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A92195 A brief discourse of the present power of magistracy and justice occasioned upon the tryall of Lieutenant Collonel John Lilburn. Together with severall perticulers concerning his charge and out of the speeches of the Judge. Also some arguments and conclusions drawn up out of Lieutenant Collonel John Lilburns, pleadings and defence, made to his charge on Thursday the 25 of Octob. 1649. Collected at the request of some friends for generall satisfaction. 1649 (1649) Wing R40; Thomason E575_37; ESTC R206356 3,902 8

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of a cerrain Law amongst the Egyptians whereby every subject was compelled to give his name to the Magistrates declaring what kind of life he liked how he lived and what Art he exercised and if any did tell untruly or not perform his duty sufficiently he was put to death but it not my intent to trouble you with any longer degression intending only to insist on what is most pertinent in the present purpose and therein a word or two more of the Law of England which proceedeth from true reason viz. to live honestly to hurt no man and to give to every one that which is his own who so therefore doth abandon Laws is at least to be suspected and to contemn them is no lesse evill then to despise Nature Vertue Reason God himself There was a saying amongst the Ephesians That free-men ought as manfully to defend the Lawes as the Walls of the City for without walls the City might be preserved but without lawes it could not and where vertue and reason preserve not men wi hin the bounds of Law justice ought to be extended to the punishment of evill for the foundation of judgement is the Law proceeding from wise and just men and before the skill of writing Laws was invented Justice had her habitation in the breasts of such men and had such preheminece there that it admitted not any thing to be done wickedly or to disturb the publique good and peace of others one principall part of justice tending as well to the settling peace in a common-wealth as bringing the Offender to exemplary and condigne punishment Naturall equity commandeth us to abstain from iniquity and therefore we ought to do nothing whereby another may be oftended That ancient age of the world the Poets call Golden through the benefit of justice no deceit fraud nor injury was known then were no seditions no tumults no hate yet had Master Lilburne lived in that time as in sundry revolutions since if one may judge a tree by its fruit without prejudice to the stock he would not have found content but have buzzed in the peoples ears some inconveniencies to bring them to a dislike with what they enjoyed which is the easier done in all times seeing it is natura homine to commend the time past hope for the future and find fault with the present He is only to be accounted a good man which imbraceth all kind of vertue and feareth not to dye for his country but men that are endued with a false kind of wisedom having their tongues but not their minds instructed do commonly endeavour to alter and not to amend the publique pollicy there is not in a Common-wealth a worse mischief then such men for by subtilty deceipt sedition they labour to be thought somewhat But as man of all creatures in his perfection is the best so if he forsake Law and goodnesse he is of all other accounted the worst Mr. Lilburns bold and peremptory language this day at the Bar of that humble Court before whom he must be tryed must not bear him out it s the law must take place he is ordered to appear again to morrow what the event wil be I have not to dowith time wil manifest A learned Author saith that a man may be permitted wice to speak his sence though doubtfully but if the third time he fail he shall not after be admitted to speak more in that cause I conclude with a word or two concerning the reverent Iudges and the rest of the Commissioners of that honourable court they are men that aym at the glory of God the promoting of Religion and safety of the Common-wealth yea why may I not say of them with St. Paul they are sent of God for the praise of the Godly and the punishment of evill doers they sit in the Iudgment seat in as great though not so slavish a fear as Olaves when hee lookt upon the flead skin of his father nail'd up by Cambises to conclude where I began what can we think wanting where Iethro's advice is raken to fear God love the truth and hate covetuousnesse By L.R.