ie 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 〈◊〉 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 pe●●●ble and quiet c. Marshall Law is not lawfull Hence we gather not as Petitio principii but argumentatio exconcess● 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 In●●ndlar●●● 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 ●ut 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 exec●ted ●hen is not Marshall Law at any time lawfull in what condition 〈◊〉 ease soever the Kingdome be such reasoning and theirs is all one Besides it ●●●ost evident that they understand 〈…〉 Marshall Law is for if they did they would not sp●●ke 〈◊〉 ●o●●ntly of * Note that there is no Statute which prohibits Marshal Law to an A●mie that hath been in service and once used it so long as the State hath upheld it and stood an Army formaliter S●●tutes prohibiting the ●s●●her●●f con●●●●● Marshall Law is grounded upon pure reason a princi●●●●●ture and common to all Nations it 〈◊〉 ●ssentiall ●o an 〈…〉 hath it s proper rise and residence there and so cannot 〈…〉 away as long as it remaines a formall Army and 〈…〉 execution should be hindered yet the right and power of ●●●shall Law an Army alwayes hath Now the Law saith f N●●●●●●juria s●●●● qui jure suo ●●●tur L ●roralus L. fluminum de damn infect 〈…〉 jurious to none who makes use of his own power and right 4. Howsoever hitherto they have acknowledged the P●●●●ment to be g Englands new Cha●●● pag. 1. The hunting of the Foxes pag. 25. the supreame Authoritie of England yet now 〈…〉 they deny it and title them h The Picture of State Second Edit pag. 14. The Gentlemen sitting at W●●●●●ster And because they perceive there are many in the Land ●●●mies to the Parliaments proceedings to ●nco●●●● 〈◊〉 such in their malignancy and to helpe forward 〈…〉 and trayterous plots they have in hand against the p●●●● 〈◊〉 safetie of the Land they joyn with them hand in hand 〈◊〉 ●●clare themselves to be the chiefe Incondiarius and the 〈◊〉 of conspiracy perswading others as one 〈◊〉 to ri●●●● 〈…〉 Parliament and as so many professed traytors 〈…〉 high-way men to apprehend s●●ure and bring them to Ju●●● 〈◊〉 new Representative The●● i John Lilburn semper idem Contradictions we still let passe we shall onely ●ver to the Nation the Reason o● cause wherefore it is 〈◊〉 Parliament which is called by them the supreme 〈…〉 England and say We own this honourable House 〈◊〉 of right 〈…〉 true Guardians of our Liberties and Freedomes * Lievt Col. Jo. Lilburne speech at the end of Englands new Chaine In a 〈…〉 is said to be absolutely deg●●●●ated into pure tyranny and thereby 〈◊〉 lost the essence and soule of authoritie and are 〈…〉 ●ing carkasse and all their commands to be cont●●●●● 〈…〉 illegall in themselves Take noti●● they were p●●●pon this of ●●cessitie For considering what they had trayterously 〈…〉 acted against the Parliament to acknowledge th●● is they 〈◊〉 before the supream Authoritie of England the R●p●●●●●● of 〈◊〉 people in Parliament assembled they became by their 〈◊〉 a●kno●ledgement actuall Traytors and Rebels against 〈◊〉 State● and therefore perceiving so much they doe recall it as not having don any
Sir I tell you againe you are necessitated to breake them Now be it so that thus he hath spoken What ha●h he don Was there not a cause Is not the thing true and very necessary it should be don Is there any thing in the speech but what Religion Reason and Law allow and strictly call for it If Sheba blow a Trumpet of rebellion Joab justly may require his head and it is fit he should die for it It is an undoubted Rule of Divinity and Policy that it is e John 11.50 18.14 more expedient that one man die yea ten an hundred a thousand then the whole Nation should perish f Melius est ut pereat unus quàm pereat unitas August Better one then out-nesse g V●e seca u● memb●o●ion potiús ali●●●d quàm t●tum corpus intereat Cic. Philip. 12. Better one corrupt and putrefied member be cut off then the whole body thereby should be infected and destroyed It is a remarkeable saying h Punian●●● a te ne tu ●o●t is p●niaris Cyp● de ●●d pa. ● te● Let the Magistrate punish malefactors as Incendiaries and Traytors to the Common-wealth least they for them be justly punished Whosoever they are that stand for such a generation of men are like Tiberius who would have Caligula to reigne that be might destroy the people It is true If men be ill affected to their Countrey and would have all setled Formes of Government overthrowne Christian Religion extirpated all humane societies destroyed and men deprived of their lawfull Liberties Rights and Estates they cannot desire or wish for fitter Instrument● and for men that will surer or sooner bring such mischiefe and misery upon a Nation Having answered to such things as they speake of themselves Our next worke shall be to observe what they say of others and here we purpose to take an exact and full view of all their i Tanto falsi testes pe●o●es sunt quanto p●●pinquare ve●●tati per calumniam v●lunt August de Festo Sancti Steph. Hom. 9. Papers Pamphlets Petitions c. which they have published to the world and wherein they lay grievous things to the Parliament the Councell of State and the Councell of Warre with high charges and accusations against severall persons and this we will doe the more fully distinctly and in order to the end the Innocent may be quitted and cleared their calumniation falshood and trayterous designes discovered and honest-minded people no longer deceived through the hypocrisie and deceit of such men Two things are extant Entituled Englands New Chaines discovered the first and second part A title importing great oppression imposed upon them by the present supreame Authoritie of this Nation but wherein they felt or suffered any such thing as yet they have not shewed neither doth their serious apprehensions or sad Representation manifest so much Some children will teare and scratch their Mother in the face and then cry out as if they had been beaten or abused whereas there is nothing don to them but onely they wronged their Mother Many wrongs and injuries have they offered unto severall men and afterward have cryed out and complained as if they were the sufferers Whereas k Witnesse L. General Cromwell who hath patiently born Lilburnes reproaches and scandalous speeches and d●n him good for evill as he acknowledgeth himselfe thus I must acknowledge you took compassion of me in my bonds and chaines even when I was at deaths do●e and was principally instrumentall in delivering me from the very gates of death in An. 1640. And setting me free from the long and heavy Tyranny of the Bishops and Star-chamber even at that time when I was almost spent and many particular respects since then and one large token you sent me since I came c. J●nahs cry out of the Whales belly pag. 2. nothing by the others was don to them but a patient passing by of all th●ir insolencies and abuses and making good that Maxime much agreeable to wisdome that just deeds are the best answer to injurious words We shall speake first to the first part of their New Chaine Omitting nothing saving their vaine repetitions calumniations idle frothy and impertinent passages First they complaine against erecting a high Court of Justice for tryall of criminall causes To which we answer 1. Were th●y not bent to sedition they would not mention a thing which by the Parliaments power may lawfully be don and l These will n●● allow of tha● Rule Auth●●tiatem ma●●●um etiam in illicius exc●sa●e C. Dixit 14 q. 5. they know it too and for no other end but to sooth and flatter Malignants and to provoke them to greater rage and wrath against the Parliament and High Court of Justice for their late just proceedings against capitall offendours 2. Whereas they speake of persons pick● and chosen as a usuall policie to introduce by such meanes all usurpations Herein they discover great uncharitablenesse and extreme malice and walke contrary to Scripture and Law The word of God teacheth us when speeches or actions doubtfull in themselves and may be taken either well or ill we are to interpret them in the m 1 Cor. 13.7 Deut. 22.25 26 27. best part So saith the Law n Dubium in meliorem partem accipiendum L. cum creditor de furtis A doubtfull action is to be taken in the better part o In re dubia benigniorem semper fieri interpretationem L. proxime C. de his quae intest del Againe In a doubtfull thing the fairer interpretation must be made So againe p Nobiliores praesumptiones semper in dubiis eligendas L. merito pro socio In doubts the nobler presumptions are to be chosen But these Rules are never followed by Conspirators against the Common-wealth but on the other hand actions howsoever in themselves very good as was this high Court of Justice and cordially don shall be depraved by malicious insinuations as if by-ends and self-interest were intended or some publick detriment would follow and this hath been practised formerly by q 2 Sam. 10.3 4. 15.3 4. Incendiaries proud r Mat. 9.34 hypocrites and by the s Job 1.10 Rev. 18.10 Devill 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the false accuser or make-bate taught them Besides it is well to be noted how in all the things set forth by this partie there is little said saving t Inserunt querelas ambiguos de Magistratu sermones quaeque alia turbulenta vulgi Tac hist 1. forged insinuations against the Parliament the Councell of State and the Armie as if they would doe this and that to oppresse the people whereas nothing was ever so intended neither had they any ground or cause for such jealousies and aspersions but have given them forth of purpose to disturbe unquiet and trouble the Nation 3. These men doe see u Englands new Chaine pag. 3. the way of tryall by twelve men to be a