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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

proprieties are confounded and destroyed For by the same rule that he layes a hundred and twenty thousand pounds a Moneth he may lay six Millions a Moneth when he pleaseth and so ad infinitum Here we have him prosecuting the method which he propounded to the Duke of Buckingham Sir Ralph Hopton and others as to c That which he publisheth there may serve as another Reason to prove the former charge against him Namely his Resolution to kill the Generall destroy the Parliament set up Charls Steward c. For had he not intended such a thing such seditions words would not have been uttered specially at this time being a prisoner destroy the Lord Generall Cromwel the Parliament and Councell of State and to make Charls Stuart King of England by working a mutiny in the Army and raising up the people against the present Government and so put the Nation into blood and confusion Now howsoever we shall not speak any thing as to his method notwithstanding for the season we conceive he was not right for being lately come over and known to be seditious a man would have thought that for a while he would not have been tampering with the publick affaires of the State untill he had gotten his liberty and so been in a better capacity to have followed the businesse he came about But we see the Gall of sedition is so predominant and overflowing in him as he cannot for his life forbear the acting of it whensoever he d Take a wo● and beat him blacke and blew cut off his legs and then pluck his skin off yet unlesse you can change his nature he will be a wolf still so it is with men accustomed to sedition it is not banishment imprisonment or any other punishment will reclaim them unlesse God change their heart finds an occasion to goe to work be it in season or out of season The Controversie was soon decided as to what Countrey those Islands did belong when they brought Snakes and Adders thither So we may know of what side and party this man is by the venemous Vermins which naturally do live in him The Snakes of Treason which he carried away with him he kept in his bosom all the time of his abode beyond Sea and we see here they are brought back again so that dye they cannot the soyl being so naturall to them We shall goe no further with his Books only besides those here mentioned he hath dispersed with his own hands among severall persons many other e Some of the Heathen Emperours ceased from persecuting the Christians because they saw how unsuccessfull they were in their actions One would thinke he should be quite wearie of publishing Bookes against the State to observe how the hand of the Lord hath been still against him as to blast and curse his doings Printed Papers of the same nature and tendency since his coming over Having made so large a discourse of his Case and Craft we shall now in the winding up of all take occasion from the premises to speak a word in season to the whole Nation What course the Parliament should take with him f Only this Sed sapiens in f●nte oculos habet omnia spectans omnia prudenti cum ratione videns And venienti occurite morbo we shall not at all meddle with it it being onely our purpose to satisfie all people in all places with this particular namely That he is one whose liberty is not to be desired dangerous to the Common-wealth and therefore to be wisht rather further off then to live amongst us And that it may appear we speak not here lightly or unadvisedly but what is rationall and well bottomed we desire that these following Considerations may be weighed 1. How he hath sought by severall seditious wayes the overthrow of the Common-wealth ever since it was established And nothing will satisfie him by his own confession but g As if hee were another Alecto whom Juno is said to send forth to raise tumults and seditions in the world Cui tristia Bella Iraeque insidiaeque crimina noxia cordi murder and blood where he takes himself to be wrong'd Be it true or false h He that can murder with the least scruple of conscience such as are in Authority in what safety are other people whom hee takes for his Enemies Surely he will feare lesse either by his Agents to destroy such low and weak things for here none must be judge but himself Plynie saith that the Earth never receiveth within her entrailes that Serpent which hath stung any man to death We have shewed before how his tongue ha's not spared any but the poyson thereof hath been poured out upon Parliament Army Generals Councel of State c. Insomuch that if after all his poysoning and killing there should be an opening to him as to receive him into our bowels it might truly be said like that voyce which was heard from Heaven Hodie venemum Reipubl est immissum This day is poyson poured into the Common-wealth 2. In all the stirs that he makes and the severall Pamphlets which are forth under his name we find nothing in them of Christ nothing of his Kingdome power and glory and of the great Work which the Lord is now carrying forth in the world It is true we find him often scoffing and jeering at the things of God but for the present i Here wee cannot say of this man as it was said of the Asse the master hath need of him For neither Christ nor his people have any need of him as to the cause work of God going on in the world Generation-worke he is altogether ignorant of it it is foolishness to him When one asked Duke d'Alva whether he had seen the blazing Star or no he answered that his work was so much below on earth as he had neither leisure nor time to look up to see what was doing in the Heavens The like may be said of this much to be pittied miserable man who hath made it so his work to be contentious and alwayes quarrelling with one or other as he hath had no spare houres to look up or to look on any thing saving self-revenge and therefore as he knowes nothing of Generation-worke so he is better out then in for should he be taken in he would but stand in the way k It is reported of a tree that if the boughs thereof be thrown into a vessell it will occasiō a mutiny among the Mariners and passengers and so endanger the losse both of men and vesse●l Should this man be shipt with the Saints there would bee no peace among them Besides such divisions and contentions would he make as they would be the lesse useful and serviceable in their generation to hinder the prosecuting and furthering of it 3. Take him without his Wiles and at the best what are the things which he talks so much of But in

should do GOE FROM TOWNE TO TOWNE GENERALLY AND TO CAST DOWNE INCLOSVRES this is a levying of Warre though there be no great number of the Conspirators within the purvene of this Statute because the pretence is publique and generall and not private in particular And so it was resolved in Case of Richard Bradshaw Miller Robert Burton Mason and others of Oxfordshire whose Case was That they h Observe how the like was practised by the persons formerly mentioned and a resolution taken up to goe forward and to cast down Inclosures and Towns one after another conspired and agreed to assemble themselves with so many as they could procure at Enslow-Hill in the said County and there to rise and from thence to goe from Gentlemans house to Gentlemans house to cast downe Inclosures as well for inlargement of i Here we may see what fair pretences can be made for foul offences It was for Enlargement that Mr. Lilb had a chief stand in those Riots but not to enlarge high wayes but to ēlarge himself with 1000 acres Space way enough for one time high ways as of arrable lands And they agreed to get Armour and Artillerie at the Lord Norris his house and to weare them in going from Gentlemans house to Gentlemans house for the purpose aforesaid and to that purpose perswaded divers others and all this was confessed by the offenders And it was resolued That this was a compassing and intention to levie Warr against the Queen because the pretence was publick within the Statute of 13 Eliz. Cap. and the Offenders were attainted and executed at Enslow-hill How Mr. Lilburn here can k Here wee suppose Mr. Lilb wil need some Logick with his Law either in Actu signato and quo ad speciem or in actu exercito and quo ad invidium how speciated by its object individuated by is circumstāces quit himselfe from Treason or Fellonie according to Coke unlesse by a Jurie of his owne choosing who will not finde him guilty for any Insurrection or Conspiracy against the State be the thing never so clearly prov'd we leave it as a Querie to men better skil'd in the Law then our selves But 2. by this it doth appear that he remembred not the proverb A burnt child dreads the fire For who but m Hanniball used to say of Marcellus that hee was such an Enemy as would not be quiet whether Conquerour or conquered Mr. Lilb thanking his honorable Jurie came off Conquerour yet he could not for his life sit still but there being a Cōmotion and Insurrection in the Countrey yea though but one yet whosoever is out he will be sure to have his hand in it himself having a little before so narrowly escaped punishment for sedition would have thrown himselfe again head long into the danger Theseus is said to cut off his golden locks least his enemies should take advantage by taking hold of them It is possible he may think that to make tumults and commotions in the Nation is an n As Ishmael might have gloried when it was said of him He will be a wild man his hand will be against every man and every mans hand against him ornament and credit to him Notwithstanding seeing hee gives his Enemies hereby so much advantage as to take hold of him it were better hee did cut off those golden locks in giving over such contentious courses which will prove his ruine fall at last 3. Should such a president as this be left without due execution of Justice in what o The Law saith paena unius est multorum metus Praes I●u In Cod. lib. 3. c. 27. ad leg Jul. Again Qui punit injustos in caeteris prohibet fieri injuriam danger were the whole Common-wealth For if men shall be secured and protected from the Law for all their riots past what after they shall commit what should hinder the multitude from raising continual Insurrections every where and to make Lilburns plea Propriety Libertie Free-Commoners c. In the dayes of Ptolomeus Philopater when the huge and great Anchor of the ship Thalmegos was laid out upon the shore the children of Alexandria did ride upon the stalke and crept through the ring of the Anchor as if it had been made for pastime of Children But wise ship-men knew it was appointed for better use namely to stable and make sure the great Vessel in great tempestuous storms Just so do some men serve the Law if the p Foolish birds frighted a little at first with the Husbandmans scar-crow and after a while observing that it stirs not are bold to sit upon it desire it So Rioters Mutiners when they see the law is not put in execution against them become the more bold proceed from evill to evill execution thereof be neglected they are ready to ride on it and runn thorow it as if it were made only for sport But wise States-men know it was appointed for better use namely when Turbulent spirits cause Riots and Commotions in the Land to preserve then in such a storm the great Vessell of the Common-wealth by a due and careful proceeding against them especially to make the q Pectora magnis obsessa malis non sunt ict● ferienda levi Authors and Ring-leaders Exemplary Thus wee have shewed what Mr. Lilburns carriage and deportment was before his Banishment and have fully prov'd the Assertion or Charge to wit That no man more deservedly hath been banished out of the Common-wealth of England for grand misdemeanors against the Reipublick then he And therefore it is not true as wee said before that the reason and cause of his banishment should be of some difference or particular Quarrell between Sir Arthur Haslerig and him Neither is it true which he writes to the Generall r In a printed letter p. 2. That Primats businesse and nothing else was the cause of his Banishment For howsoever that businesse occasioned his banishment yet originally and chiefly it was not the cause but the ſ Our State here follow'd that saying Cuncta prius tentanda sed immedicabile vulnus ense recidendum ne pars sincera trahatur Ovid. whole series of his former Treasons practiced against the State he having made it his t For not only before his banishment but whilst he was beyond Sea and since his return he hath sought the ruine of this Nation And therfore wee may well say a continual constant work continuall and constant study and worke to destroy the welfare and peace of the Nation Now to the end that neither he himselfe nor any other may think we have taken this work in hand either without cause or not called thereunto we desire it may be noted how we are in a manner dar'd and challenged to it If the u Should hee not be well employd to reply to his slanders and falshood Regium est male audire bene facere

and Cast OR His Case and Craft discovered WHEREIN Is shewed the Grounds and Reasons of the Parliament in passing the Act of Banishment against him and wherefore since his coming over he hath been committed to the Tower by the Parliament Here likewise is laid open the partial corrupt and illegal Verdict of his Jury both the former and later Beeing to satisfie all those in the Nation that are truly godly and well-affected to the Peace of the Common-wealth And to stop the mouthes of others Proving what is don in order to his present imprisonment is according to the Rules of Justice and Equitie c. THe a 2 Sam. 15.12 two hundred men which went with Absalom from Jerusalem to Hebron in their simplicitie and knew not any thing had they clearly understood the real b As all vices use to cloth themselves with the habits of virtues that under those liveries they may get countenance in the world so under the name of Libertie crying out against Tyranny many unawares are brought into a snare plot and stratagem of him which was to make himselfe King and depose his Father they would not have followed him in so horrid and wicked an Action In the undertaking of this worke we shall endeavour to undeceive such people virtutem qui verba putant ut lucum ligna as Horace speaketh who through ignorance and mistake of things are ready to comply with Mr. Lilburn and others in their seditious wayes and wiles against the peace and safetie of this Common-wealth As for others who are wilfull and malicious professed enemies to the State and of his minde who said c Non persuade his etiamsi persuaseris Though you doe convince me yet I will not be convinced we shall neverthlesse by this leave them without excuse to the righteous judgement of God in the great day of Christ The searcher of all hearts knows it is not Mr. Lilburns bloud or any hurt unto him in the least that is here aymed at we have better learned d Mat. 7.12 Christ even e Quod tibi vis fieri hoc facias alteri to doe to others as we would be don unto but to prevent the misery and mischief which otherwise partly through the most effectuall delusions and deep deceits of some and partly through the ignorance and misunderstanding of others might possibly by keeping silence fall suddenly upon the Nation It cannot be denyed but that it stands with the Rules of Justice and Equitie contained in the moral law of God and Nature or sound naturall Reason and with the Law of all Nations that mutinous and seditious courses should be prevented and hindred yea and f Initio sedicionum quamprimum apparuerint comprimantur Cle. Templ polit lib. 4. c. 7. p. 424. timely too whilst they are in the nest hatching like the Cockatrice Egges g Contra vim atque injuriam licitam esse defensonem L ut vim de Just jur l. scientiam sect quicum ad L. Aquil. Against force and wrong defence is lawfull saith the Law and h Publicam utilitatem priva●orum commodis praeserendam Authen Res quia C. commude legat l. the publick good is to be preferred before particular profit Upon those considerations and grounds namely that the Nation may be no more involud in warre Tyranny in Church and State re-established our liberties bought with a sea of bloud and millions of treasure lost againe but the great worke of Christ gloriously goe forward in the world we shall now not following Mr. Lilburn in his i As Cocks fed with Garlick overcome others with ranknesse of breath not with strength of body so his victory by the pen is by desamations and rayling at mens persons Sober men not being willing to come neer the ranknesse of his breath rayling and raging language but in the words of sobrietie and truth state the true case of his sufferings and how in seeking himselfe and to carry on his own Interest he hath all along endeavoured to disquiet the Nation and to make commotions and divisions in our Councels Armie and every where It is usually given forth by Mr. Lilburn and his friends and so understood of many as if the k Thus he speakes and writes hath published to the world Now the Civil Law saith It is unreasonable for any man not having weighed the whole cause to give advise or judgement some one part alone proposed Civile dig 4. de leg● Senatusque Consult cause of his Banishment should be of a difference arising between Sir Arthur Haslerigge and him and some words which he should speake against Sir Arthur but how untrue this is and ungroundedly taken up will evidently appeare by the following discourse First the Reader is desired to take notice how one Mr. Primate Citizen and Letherseller of London made claime unto three parts in foure to be divided of all the Cole-mines in Harraton in the Countie of Durham by virtue of a pretended Lease made by Sir John Hedworth Knight The which moitie Primate afterward demised to George Lilburn and George Grey Junior Esquires c. Now to the end they might the better carry on their covetous designe and enrich themselves by deceiving the Common-wealth of 3000 l. Per Ann. they take along with them Liev Collonel John Lilburn and some others persons proper for the worke and most fit to advance both their owne and the others Interest For as the Cause was desperate and deceitfull so it was necessary it should be mannaged by such k Ambitiosi a liquot homines qui privatim degeneris in publicum exitiosi nihil spei nisi per discordias habent Lipfius polit l. 6. c. 4. p. 266. instruments as would be resolute restlesse and with violence and impudence breake through all oppositions in spight of right or reason How these conspired together to rob the State of so much treasure will appeare by setting downe the true state of that Case concerning Harraton Collierie and the Common-wealths Interest in it Upon the sixth day of August 1649. Thomas Wray of Beanish in the Countie of Durham Esquire complained to the Committee of Durham that George Lilburn and George Grey two of the Committee l All is fish that comes to the net had possessed themselves of his Collieries and severall houses thereunto belonging in Harraton which were sequestred for his Recusancy and Delinquency and had raised great summes of money out of the same and converted it to their own uses to the great losse and prejudice of the Common-wealth And upon Examination of Witnesses upon m Here Master John Lilburn hath a Marginal note in his booke Entituled A just Reproof to Haberdashers Hal pag. 9. And saith But I am sure their depositions are no where to be found But we are sure he knows better how Mr. William Roe prov'd it fully oath it appeared that in the yeare 1644. Sir William Armyne and the rest of