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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

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hunters p. 134. 4 What he saith of the Armie ibid. The Answer to it p. 134 135 5 What he calls his Jurie to wit his honourable Jurie the Keepers of the Liberties of England Judges of the Law as well as of the Fact p. 135. How he handles his Iury as if they were like brass pots he carries them by the eares where he will ibid. His base aspersing the present Parliament p. 136. Wherein is manifested the Jurie their disaffection to the State ibid. Care to be taken that the corrupt proceeding of this Jury be not left as a President to future ages p. 136. How he calls Jehovah to witnesse and protesteth before God Angels and men that he is not the John Lilburn intended in the Act p. 137. How such Asseverations and Oaths are frequently used by him and the Reasons why ibid. How it is Machiavels maxime and the doctrine of Jesuites to lye and forswear for profit and advantage p. 137. After his sayings his doings follow And here we find him at his old Trade dispersing scandalous and seditious Books p 138. 1 A printed paper Entituled More light to M. John Lilburns Jurie wherein is asserted that a Parl. hath no power to contradict alter or repeale any former standing lawes ibid. The Answer to it wherein is shewed how Mr. Lilburn seeks to enslave the Nation and to disquiet the minds of the people by false suggestion And such as aske his liberty may as well aske our Reason and understanding p. 139. How a Jurie though consisting of two knaves and ten fooles yet are above Parliament and Law and no Appeale is to be had from their sentence though never so illegall and unjust p. 140 141. How inventers of evill things and inducers to sin are principally to be punished p. 141. 2 Another printed paper called A word to the Army wherein he speaks nothing of the former divisions which he had made in the Armie but seeks to raise more p. 141 142. 3 A printed paper Entituled Fundamental Laws and Liberties of Enland c. p. 143. How Lilb shews here his follie in troubling himselfe about Parliaments which as hee states the Case signifie little ibid. How he is proud an ignorant man as no● understanding what fundamentall and standing Laws are p. 143. How lawes may be said to be standing and fundamentall and what such lawes are p. 143. How Lilburn is like the Masse Priests in Edward 6. his reign And seekes to make Commotions and Tumults now as they did then in the like seditious way and designe p. 144. How he extracts something from all former Incendiaries to be a Master work-man as he stiles himself p. 145. 4 Another printed paper called Lieut. Coll. John Lilburns plea in Law ibid. Here he undertakes to prove that the Parlament can alter none of the fundamentall Laws ibid. To which a large answer is given As shewing 1 What is power 2 Government or the execution of that power p. 145 146. His ignorance and non-sence and how hee seeks to enslave the Natian ibid. He goes backward to out-jump his fellow leapers in sedition p. 147. How like the foolish fish he swims to the hidden hooke ibid. Another printed paper called A word to the Iurie in behalfe of Iohn Lilburn p. 147 A doore for Lilburns sake must be left open for all Incendiaries to passe through without punishment p. 148 How the Jurie took upon them not onely to be Judges but condemners both of Parliament and Laws p. 148 What is to he done by those who are in Authority when they see not only their persons but Authority it selfe and their Acts and Laws troden under foot p. 148 149. Lilburns re●ued practice to divide the Armie p. 149. His unreconciled hatred to the State p. 150. Another printed paper called A Plea at large for John Lilburn Gent. ibid. Here he prosecuteth the method which he propounded to the Duke of Buckingham c. as to destroy the Lord Gen Cromwel c. p. 150 151. How he cannot for his life forbeare acting sedition p. 151. Lilb liberty not to be desired dangerous to the Common-wealth Reasons for it 1 Because nothing will satisfie him but murder and blood p. 151. 2 He knows nothing of the present Generation-work but one that scoffes and jeers at it p. 152 153. 3 Is a profest Enemie to Reformation As to have things continue proper to Monarchy no way suitable to a Common-wealth p. 153 154. 4 No friend to those that fear God and love the Common-wealth but he is for the Cavalliers and that party Having so many Agents as he saith in the Land it is fit he and they should be kept asunder as men keep fire and gun-powder apart p. 155 6 The dangerous consequence of an ill president in the Common-wealth p. 155. The conclusion of Mr. Lilburn in that grave Councell of the Senators of Troy ibid. Concerning Mr. Lilburns later Jurie p. 156. Here the Reader is desired to take the Marginall notes along with him What the Jury fitly may be call'd and why p. 156 The Examination of the Jurie taken before the Councell of State 157. Thomas Green fore-man why chosen by Lilburn why foreman p. 157. He will not answer for Reasons best known to himself p. 158. Michael Rayner he confesseth they had a meeting all together at the Windmil Tavern in Coleman street to agree together what answer to give the Councel p. 159 How he and the rest of the Jury took themselves to be Judges of matter of Law as well as matter of fact ibid. Thomas Tunman a Salter this man though he sels salt yet his words were not soasoned with salt witness his lying against knowledg and conscience in being ask'd whether they did not meete that morning at the Windmill Tavern he positively answered they did not p. 159 160. Immanuel Hunt he was not satisfied that the prisoner was John Lilburn indicted of felony About their meeting at the Tavern that morning First denies it afterward confesseth it p. 160. James Stevens confesseth the Councell and Bench told the Jurie they were onely Judges of the Fact But this they regarded not p. 161. Richard Tomlins tels the Councell 't is one thing what he can say and another thing to accuse himself ibid. He is not bound he saith to give any account of what he did in the business but to God himselfe p. 162 Will Hitchcock is resolv'd not to give any answer of their Action ibid. He says and unsays and contradicts himself most grosly p. 162 163. Thomas Evershot though he pretends he was satisfied in his conscience in what he did yet such was his conscience as hee can lye against his knowledg p. 163. Tho Smith refuseth to give any Answer ibid. Gilbert Gain though hee did differ from the rest yet at last yeelds to them for company p. 164 Griffith Ovven was not satisfied that the Prisoner was John Lilb p. 164. The Authors opinion concerning the downfall of Juries ibid. LILBURN Tryed
any himself why should not that be don to him that himself would have don to others Preparative to hue Cry p. 7 He hath sought without Law to murther other men Ergo He hath endeavoured by falshoods and slanders to undoe others Ergo Heu patitior telis vulnera facta meis a makebate or fire-brand whilst he goes between them two seekes by sowing sedition to ruin them both It is said of Cato that he would usually make contention between his servants and keepe them so because he thought their agreeing together would be some hurt and damage to him Mr. Lilburn well knew it was an obstruction to his Conspiracie whilst the Parliament and chiefe Officers in the Armie held a good z He knowes that discordia est ordinū Reipublicae venenum therefore spits it at every word accord And therefore night and day endeavoured to sow dissention between them Hence it was that he and his Confederates petitioned the Parliament that they would a Englands new Chaine pag. 6. appoint a Committee of their own Members to heare examine and conclude all controversies between Officers and Officers and between Officers and Souldiers Could there be devisd a stratagem more mischievous and treacherous then this to set them at variance to the prejudice of both and ruin of the Nation Againe b Wee have mētioned this before now the truth is such rayling base language he never durst have used but spes impunitatis magna est peccandi illecebra Tull pro mil. It is saith he as visible as the Sunne when it shineth in his glory and splendor that Korah Dathan and Abiram of old were never such Rebels against Authoritie as the General and his Councel are nor the Anabaptists at Munster with John of Leiden and Knipperdullion were never more contemners of Authoritie nor Jack Straw nor Wat Tyler nor all those famous men mentioned with a black pen in all our Histories and called Rebells and Traytors can never be put into any scale of equall ballance for c Machiaevel Doctrine is He that will effect any thing by slanders and falshood must-charge home which Lilburn hath learnt it ad unguem ALL MANNER OF REBELLIONS AND TREASONS AGAINST ALL SORTS AND KINDS OF MAGISTRACIE with the General and his Counsel It is said of one That he had the best weapons but did the least Execution no man no not any of the Traytors and Rebels whom he names ever went beyond him namely in seeking to have put the Common-wealth into warre and bloud but praised be God d Hitherto the p●t which he hath digd for others he hath fallen into himselfe and justly for Qui vendit vanos circum palatis fumos subdolus hunc fumo nonne perire decet his wickednesse hath not prospered which is no smal vexation to him and his partie It is wel observ'd of e Ambitiosi ali quot homines qui privatim degeneres in publicum exitiosi nihil spe nisi perdiscordias habent Lips polit l. 6. c. 4. p. 266. Lipsius and true here Many ambitious men being private and of little worth are mutinous and seditious in the Common-wealth as having no hope but by divisions and discord to raise themselves But in the meane time it is forgotten that Raro antecedentem scelestum Deseruit pede paenae claudo Seldome Revenge though slow of pace Leaves ill forgoing men to trace 3. And a threefold Cord is not easily broken Mr. Lilburn well perceiving how much it conduced to the safetie both of the Armie and Nation whilest there was peace and concord between the Officers and Souldiers for by this they f Concordes fueritis validi invictique manebitis si verò discordes imbelles imbecilles facilesque expugnatu futuri Pluta● Again Concordia Victo riam discordia praebet excidium Tiresias remaine-strong and unconquerable whereas disagreeing they were unwarlike weake and easily to be overcome he puts himselfe therefore among the Souldiers and here he leaves g But here Lilburne cannot say Labor omnia vincit But nihil labor aversante furtuna prodest no stone unturn'd no path untroden no meanes unattempted to destroy the Soulderie by making division To follow him here in all his windings turnings and close Conspiracies it is unpossible surgunt de nocte latrones what is come to light we shall onely report 1. He and his Confederates cry out to the Souldiers to revolt and cast off their Commanders h The bloody project p. 14. Juglers discovered pag. 12. Let not the covetous the proud the blood-thirsty men sway over you feare not their high lookes give no eare to their charms their promises or tears they have no strength without you FORSAKE THEM and they will be strong for good adhere to them and they will be strong to evill Again Those proud hypocriticall Officers that are amongst you that are against freedome and would do the worke of the Lord by halves PUT THEM OFF and choose honester in their room and the only way is to take down their great pay and let them serve as you And a little after If you be wise i The Souldiers which served Marcus Antonius fell unawares on an hearb which greatly distempered their heads Mr. Lilburns projects among the Souldiers was some such hearb for it put them into such a frenzie as they forgot their duty both to God and their Country march not out of London nor undertake for Ireland or any other service till there be set up a new Representative of the Army Is there not here good counsell could there be worse broached by any Malignant of the Kings party or the most treacherous Enemie wee had in the world as tending more to a publique ruine No marvail Mr. Lilburn is so hug'd by k No doubt but his Jurie both the former and later know this wel enough and therefore could not in their Conscience find him guilty to wit for doing that which themselves would have done but that Oderunt peccare mali formidine poenae Cavalliers and taken into their bosom hee having acted for them and against us more treacherously then any among them ever did or durst But again l The hunting of the Foxes p. 24. all English Souldiers say they that have the least sparke of m Aliquid la tet quod non patet true love to themselves and their Countries freedome are bound to unite themselves against those Apostates those Juglers and Traytors to the people those that are the Levellers indeed For what have they not levell●d There is no trust or confidence any more to be had in them for they have broken their faith with all parties Thus are the Souldiers stirred up to insurrrection And as tinder doth easily kindle when fire comes to it so were the Souldiers at least many of them ready to mutinie assoon as those Fire-brands of his were thrown in amongst them n A Declaration of the proceedings of his Excellency
was 2. In carrying on of their stratagem to divide the Armie Their practice was when any of the Souldiers hearkning to their u Bonitatis verba imitari major malitia est Publ. Counsell acted any thing treacherously and dangerously against the Army highly to commend and justifie such mutinous and seditious persons calling them x English new Chain second part p. 14. 9. honest and worthy Souldiers the good men in the Armie the honest Nown-substantives y Peoples Prerogative pag. 42. men most conscientious and cordially acting for Common-good and resolved to stand for true Libertie z An Out cry of the young men pag. 12. Our true Burford friends who were treacherously and wickedly defeated Thus how seditious and dangerous soever their doings are neverthelesse to the end the worke of darkenesse may goe forward these Master Lilburn a Whilst an Asse is stroaked under the belly you may lay on his back what burden you will Mr. Lilburn knew how to make Asses of some souldiers hee streaks them with one hand calls thē his white boyes with the other hand loads their shoulders with the sinking burden of Rebellion stroaks and calls them honest men his true friends as encouragement and reason enough to forsake and cast their Commanders off It was a great honour to Achilles that his Deeds should be commended and set forth by such a man as Homer who would not raise sedition in an Armie refuse to obey the just Commands of Superiours make head against their Generall being certain of Mr. Lilburns pen and hand ready to defend it and to justifie it to the world though an act not to be paralleld as the Generall truly said for the horridnesse of it 3. To make good what we have before asserted viz. that none have more endeavoured by division to destroy an Armie then Mr. Lilburn Cum socijs have sought to ruine OVRS This appears further by their urging and instigating other Souldiers when their fellow souldiers for causing sedition have been justly punished to take severe revenge for it presently upon their Officers b The English souldiers Standard p. 8. Is it not a shame say they that your fellow-souldiers should undergo so slavish so c It is the Jesuites doctrine that he dies a Martyr that dies for his conspiracie Treasō against the State M. Lil. though no profest Jesuit teacheth the same But no Jesuit hath openly declar'd himselfe such an enemie to this State as he hath done severe and painfull punishment as to ride the wooden Horse or to run the Gauntlets and be whipt for small particular offences and that d He blames such Souldiers of whom Lucan speaks Nulla fides pietasque viris qui Castra sequuntur venalesque manus you should suffer in the mean time your Officers and Commanders to turn Tyrants and never punish them at all for it Is this to take up Armes when one man being your Commander may as the proverb saith steale a horse and you will hang a private Souldier for looking over the hedg For what comparison is there between a private Souldiers offence and an Officer turning a Beare a Wolfe a Tyrant Againe suffer this and suffer any thing Experience shewes he that takes one e Note how he boasteth that he gave the Parliament such a cuff under the eare as they will not shake off the pain and smart of it but this they must suffer only private souldiers must resist and not suffer any thing how justly soever they are punished box on the eare invites another and when Souldiers that should be men in all things stand still and suffer their fellow-souldiers to be thus abused by a pack of Officers no marvail if their Officers turn Tyrants presume to doe any thing to any man Here let the impartiall Reader judg how marvelously the power and goodnesse of God hath appeared in the preservation of our Army Jehovah Jereh In the mount the Lord was seen It is true our deliverances many wayes have been wonderfull but in nothing f Considering that of many Souldiers it may be said Nihil esse utilius aut opportunius quam in aqua turbida piscari Again Non aliter salvos incolumes se esse existimant nisi in publicis calamitatibus more all circumstances duly considered then in confounding continually the pernicious plots of those seditious men Rocks covered with water are more dangerous to Mariners than such as stand obvious and open to their sight By how much the Conspiracies of Mr. Lilburn and others against the Armie have been subtlely cloathed with the spetious and plausible pretences of Justice love to the Souldiery safely to the Nation publique good c. by so much the more have his designs as Rocks under water been pernicious and destructive to the Army And divine providence the more seen in preserving the same that it was not totally broken and scattered thereby 4. That nothing might lie in the Souldiers way to rebellion but doe it freely and without fear In stead of a Court Marshall Mr. Lilburn appointed a Committee of Indempnity whereby all Souldiers are acquitted as not to suffer for sedition or any other Crime g The peoples Prerogatives pag 53 54 55 c. There is now no Marshal-Law but its absolute murther in the Generall and Councell of War to put any Souldier to death for any crime or offence whatsoever h The hunting of the Foxes p. 18. Souldiers onely are punishable in the Courts of Justice and according to the Laws and Statutes of the Kingdom so that the i A Letter written to the General by Lieut. Colon. John Lilburn and Mr. Rich. Overton April 27. 1649. Councell of Warre hath no more right to inflict Justice then a Thiefe or a Robber hath to a purse which he takes upon the high way Excellent doctrine and no doubt it is k Take notice of the reason wherefore M. Lilb though he conceal it would have Martiall Law and the Councell of Warre dissolved hee knew by the Articles of Martial Law Whosoever shal utter words of sedition or tending to the making of a mutinie shall be liable to a sentence of death his own it looks so like him but here Mr. Lilburn runs l Poena gravior gravius peccantib debetur August faster and beyond his fellows for we do not find that any former Incendiaries how dangerous soever have denied the exercise of Martiall law to an Army before When the Jesuites perswaded a Villain to murder the Prince of Orange for encouragement they assured him that he should do it invisibly and escape as not being taken M Lilburns m It is no good principle for b●nis nocet quisquis pepercerit ma●is Again Qui punit injallos in alijs fie●i injuriam prohibet plot is little lesse Jesuiticall hee tells the Souldiers there is no Martiall Law no Councell of War what danger then to revolt to cast off all