that Bird which was brought to a certain Citie to devour the Offals and Carrion about the place but her owne dung was so much and so intolerable as they were soone weary of her being c Nero in the beginning of his Reign complained much against the ill government of his Predecessors but afterward was worse then they worse a great deale then they were before 6 Not to speak of the frequent meetings and great familiarity which a little before his return he had with Jamot Layton Whittington and other Cavalliers in severall places Being at Callais immediately before his last coming over he spent a day or two with the e Note that one in the next chamber heard them discourse of the Lord Gen Cromwel of whom Lilburn spake very slightly saying Cromwel what can Cromwel doe The information of John Staplehill Duke of Buckingham and some Colonels of the late Kings Armie where he and they with other Arch Cavalliers f It is a Spanish proverb dime con quiem ánd is y dezirte be quiem ere 's Tell me with whom thou goest and I will tell thee what thou art Had we not other marks to know Mr. Lilburn by his familiarity with these men were enough to shew that hee is a trayterous Enemie to this Common wealth dined and supped continually together who at his departure brought him at midnight to the waters side where he with two Cavalliers embarqued all in one boat went away together The Virgins in Cyprians time granted they walkd with young men talked with them went led with them but when they came to the Action they abstained Some such Apologie perhaps hee will make for himself Familiar they were but not cum stullis stultiscere cum vulpe vulpinari No action But as vaine and unsatisfactorie as ever was devis'd to excuse an Enemie by Here wee may say in his own words We are too old with such gins to be caught We have learnt so much Law and Reason too as not to believe an accused person upon his bare denyall of the fact where we have cleare demonstration and proof to the contrary 7 No sooner is he g Two Assertions we have already proved 1. That no man hath been banished out of this Nation for greater Crimes then hee hath done against the Government established 2. No English-man in the time of his banishment shewed more malice or contrived greater Treason against England then he did in the time of his being beyond Sea Our third Assertion is this No man banished out of England being returned againe ever offered such insolencies and high contempt against Authoritie as he hath used since his coming over specially for the time And here we begin at his arrivall to prove the same arrived in England but at Canterbuire in his way to London he presently begins to boast of his own interest here saying hee had no need of a Passe being as good a man as Cromwel and that he did not feare what he could do unto him Geese they say when they flie over Taurus keep stones in their mouths lest by gagling they should discover themselvs to the Eagles which are amongst the Mountains waiting to take them But Mr. Lilburn in his flight feared no apprehension he scorns Authority and thinks himselfe as potent as any man and therefore will h Neither follow this couÌ„sell virtutem primam esse puta compessere linguam not have his mouth stopt but speaks great swelling words as if hee meant to have put the whole Nation into a dreadfull fear of him 8 And lastly what could any rationall man understand by his appearing so publiquely and sending by his Agents papers abroad to acquaint people in all places of his being in the Citie and where he was and how to come to him but a treacherous design to i If the sparkles which a man strikes out of a flint do not take kindle it is otherwise then he would have it he useth the steel and the stone to have fire That these sparkles of sedition took no effect no thankes to him gather a partie to him whereby to make new Tumults and Commotions in the Nation And thus much for his coming over For his carriage since it may be considered two wayes 1. What he hath said 2. What he hath done Of these we shall speak distinctly and in order Upon his Tryall at the Sessions in the Old Baily he spake and asserted the particulars following 1. Concerning the Act whereupon he was indicted this he said It was a lye and a falshood an Act that hath no Reason in it k Smith in his Book entituled The Common wealth of England saith that which is done by the Parliament is called Fist sable saÌ„ctum and is taken for Law l. 2. ch 2. This man knew better the power of a Parliament then Mr. Lilb no Law for it It was done as Pharoah did Resolved upon the Question that all the l One thing here he forgets to tell the Jurie that as Moses one of the male children being preserved was afterward the instrument and meanes of their freedom and liberty So he had foretold of himself as one of the reasons why he kill'd not the Gen that he did believe he should be an Actor or Instrument to procure the full restauration of our English Liberties and Freedoms Lilburn revived 2 Epist p. 2. male children should be murdered That if hee dyed upon this Act he dyed upon the same score that Abel did being murdered by Cain That the Act was a voyd Act a printed thing there being no one Punctillio or Clause in it grounded on the Law of England and that it was an unjust unrighteous and treacherous Act and that he doubtted not to shatter that Act in pieces Wee read of one Theodosius who having denyed Christ made it afterwards his study to cast reproach upon the works and ways of Christ This is Mr. Lilburns practice here having been a continued Enemie to the State and for his intolerable insolencies and miscarriages necessarily banished he seeks to help himself by villifying and undervaluing Parliamentary Acts not that there was any truth in it nor so much as good sense in his words neither any thing as proper to the Jury to heare much lesse to be Judges of But as children and fooles will part with silver and gold if a counter or toy for it be put into their hands so he knew by such m A man that hath experienc'd a thing and found it right will make use of it againe upon the like occasion By Impertinences and by-talke he escaped the time before and therefore would take the same way againe by-talke and impertinencies specially rayling against the proceeding of the Parliament how to take away from his twelve men their reason judgment and conscience 2 Concerning the late Parliament hee said that n The Moabites called their God Baalâ—ognez the God of Thunder But the Lord in
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 noâ— 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 reâ—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
Books against Sir Arth Haslerig in reference to himself Becaus he pretends personal wrongs don to himself all England must have an Alarm Arme Arme As if all our Lawes Liberties proprieties were lost and taken away from us when he is opposd crost The matter then is thus if Mr. Lilburn may have his will and his turn serv'd the Gentlemen at Westminster shall be a lawful Parliament and so no need of rising upon the 16 of October his way of gaine and preferment or would not comply with his Ends them he hath reproach'd and slanderd and rendred them to the world as odious as might be but for others how corrupt and rotten soever so they would serve his turn such he hath rather flattered then spoken against Henrie 4 of France prepared an Armie of threescore twelve thousand and made the world beleeve it was for Germany to attain unto the Imperial Crown Whereas indeed he intended to fetch the Princesse of Conde from Bruxels for his base use In some such way would Lilburn deceive this Nation he seekes by slandering the Government to raise an Armie and gives out it 's to fetch home Magna Charta Petition of Rights a legal Magistracie Cookes Institutes c. But Fistula dulce canit volucrem dum decipit auceps The bird to woe the Fowler brings Whilst with his pipe he sweetly sings Therefore Reader k It is sayd of Richard 2. Never was Prince receiv'd with greater love and opinion of all men and sooner lost it Lilburn hath soon loosed the opinion which people had of him when he came to action As when he turnd Solicitor his actings were base and scandalous beleeve him not for were he once in the head of such an Armie it is to be feared he would march another way and doe as former Mutiners have don Levell all who pretended as much to Justice Reformation and publick good as ever Mr. Lilburn hath don But 4. And to come neerer to Mr. Lilburns charge against the General If the blind lead the blind they both fall into the pit saith Christ The truth is he being ignorant what are the due Rights Liberties and Priviledges of a free People runs headlong himselfe and drawes others blindfold after him into the whirlepoole of sedition He talkes much of Fundamental Lawes and Liberties and many like Parats speake thus after him meaning as we conceive that there are some Lawes left us by our forefathers which like the Lawes of the Medes and Persians must stand and by no after power or Parliament may be removed But this l He tels us often of Bondage and Vassallage but no man ever asserted a thing which leads to more perfect slavery then this How are we a free people and not to take and make what Lawes wee will for our selves The shooes other apparel which we wore being children were then fit but now they must be wider and larger so Magna Charta other things were suâ—eable to the people then but now not so is a false Assertion grounded upon no Reason Justice or Equitie a meere dream and fancie of his own head Indeed Salus populi suprema lex what is best and fittest for the prosperitie and safetie of the Nation that is to be considered and established by the higher powers then in beeing The Physitians of our time will not follow Galen nor any other otherwise then in their own judgment they see reason for it So neither are State-Physitians bound up to Magna Charta Petition of Rights or any other former president which he cals Fundamental Lawes further or otherwise then they see the same conducing to the welfare and happinesse of the Republick but may lay aside either part or whole as they see cause and appoint something else as more seasonable and proper to us and as providence makes way for it It is an old saying and very true m Macrob. Saturn lib. 3. Leges bonae ex malis moribus procreantur n Vt optima remedia expessimis morbis nata sunt ita optimae leges ex pessimis natae sunt moribus Caroli Caesar Symbolum Good Lawes are made from bad manners As for Example if the State shall see that to try an offender by a Jurie of twelve men a thing practised a long time with us be dangerous to the Common-wealth and much corruption and Injustice is committed this way they may yea and ought to lay it by and to appoint some other way and course for the trial of Delinquents which o Hence is that saying of Plato Tunc florent Respub quando vel philosophus regit vel Rex philosophatur So Aristotle Vbi praeses est philosophus ibi faelix est civitas Their meaning being that to have a CoÌ„mon-wealth florish there must be wisdome prudence as to what Lawes are made and executed is better and more for the safetie and preservation of the Nation And the like holds true in all other cases Now if the Reader be pleased to observe well what is here said all Mr. Lilburns Out Cries against the General will appeare to be wind and vanitie For neither is his Excellencie nor the Parliament bound as we said before to continue in force any of the p We would know of Mr. Lilburn or any other man what Reasons they can shew us that we may not lay aside all the old Lawes and make new Magna Charta Libertie of Rights Cookes Institutes speake nothing to the Question They must prove that we and our posteritie although a Free People are bound to keep any Law whether fundamental or not fundamental if we see the same obnoxious and so fit to be laid aside old Lawes of the Nation but upon Grounds of libertie and being a freer people then ever our fore-fathers were they may Establish new and others in their place So againe for his filling of mens eares with Remonstrances Declarations and Petitions of the Army at New Market Triploe-heath c. As to what hath been promised to be don for the Nation we suppose it will here be understood by all judicious and impartial hearers that whatsoever the General and his Officers Engaged for it was for the good of the people as in order to libertie safetie good Lawes c. He that promiseth a man six pence and gives him a shilling breakes not his promise but is better then his word so the General if by the good hand of God assisting him shall be an q It was a speâ—ch of Augustus Romanâ— lapideam incultam in veni marmoream reliqui And the Epitaph given to Constantine was Libertatori urbis fundatori Quietis In what condition England was before the General ingaged for the Liberties of this Nation it is wel known and how instrumentally he hath bin for the good of all good men we hope the Lord will so carry him on for the perfecting of the work that the formre sayings shall be applied more truly
doe him hurt or fasten a reproach upon him as not doing any thing whereby men might justly speake evil of him and for what they spake falsly and untruly of him he regarded it not We doe not speake this as if the Law hath not made provision against slander we have formerly shewed the contrary but in that the General hath hitherto been dumb and not opened his mouth as to Mr. Lilburns personal abusing and reproaching of him In this we thinke he hath don very well and therefore doe mention such good Examples of other f Quo quisque est major magis est placabilis ira faciles motus mens generosa capit Naso Trist l. 3. Great men who have don the like before Having shewed what Mr. Lilburn hath Acted against the Parliament the Lord Fairfax the General and chiefe Officers in the Army we come now to speake of the End or his Grand designe therein As the Pope first makes Princes Hereticks then Excommunicates them and afterward absolves the Subjects from their Alleageance to them g We read of one Monarcho a frantick Italian who imagined that all the Kings of the earth were his Vassals surely if Lilburn be not a mad man yet in his practice he is little lesse So deales Mr. Lilburn with our State first he makes the persons of our Governours Tyrants Murtherers Theeves then Excommunicates them and h Quere Whether Lilburn can prove that he can doe all this lawfully by Magna Charta cuts them off as being no lawfull Authoritie Afterwards proceeds to Absolve and set Free the people from yeelding obedience any more or further to them But howsoever in one thing here he is worse then the Man of sin and shewes himself to be more the lawlesse one For we doe not find that openly and avowedly the Pope doth desire that those Princes declared Hereticks and Excommunicated by him should be by the people afterwards murdered and put to death what he secretly and closely doth is another thing But such i Speaking of himselfe he sayth My soule abhorres to doe that which doth not become a man of gallant noble heroick mind And in another place He will not be single but double John Lilburn Doth he not here make his sayings good a bloudie Tenent is avouched by Mr. Lilburn that whomsoever he makes State-Hereticks and casteth out are to be destroyed Quicunque vult k Impeachment pag. 7. whosoever is able may lawfully doe it and so much we shall prove from his own mouth with the several wayes which he hath used to effect it 1. By instigating the people l A Declaration of the free CoÌ„moners of England touching their Engagemenâ— Vnanimously to resolve and engage one to another m Fundamental Laws p. 44. not to side nor fight for the Cameroes foliries and pride of the present men in power But to n Fundament p. 41. apprehend them as a company of theeves and murderers and for their present usurpation having plucked up by the rootes all legall and visible Magistracie in the Nation yea and justly may they be dispossessed by the first that are able to doe it O famosum spectaculum said Hannibal when he saw a pit of mans bloud so Valesas when he had slain thirty persons O rem regiam The proverb went of Draco that he wrote his Lawes not with inke but the bloud of men It seemes nothing will satisfie this man but o Had his treason taken effect England might have said Venit summa dies ineluctabile tempus dardaniae fuimus Tröes fuit ilium ingens gloria Teucorum ferus omnia Jupiter Argos transtulit Incensa donai dominantur in urbe Virgil Aeneid lib. 2. destruction of Authoritie Againe Souldiers as well as others are called upon to p Picture of the Councel of State p. 14. rise up against the Parliament as so many professed Traytors Theeves Robbers and high-way men and to apprehend secure q Galen speakes of a maid called Nupella that was nourished by poyson it seemes the poyson of Treason will not hurt this man and bring them to Justice in the next Representative This is cald r A Declaration of the Free Commoners of England a coming into the way and setting themselves with the utmost courage and Resolution to free their distressed Countrey from the feares and captivitie it now groanes under Was there ever Å¿ The idols of the Samoeds have their mouthes and eyes bloudie such a countenance hath this man feirce and terrible to looke on greater insolencie offered to a State or more desperate Treason ever spoken Among the Virginians he is the most gallant that is the most monstrous to behold It is no marvaile that Mr. Lilburn by some is so much commended as to be Iste vir a Nonesuch surely there is hardly another that is so monstrous in seeking to embroil the Nation in bloud But let us see how this is to be effected the manner and way Thus it is ordered We resolve with our t An Outcry of the young men and Apprentises of London pag 9 10. Burford Friends or their Commissioners running all hazard to methodize all our honest fellow-prentises in all the Wards of London and the out-parishes to choose out their Agents to joyn with us or ours to write Exhortative Epistles to all the honest Freemen in England in all the particular Countries thereof to erect several Councels among themselves out of which we shall desire and exhort them to choose Agents or Commissioners impowred and Intrusted by them speedily to meet us and the Agents of all our Adherents at London resolutely to u Sugred poysons go down pleasantly oh but when they are down they gal and gnaw and gripe the very heart-strings asunder if there be not extraordinarie remedie Thus it was with those Burford Souldiers who by his occasioÌ„ chiefly were drawn to mutinie ah how heavy did the remembrance of their former sin lie upon their conscience as rendring them liable to the wrath and displeasure of God as they sadly confesse in their Petition to his Excellency subscribed by 340. consider of a speedy and effectuall method how to promote the Election of a new and equal Representative or Parliament Thus he Howsoever this was a cunning designe and the more likely to take effect by reason he had before rendred both the Parliament and Army odious to the Nation Neverthelesse the Lord in much mercy to his people frustrated it to the shame of the Authour whilst he lives But 2. The former designe not taking effect the next was to make division between the Parliament and Armie as sometimes reproaching the Parliament to the Armie otherwhile slandering the x See Englands new Chaine first second part where so much is practised to the full Armie to the Parliament thus like y Note a speech of M. Lilburns He that would not have others tâ—l have Law why should he have
not stand still and suffer him to get up and ride him are Judges of the Law as well as of the Fact Here we have the man in another temper and we see he can as well flatter men as reproach them Altera manu fert lapidem panem ostendit altera This honourable Jury he handles like Brass-pots which be they never so huge yet a man may carry them by the eares where he will It is by the eares that he takes them and here he holds them off by base flattery as attributing unto them more then was ever given to any Jury before and what belonged not unto them neither by Law nor Reason Neverthelesse having them like Pots by the eares away he carries them from the rules of Justice and from what was their work as proper to them to doe that whereunto they were not called nor in the least therein concerned Moreover he charged them to consider r Judg Reader whether this was not a rationall question and to be by the Jury seriously considered of For seeing the safety of all the Cavalliers depended on his life had they not reason to quit him whether if I dye on the Munday the Parliament on Tuesday may not passe such a sentence against every one of you twelve and upon your Wives and Children and all your relations and then upon the rest of this City and then upon the whole County of Middlesex and then upon Hartford shire and so by degrees there be Å¿ It hath bin the saying dulce decorum est pro patria mori But he is now on the other hand and would gaine reputation honour to himself not by dying for his Countrey for that he hath no mind to but to have his life spar'd Pro patria vivere pulchrum no people to inhabit England but themselves Had he not understood the condition of the men he would not durst have uttered words so much tending to the disgrace of Authority and indeed to the dishonour and infamie of the whole Nation For had they been persons we say really affected to the present Government they would by this very speech have judged him a person most unworthy to live under that State t Some write of a certaine Devill whom they cal Hudgin who they say will not hurt any body except he be wrong'd This Parliament whom he speaks thus reproachfully of was not concern'd in his Case but as in point of Justice the application we leave against which such false malicious and scandalous words should be spoken Yet are not these words without weight in reference to the Jury for if the State like Demosthenes innocent foole would stand still and leave all things to twelve men as to be Keepers of the Liberty of England Judges of the Law as well of the Fact that is make void what Lawes of Parliament they please and leave Lilburns Case to stand for a President We should see in a little time such Conspiracies and Treasons committed in the Nation and no redres thereof as not onely all honest men their Wives Children and relations in Middlesex Hertsordshire but the whole Land over would utterly be destroyed and no people left to inhabit England but he and his Faction Being to close the first particular as to the Speeches which he used at his Triall we shall onely add this I call Jehovah to witnesse saith he and doe here protest before God Angels and men I am u This is wors and wickeder then what the Heathens allow for thus they say Hand equident honestum est proloqui mendacium sed cui tamen damnum magnum affert veritas par est dari huic loquenti in congrua Stob. But this man takes leave liberty to speak a lye yea to sweare it our right not the person intended to be banished by that Act speaking of the Act whereupon he was Indicted Such Asseverations and Oaths we find frequently in his writings A common practice of prophane and corrupt men whereby to beguile ignorant and simple people It is said of Dionysius the Tyrant though he loved not the Philosophers yet would he wrap himself in their Cloaks as thinking thereby men would have the better opinion of him It is possible this swearing and for swearing of himself is not a thing he cares for onely as occasion is useth it for advantage sake to get credit and belief with the people specially now to satisfie the conscience of the Jury And who knowes seeing they would not give any other answer when they were x There is some great mysterie here between the Jurie him as none know or may know but themselves For Griff. Owen of Bishops gate ward pray take notice of him he is a Brewer by Trade being one of Lilburns Jurie told the Councell of State That they found not L. Coll. John Lilburn guilty because he was not satisfied that the Prisoner was the John Lilburn mentioned in the Act. examined by the Councel of State but that they did satisfie their conscience in what they dâ—d but it was this that did satisfie them namely his protesting before God Angels and men that he was not the person intended to be banished It is true in this thing he did no more then what he was taught for it 's one of y Machiavel discourses l. 3. c. 9. Machiavels Grand Maximes Those that mean to effect great matters must not make reckoning what they say or sweare and know by their craft how to turn and wind about at all times And the Jesuites doe hold equivocation lying and perjury if it be as it was this mans case for safety profit and advantage They doe set open a Querie whether Mr. Lilb when he was in the Papists Countrey was never at such a schoole a School for deceit in which they teach an Art of lying b Cujus benefitio qui ad Nor mam mentiatur aut perjeret haud ille perjurij aut mendacij reus consendus sit Abbot Antilog Aâ—d Eudaem Ioan c. 2. in pâ—in fol. 11. fac 1. by the helpe whereof he that can lye and for sweare by the rule observe that shall be free from lying or perjury And thus much of his sayings now for his doings Here we find him at his c And no 〈◊〉 marvaile he hath kept on the trade so long considering how hee hath been left alone to write and say what he would without any contradiction or answer to it Whereas had his books been layd open and the vanity of theÌ„ discovered he would have beene broken in his trade before now old Trade publishing dispersing false and scandalous printed papers and Libels to occasion new troubles by slandering the Government of the Nation delivering them nudo capite bare fac'd and boldly with his own hands to severall persons both Citizens and Countrey-men Now because we have already shewed largely his practice in this particular and seeing what he hath done here again is the
same which he did be ore we shall therefore forbearing repition speake the lesse of it Not to mention how he dispersed the Petition delivered to the Parliament by six persons who called themselves Apprentices He delivered another printed paper entituled More light to Mr. John Lilburn's Jury wherein is asserted That a Parliament having its foundation only in the Common Lawes is but one of them and neither hath nor have d Wee may here speak to this man in the words of the message which was sent to the Rebels of Cornwall and Devonshire We let you wit the same hath been as nulled by the Parliament and not now to be cal'd in question dareth any of you with the name of a Subject stand against an Act of Parliament Holling Edw. 6. p. 100 s. power over the right of its fellow-standing Lawes to contradict alter or repeal any of them more then it hath power to destroy its own being That is the Parliament have not power over this pretious way of Tryall by Juries no more have they power to make that Fellony which by the Common Law of England is but matter of Trespasse As Solomon answered his Mother when she desired that Abishag might be given to Adonijah to wife Aske for him the Kingdome also The like may we say to such men as desire Mr. Lilburns liberty amongst us e As Mahash the Ammonite would not make any agreemeÌ„t with the inhabitants of Jabesh Gilead unlesse hee might thrust out all their right eyes so nothing will content this man but wee must give up to him our understanding light reason The saying is a man may buy gold too deare why doe they not ask our reason freedome priviledges safety c. seeing the case is one Never was there a thing tending more to perfect slavery what a Parliament no power f Querie whether Monarchy was not established by Law and whether it were a standing and fundamentall Law of the Land by which Kingly Government was established here to contradict alter or repeale any former standing Law Must those Lawes made by Popish Parliaments in the mid-night of blindnesse proper to Monarchy and Tyrannie and no way sutable or necessary to our present condition be continued But marvaile not Reader at the impudence and boldnesse of these men Aliquid latet quod non patet This is no new thing but what formerly Incendiaries have constantly practised namely g Our Irish histories give us many examples in this particular As often as the State of England wenâ— about to civilize the Irish and to take them off from their former barbarous and uncivilâ— customes the Popish Priests and other Incendiaries would be disquieting the minds of the people and to instigate them rather to rebell then not to do as their fore-fathers did when a State hath been about to reforme abuses by removing what is inconsistent to the present time and to establish better things in the place thereof here to take an advantage for the prosecuting of their Treason as to disquiet the minds of the people by false suggestions and by causing publick Tumults to hinder the going forth of the work of Reformation if they can So that we have here in stead of crying up Liberty and freedome the Trap formerly laid Bondage and Slavery stood for and this as a snare likewise Such a master-workman is he in the Black Art of Treason Such Birds as follow the Eagle in expectation to have a share with him in the prey are sure to perish if nothing be taken Our confidence is that Lilburn shall win nothing by seeking to destroy the power and priviledges of Parliament And therefore for his Juries and others who have accompanied him in his seditious designe are likely to come short of their h Quere whether it was not the expectation of the Jurie that their quitting of him being at liberty he should immediately have taken the great designe in hand for which he came over hic labor hoc opus expectation that is instead of a Booty to be loosers by it In the same Book it is further said Such Lawes as these being voyd Lawes who are to know them to be such but Juries i Who knows but the man had read the story how the Asse took upon him to judg betweeÌ„e the Cuckooe the Nightingale Now of all other the Asse might worse do it having no skill in singing The Iury men coÌ„fesse they took upon them to judg betweene the Parl. Lilb And who might worse do it who are the onely legall Tryers of all men in all Causes and they are bound in conscience to try all Lawes made by Parliament by the fundamentall Lawes and where they find them contrary and that men stand before them to be Tryed as Fellons upon these lawes they are bound in conscience to pronounce them not guilty that are no Fellons nor in the least deserving death as in Mr. Lilburns case and not to expect k Of his writings it may be truly sayd Virus pestis venenum Reip the direction of Judges and Recorders in the case who many of them lye under sore temptations of loosing their honour and place of profit in case they wrest not judgment to the wills of those that are in power Have not we fought well all this while and laid out the blood and treasure of the Nation to a good end that in conclusion we must have twelve men l Whether any of these 12. were fools we shall not say But whosoever shall read their Examination will conclude they were not honest men suppose two knaves and ten fools as often it is and these must be the Keepers of the Liberty of England be above Judges Recorders yea the Parliament it self to determine what is Law and as they tell us so we must acquiesce right or wrong There being no power or Authority above them to m Pray note how Richard Tomlins one of the Iury in his answer to the Councell of State told them that he was not bound to give any account in that businesse to any but God himself which is as much as ever any TyraÌ„t did challenge appeal unto be their Verdicts and sentence never so illegall and unjust The matter here is so irrationall and absurd as no answer is fit to be given to it then to wish those who are in Authority to take speedy care and course to suppresse such insolent and base assertions given out for no other end but to keep up distempers among the people Some doe well n Pareus in Rom. 14. ver 13. p. 469. observe that a more greevous punishment is reserved for them which cause others to offend then for them which sin by their occasion Thus the Serpent was punished more then Eve she more then Adam So Iâ—zabel felt a greater and sorer judgment then Ahab To sin saith one o Peccare non tantum in se perditionis habet quantum quod
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 illegall Verdicts of his JURIES both the former and 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 AVTHORITY Job 15.6 Thine owne mouth condemneth thee and not I yea thine owne lips testifie against thee Deut. 19.19 Yee shall doe unto him as he thought to have done unto his brother LONDON Printed by M Simmons in Aldersgate-street 1653. TO All our Countrey-men and Friends throughout the Common-wealth of ENGLAND PEACE and TRVTH be wished every where AS this Treatise is for a generall satisfaction of the Nation so wee have forborn all particular Dedications that it may without respect of persons finde acceptance alike with all men Wee have little farther to say then what is contained in the Booke only desire that the same may be read over with judgment We have purposely left out our names that the Reader may not wrong himself either through prejudice or partiality but look singly on the matter as it lies before him It is possible some may thinke there was no neede that so much should have been written as in reference to a particular person but lesse a great deale would have serv'd the turn To which we answer 1. It is well known that many honest minded people in regard of the severall Pamphlets which M. Lilburn hath spread abroad have been very much abused and mislead by him insomuch that without a large and clear discovery of his particular Crafts and deceits we doubted whether such persons would have real and full satisfaction 2 Because we find Mr. Lilb boasting oftentimes of his quick sharp pen wee have thought good to make one work of it that is to prevent his future Answer and Replies in doing so much at once as not to be troubled any more with him but to stopp his mouth and put him quite to silence 3 The man hath been so long a disturber of the peace of the Common-weaâ—th and acted such a multitude of seditious designs as we could not in a little give the Nation a just account thereof 4 As our desire is that those who are in Authority may go speedily forward with the work of Reformation so we conceive there being here full satisfaction given to the people of this Common-wealth a stumbling-block will be removed which he by his subtlety and craft had cast in their way But some may say you have spoken too much in the justification of bad men For answer Here we can appeale to God how farre we have been from pleading either for persons or things otherwise then what conscience reason and justice hath guided us thereunto It is chiefly the peace and safety of the Nation that wee have sought after And for this Nationall peace wee are willing to spend and to be spent and shall think our selves sufficiently rewarded if by the publishing of this Treatise wee may undeceive such people whom by his wiles and falshoods hee hath formerly deceiv'd and that hee may no more draw parties and factions after him For conclusion As in the publishing of this Book we desire a generall good so in particular Mr. Lilburn That he may see the error and evill of his ways No doubt it would be much for the peace and comfort of his soule another day If this counsell of ours were followed namely as hee hath given occasion of publick scandal to the world by his seditious and mutinous carriages so to make publick acknowledgment thereof Howsoever it shall be our desire As persons looking into a glasse doe thereby amend what they see to be amisse so this may serve as Mr. Lilburns LOOKING-GLASSE wherein he may not only see those foul and grosse faults which are as perspicuous and manifest as the Leprosie on Gehaza's fore-head but may under the sense and sight of them truly repent seek unto the Lord that in the blood of Christ they may be washt away The generall CONTENTS of the BOOKE THE Authors Encouragement and grounds to publish the Treatise page 1 2. The Case stated concerning Harrenton Collierie and the Common-wealths Interest in it p. 3 4 5. How George Lilburn and George Grey sought to defraud the Common-wealth of the said Collierie p. 6 7 8 9. The Iudgment of the Commissioners for compounding having heard what could be said on the behalfe of Mr. Primate by his Councell p. 10 11 12. Mr. Primates Petition to the Parliament p. 13 14. The Petition being read in the House how the Parliament proceeded thereupon p. 15 16. Mr. John Lilburn not banished for any particular or personall difference and contest between Sir Arthur Haslerigg and him p. 17. Grounds and Reasons upon which the Parliament might lawfully proceed as to his Banishment p. 18. 1 By that Law of God concerning the punishment of a false Witnesse which is opened and largely applyed p. 19 20 21. 2 Because the punishment of Delinque may be heightned upon Grounds and Reasons of State The which is prov'd in some particulars p. 21 22. Hence is asserted that no man hath been banished out of England for greater miscarriages then Mr. Lilburn hath committed against the State p. 23. The which is prov'd 1. Generally as being an Enemy to all Forms and kinds of Government p. 23 24 2 Particularly wherein is set forth 1 His rayling against Parliament men p. 25 26 2 His treacherous speeches against the Parliament it selfe p. 26 27 The Authors Observation upon the same p. 28 29 3 What hee hath published against the Armie And here is shewed 1 What he calls all the Armie Officers in generall p. 29. And why p. 30 2 How scandalously and falsely hee asperseth the Lord Fairfax being Gonerall p. 31 The Lord Fairfax his great patience towards him notwithstanding the others continuall treacherous designs against him p 32 3 His false and rayling Accusatiens against his Excellencie the Lord Generall Cromwell p 33 Generall observations given upon the said falshoods forgeries ibid. 1 It is an old State-destroying stratagem for Incendiaries to asperse men of publique spirits and such as deserve best of their Countrey p. 34 35 2 Seditious persons under the name of Liberty and complaining against arbitrary power Tyranny c. have usually sought to raise commotions and hurliburlies among the people p 35 36 37 3 How it is a politicke design of ambitious malicious and discontented people to seek the raysing of themselves by
the said Commissioners not daring as is humbly conceived to oppose the will and pleasure of the said Sir Arthur have contrary to cleare Evidence before them for your Petitioner refused to relieve him and have punctually pursued in their Judgement the Direction publiquely given by the said Sir Arthur That the said Commissioners being the onely persons authorized by the Parliament to heare and determine all Cases about Sequestred Estates Your Petitioner cannot be relieved from the o o Pejor est detractio in magni nominis viris quam in plebeis August lib. 3. cont Pet. l. 2. Oppression and Tyranny of the said Sir Arthur save by the Parliament or their speciall Order and Direction And your Petitioner hath been kept from his Possession above two yeares and the said Sir Arthur hath declared the said Collieries to be worth at least p p Whether he did say it is a question but this is without question had not the thing been of very great value Mr. Lilburn would not have made so much contention about it for his hand hath bin grasping great booties Witnesse the businesse of Haâ—feild Chase of which more in it's place 5000 l. per annum May it therefore please the Parliament in respect to the Publique Justice of the Common wealth to cause the truth of the Premises to be speedily examined and to provide for your Petitioners relief from the Oppression and Tyranny of the said Sir Arthur Haslerig and for the Dispensation of Justice without feare or favour as to your Wisdomes shall seem most safe And your Petitioner shall pray Josiah Primat The q Varro Romanes as it is reported kept in Capitolio certain dogs and geese which by their barking and gabling should give warning in the night of Theeves that entred in But if they cryed out in the day time when there was no suspition their legges were to be broken off because they cryed when there was no cause If the promoters of this Petition are as r Domesticum Testimonium stands noâ— good in Law Justin Inst l. 1. Tit. 10. Doctrina vana ratio ni accesserit Tull. they say themselves for justice and righteousnesse without respest of persons and against illegal and Arbitrarie actings God forbid we should speake against them but if they are as to the Parliament it did appeare so by their Censure deceitfull Workers false Accusers Defrauders prejudicial and dangerous to the Common-wealth we know no Reason but they should have their demerit accordingly To the matter then This Petition being by Lilburn and Primate given to severall Members of Parliament and afterward in the House avowed and justified by them both a Committee thereupon was appointed and power given to examine upon Oath and to send for persons parties witnesses and papers and to make report forthwith The Committee having sate Å¿ Note the honesty conscience of his honourable Jury as he cald them and who as he saith are the Keepers of the Liberties of England these without any examination of what was done in the twelve dayes found him not guiltie Like Gnato in Turrence Ais aio neges nego if you say it is thus so doe I if you say nay so doe I. But here how was that remembred Aequaliter utramque partem audire an old Attical Law twelve dayes upon the businesse and examined Witnesses produced on both sides and heard whatsoever could be said A report was made from the said t In a Pamplet lately printed entituled A Hue and Cry after the fundamental Lawes and liberties of England it is there sayd Many of the said Committee might justly be suspected of partiality greatly to favour Sir Arthur Haslerig 's cause and as much to discountenance Mr Lilburns cause Now we must beleeve this because Mr. Lilburn reports it As if neither the Committee nor Commissioners nor the Parliament were to be beleeved but onely his single testimony and bare saying Committee of their proceedings therein and of the matter of fact appearearing to them and the Evidence given them The House after long and serious debate Resolved upon severall Questions as to the civill part of the Petition and to the matter of Crime charged therein viz. That the Parliament doth approve of and affirme the Judgement and Resolutions of the Commissioners for Compounding in the Case of Josiah Primate That the aforesaid Petition is false malicious and scandalous That Sir Arthur Haslerig is not guiltie either of Oppression or Tyranny in the carriage and prosecution of this Businesse In a word whatsoever in the Petition contained any charge of crime as in reference to Sir Arthur Haslerig or the Commissioners for Compounding of unjust or unrighteous dealing after due Examination of all the particulars by the Committee and a full debate in the House appeared to be and so was judged and voted falshood and malicious aspersions Whereupon it was Resolved by the Parliament that all the printed Copies of the Petition should be burnt by the hand of the Common hangman A fine of 7000 l. Imposed upon Primate and committed to the Fleet there to remaine untill the aforesaid fine be paid The like fine of u Not that either he or Primate payd one penny of their Fines Neither hath Mr. Lilburns Estate been taken from him as he hath complained of and charged Sir Arthur Haslerig as if he had destroyed him his wife and children An absolute untruth as we understand for he hath enjoyed his Estate ever since as having been received either by his wife father or some other friend to his own use so that nothing hath been taken away from him by Sir Arthur as he most untruly reports 7000 l. was imposed upon Lievtenant Colonel John Lilburn and to be Banished out of England Scotland and Ireland and the Islands and Territories thereunto belonging and not to returne into any of them upon paine of being proceeded against as a Felon and in case of such return shall suffer death accordingly Before wee come to treat of the Act of his Banishment there are severall things to be considered 1. That it is most untrue which is by x Thus he writes Several of my friends in England may wonder why all this time I have not published the full state of the case between Sir Arthur Haslerig Mr. Primate and my selfe Mr. Lilburn and others affirmed viz. that the Reason and Cause of his Banishment should be of some difference and quarrel between Sir Arthur Haslerig and him whereas Sir Arthur was no further concerned in the businesse then to maintain as he was bound to doe the due title and Right of the Common-wealth which saith he some combining together wrongfully endeavoured to out and defraud the State of it It is no new thing to heare y Tacit. hist lib. 12. p. 395. So Ahab charged Elias to be the troubler of Israel wheras it was he his fathers house had don it men suum quisque flagitium alijs objectantes to
suo dolore esset Reipub injuri as ne largiretur Tacit. Annal. l. 3. p. 109. saith one may be as slow as he pleaseth in punishing injuries committed against his own person yet he ought not to pardon such as are don against the Common-wealth m Unhappie prosperitie first histo pag. 180. A Magistrate saith another who hath discovered a Conspiracie and seemes fearefull to remedie it is as faultie as the Conspirator himselfe But to proceed Neither hath Mr. Lilburns n As the swine spareth not his mouth from any filthy and uncleane thing So he spares none whatsoever their place worth or deservings are rage rested here but it hath as much appeared and broken forth against our Armie specially the great Officers and such as command in chiefe These are cald o See his bookes viz The picture of the Counsel of State Englands new Chaine first and second part The legal foundamentall Lawes Liberties c. An Arraignment of Oli Cromwel c. The Out-cry of the young men c. where all this and much more is expressed New Tyrants perfidious cruel Tyrants Apostatiz'd Tyrants Turkish Janisaries Traytors Theeves Beares Wolves inhuman bloudy butcherers of men the scum riffe-raffe and trash of the Nation Insulting Oppressors men that walke by no Rules or Principles either of honestie or Conscience subverters of Lawes and Liberties setters up of the highest crueltie villanie slavery that can be imagined even Tyranny at the hight Thirsters of the bloud of such Souldiers as are of action for Common freedome and safetie have enslaved the Common-wealth to their ambition lust covetousnesse domination taken away mens lives for no other end but to make way for an absolute domination have brought the Land into a more dangerous condition by far then they found it even the vilest and basest bondage that ever English men groaned under so that the cruel Tyrant Duke D'Alva or bloudie Queen Mary are not so bad as these yea the King is much more excusable then they so Hollis and that partie Note Reader how Mr. Lilburn here is semper idem Can the Blackmore change his skin In some fenny Countries where people are troubled with Gnats they use to hang up dung in the midst of the roome as a bait for the Gnats to flie to and so catch them as being a net or snare provided for that purpose We know not whereunto this mans lying rayling and devouring words may be more fitly compared then to such p Lilburn speakes of his Excrements which he judgeth not mean enough upon equall termes to Ballance against Cornet Den and Jo Canne Arraignment p. 3. It seemes he voyds them here as hanging up his dung for Cavileer-Gnats to stick at It is Evident enough that the Malignants would not inquire after his Pamphlets nor read them if it were not for his rayling against the Parliament Councel of State Army As for his talke and vapouring about the Law they regard it not it 's the dung ExcremeÌ„ts which he voyds at the mouth that the Malignant Gnats sly to a dung-Trap Indeed he can speake it by experience of a multitude of Malignant Gnats which he hath already taken in this snare in so much as there is not almost a secret Conspirator a false-hearted Traytor a fling fire 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a boutefue as Nestorius was cald one that seditiously seekes to destroy the Common-wealth but this serves as a Trap purposely layd to catch them Neither is he satisfied to call them thus Tyrants Murtherers Traytors c. altogether but particularly and personally the Lord q Tunc tuâ—res agitur paries cum proximus ardet it had been well if some had remembred it Fairfax first whom the Lord hath made an eminent Instrument of much good to the Nation him he cals r An Impeachment of high treason pag. 2. A great Tyrant standing by the power of his own will and a strong sword born by his vassals slaves and creatures having no Commission to be General either from Law the Parliament or from the prime Lawes of Nature and Reason Againe Å¿ A Salva libertate to Col West The General Lord Fairfax and his Forces hath broken and annihilated the formal and legal Magistracie of England yea the very Parliament it selfe and by his will and sword absolute Conquerour-like hath most tyrannically erected set up and imposed upon the free people of this Nation a mock Parliament c. t The picture of the Councel of State second Edition p. 14. So in another place the General meaning the Lord Faixfax is but their stalking Horse and a Cypher u The peoples Prerogative pag. 55 56. one whom they lead hoodwinckt to the pits brink of his own ruin and destruction Againe x The legal foundamental liberties p. 38. Corah Dathan and Abiram were never such Rebells against Authoritie as the General viz the Lord Fairfax and his Counsel are nor the Anabaptists at Munster with y You mistake the comparison John of Leiden and John Lilburn are alike John Lilburn is stiled Defender of the faith An Alarum to the House of Lords Title Page And John of Leiden his Title is Johannes Rex Nove Hierosolymae Rex Justitiae super universum orbem John of Leiden and Knipperdullion were never more contemners of Authoritie nor z He forgets here his name sake John Liâ—istor a Dyer who at the same time tooke upon him the name of the King of the Commons Jack Straw and Wat Tyler nor all those famous men mentioned with a black pen in our Histories and called Rebells and Traytors can never be put in any scale of equall ballance for all manner of Rebellions and Treasons against all sorts and kinds of Magistracie with the General and his Councel There is a great deale more and worse too which his licentious mouth hath vomited forth against this honourable person which is so base and scandalous as we are loth to repeat it Flyes as they are ingenious to doe mischiefe on grapes so they are suttle tasters to choose the ripest and sweetest for their pallat As we had not then in the Armie a choicer man nor a man more a Pejor est detractio in magni nominis viris quam in plebijs Aug. lib. 3. cont Petil. eminent and faithful then the Lord Fairfax so he had not in the Land a greater Enemy and b Regnorum pessima pestis feditio Traytor to him and one who more sought his ruin by raising mutinies and seditions perpetually amongst the Souldiers then John Lilburne he was no other but c As the fire-fly leapes and danceth in the fire so it was matter of joy to him to see Commotions in the Land a fire brand where he came and this the Generall well knew and might have sayd d Lucan l. 9. Noxia serpentum est admixto sanguine pestris Morsu virus habent fatum in dente minantur So hurtfull are the
Command neglect duties make uproars and tumults in the Nation As for other Courts in this case n Witnesse Mr. Lilburns first and second Tryall in both which he was quitted by the Juries though as great a mutineer as hath been known in any age As the victories wonn by Alexander and Julius Caesar are not to be attributed so much to their valour as to the condition of the people in those dayes so Mr. Lilb escaped not by his skill in Law or truth on his side but through the fault and errour of his Juries Mutineers will little regard them Thus we have shewed what mischiefs to the Nation by using others as his instruments hee hath attempted to do We come now to declare wherein his Designs and Resolutions have been far wors and more abhominable even so in humane and barbarous as no tongue or penn but his owne would have durst to set them forth to the world And this concerns his designs and resolution to o Vbi est fervida vindicta non est temperata justitia Cassiodor murder and massacre such persons we speak here of his intent who have disliked his treacherous plots and from time to time endeavoured to hinder the execution of them 1. For Sir Arthur Haslerigg what he meant to do by him as to the taking away of his life he hath published it himself p A just reproof to Haberdashers Hall pag. 6. Meeting Mr. Pearson at the George in Channel-Row this message by him he sent his Master As he loved his Masters life and welfare I intreated him saith he to tell him I wore a good Dagger by my right side and a good Rapier by my left side if within eight dayes he did not send me all my money or give me some rationall satisfaction let him looke to himselfe for after that day where-ever I meet him I would pay him for altogether though I were cut in a thousand pieces on the very place Judge READER are these the words of a Christian or rather a Heathen and one that seeks nothing but himself and his own Interest what would this q If a State in a prudentiall way will not suffer devouring Beasts to be at liberty whereby meÌ„s Cattell might be destroyed More carefull should they be of shutting up such beasts who openly declare that they will stab and kill such men as refuse to do what they require of them fellow do had he r Sic voleo sic jubeo sit pro ratione voluntas power in his hand that threatens thus to stab and kill in reference only to his own particular Case The cruelties and infamies of Caligula are imputed to the Nurse that gave him suck the which being cruell and barbarous of her selfe rubbed the ends of her breasts with blood causing the child to whom she gave milk to suck them Whose milke this man suck'd we know not Å¿ Dicearchus set up two Altars the one to Cruelty the other to Iniquity upon the which he sacrificed and prayed as to the gods whether Cruelty and Iniquity be not his great Diana let the Reader judg but this is certain if out of the aboundance of the heart the mouth speaketh t It is without all peradventure should this man and his party once rule they would make such Lawes as might well bee caled Officina scelerum carnificina sanctorum shops of wickednesse and shambles of the Saints he hath taken in so much self-revenge and seeds of crulty and murder that like another Caligula the peace of a Nation and safety of mens lives lie at the stake where he hath Freedom to act according to his Resolution But 2. concerning his wicked intent to murther the Lord Generall Cromwel u We have here fulfilled what a learned Author writes There is nothing endures so small a time as the memory of benefits received and the more great they are the more commonly are they recompenced with in gratitude Gâ—…c hist l. 4. he hath openly avowed it to the world that had it not been for the affection which he bore to his Wife and Children and the assurance which hee had to see the Generals downfall without his killing of him and himself an instrument for the restauration of Englands liberties and freedom he had absolutely destroyed him with his owne hand before hee went in to Holland And that the Reader may be fully satisfied in the truth of this we shall here set down his own words x Note that he makes meÌ„tion of his intent to murder the Gen in other places besides what he saith here Therefore my Lord sit as fast as you can in the strength of the Lord God Almighty see how the wretched man prophanes the name of God have at you if I perish I perish As you were p. 33. If it had not been for the strong affection I bore to her and my poore babes whom willingly I would not leave beggars when I dye for that I had some grounded assurance in my owne spirit that I should live to see his downfall and the full restauration of our English Liberties and Freedoms and my selfe be an Actor or Instrument to procure it without so apparant hazard to my life as such an Act would be y The wonderfull wisdom of God is to be seen here that this mans tongue should reveale the wickednesse of his own heart and that he should glory thus in his own shame as counting it his grace to be graceles I had with my owne right hand at the House doore avowedly ended the quarrell betwixt him and me and the rest of the free-born people of England With a paper of Reasons in my left hand ready to be sent unto the Speaker and with severall others in my pocket to justifie to the whole world the lawfulness and justness of such an Action both by the lawes of God Nature and Nations Wee need not z It went as a proverb of Cranmer Do my Lord of Canterbury an ill turn and you shall be sure to have him your friend for ever If Mr. Lilb continual treacherous dealing against the Gen be considered and his Excellencies readines notwithstanding upon all occasion to doe him good It might be said of Cromwel as the proverb went of Crammer comment upon the speech his unparallel'd wickednesse is enough shewed by his own mouth Notwithstanding some things we shal infer from it 1. Hence all men may clearly understand the end of Mr. Lilburns coming lately into England Namely to effect what he had promised to the Duke of Buckingham the Lord Hopton and others a So much is testified by Isaac Berkenhead Je Titus Joh Bartlet Rich. Foot which was for 10000 l. he would destroy the Parliament Councell of State AND THE LORD GENERAL settle Charls Steward King of England in his Throne in England b It is true he denies all thâ—s but he knows the old saying in loco facere in
Metuebant in me omne in Eunuch Libels which are made he cannot but think and say Lilburn hath been here this is his worke for who but hee would write of stabbing killing murdering things so in humane and horrible as no man that is conscientious and honest would retain a thought of such wickednesse much lesse boastingly and pragmatically as he doth expresse the same but only such a one as cares not what evill is committed so it be to the satisfying of his malice and lust But 3. Neither hath it been the resolution of this man to stab and kill particular persons but like an other r Metuebant in me omne in Eunuch Gnato that the world might wonder at him and be afraid of him it hath been in his mind to murder and destroy a great number of people Å¿ It is worth the noting what this man speaks of himself I have the affections of thousand of MINE HONEST and endeared Friends in England who I know doe look upon me as a single hearted honest just plain spoken English man that hath been valiant couragious for the regaining and preserving their freedom liberty and if I should loose mine interest with my honest friends I were but single John Lilb nothing at all considerable either to be loved or feared Iohn Lilb revived p. 9. See Reader how he is double Io terrible Ioh and he must be valiant in stabbing and killing at least with his tongue that hee may not loose his interest with his honest Friends a whole Parliament of men at one time yea and as so many Weasels and Poulcats And that the Reader may see wee doe not report any thing of him but what he hath in the pride of his own heart openly declared we shall set down his own words without substraction or addition In a Letter to the Lord Faixfax which is extant under his own hand thus he writes Truly Sir give me leave to tell you without feare or dread had I come or 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 these grand treacherous fellowes and Tyrants at Westminster that have not only tyranniz'd over me but the whole Nation I should have made no more scruple of conscience with my owne hand to have destroyed them then to have destroyed so many Weasels and Poulcats The power of the Spartan Ephori was very great but not to kill any man Neither doth he find any Law for this in Magna Charta Cokes Institutes Liberty of Rights Besides he will not allow a Parliament to constitute a High Court of Justice as that any man in such a way should be put to death though never so great a Tyrant Traytor and Murtherer Neverthelesse and mark it good Reader t It wa a cunning trick which Themistocles was once taught by a man of Lacedemonia that because they might not take the Tables away wherein a law was engraven he should therefore turn them up side down which was as good as to take them away altogether This is the trick which Mr. Lilburn hath learnt though he cannnot take the Laws away yet he can turn them up side down for example if he be a Traytor yet must he be tâ—yed by 12. men of his own chusing If another be an honest man but by him judgd a tyrant he may kill him for the Tables are now turned he can himself without the least scruple of conscience kill and destroy men as so many Weasels and Poulcats yea and without his honourable Jury of 12. men This is John Lilburn The Defender of the Faith the Great Assertor of the Fundamentall Lawes and Liberties of England A sufferer for all free Commoners After Nero had occasioned much mischiefe to the Common-wealth he wrote to the Senate like Lilb when he held a paper in one hand to be sent to the Speaker intending with the other hand to kill the Generall u Ad Senatum literas misit de caede Syllaeplautique haud confessus vorum uniusque turbidum ingenium esse sibi in calumnâ—atem Reip. magna cura huberimo cunctas sibi curas amore patriae leviores dictiâ—ans vidisse civium maestos vultus audire secretas quaerimonias Tacit Annal. lib. 14. Accusing some persons whom he had murdered to be turbulent and factious men and that hee had a marvellous care for the peoples safety yea all the cares were nothing in regard of his love to the Countrey that he had seen the sad countenances of the Citizens heard their secret Complaints c. Whether Lilburn had ever seen this in Nero and aspis a vipera learnt it of him we cannot say but as good wits often meet so that Tyrant and this Chius ad coum in their bloody designe are alike For had he destroyed the persons or any of them as he most wickedly intended There was a writing to goe forth wherein as in Capitall letters might have been declared thus WHEREAS I J LILB LIKE NERO HAVE MVRTHERED SVCH MEN IT WAS BECAVSE I DID NOT LIKE THEM FOR THEY WOVLD NOT x Mr. Lilburn speaking of a method which he had a long time laid downe which is to destroy Generals Patricians Senators or Parliament-men as the ancient Romans and Grecians did He concludes thus Let my bloody and malicious Adversaries thanke themselves in not letting me alone to sit under mine owne Vine in Peace quietnesse Lilburn revived p. 10. Now 't is out we ever thought that he sought only himself though many ignorant of his wiles have been otherwise minded HELPE MEE TO MONEY AND LAND AS I EXPECTED BESIDE I HAVE HEARD THE SECRET COMPLAINTS OF SOME AS TREACHEROVS TO THE STATE AS I AM WHICH WOVLD HAVE ALL GOVERNMENT AND AVTHORITY TRODEN VNDER FOOT AS WILLINGLY AS MY SELFE Having thus truly laid open Mr. Lilburns y Of certain turbulent spirits it is said Illis quieta movere magna merces videbatur Salust They thinke the very disturbance of things quietly established are only sufficient to set them at worke The former particulars duly considered this saying cannot be applyed to any man more truly then to Lilburn CASE AND CRAFT we shall proceed now to his Tryall And here we purpose to Try his Tryers to the end it may appeare to the world how honest and conscientious they were and what Reasons there are to continue Juries by 12. men if the State meane to allow and countenance Treason any longer First for the Act declaring Mr. Lilburns Fact to be Treason it was read to the Jurie The words are as follow AN ACT Of the 14. of May 1649. declaring what Offences shall be adjudged TREASON WHereas the Parliament hath abolished the Kingly office in England and Ireland and in the Dominions and Territories thereunto belonging and hath resolved and declared that the People shall for the future bee governed by its owne Representatives or Nationall meetings in
Councel chosen and intrusted by them for that purpose hath setled that Government in the way of a Common-wealth and free State without King or House of Lords Be it therefore Enacted by this present Parliament and by the Authority of the same that if any person shall maliciously or advisedly publish by z z Note how all men who have acted by the principles of Reason and Nature have been ever more carefull by strict laws to stop the publishing of seditious books Thus Plato Plutarch and the wisest of the Gentiles in their models and plat-forms of civill GovernmeÌ„ have always given order that infamous writings should not be permitted such as aspersed the GovernmeÌ„t tended to mutiny and factioÌ„ but the Authors therof severely punished Famost Libelli convitia contumelia detractiones publicae sunt a Magistratu coercendae ut pax inter cives maneat Plato l. 11. de legibus So Plutarch lib. de Civil administrat Neither are there any Christian States-men but in their Republicks say as much Libellos famosos sive pasquillos magistratus spargi prohibeat eoruÌ„que authores disseminatores graviter coerceat Ketkerm System Polit. l. 1. c. 22. So our own Statutes Seldom an Act was ever made concerning Treason but there is mention made of scandalous books against the State Anno 1 Edw. 6. Cap. 6. So Anno 8. Edw. 6. Cap. 1. Anno 1 2 Ph◠〈…〉 â—o Anno 1 Eliz. c. 6. writing printing or openly declaring that the sayd Government is tyrannicall usurped or unlawfull or that the Commons in Parliament assembled are not the Supream Authority of this Nation or shall plot contrive or endeavour to stirr up raise Force against the present Government or for the subversion or alteration of the same and shall declare the same by any open deed that then every such offence shall be taken deemed and adiudged by this present Parliament to be high Treason And whereas the Keepers of the Liberty of England and the Councell of State constituted and to be from time to time constituted by authority of Parliament are to be under the said Representatives in Parl. entrusted for the maintenance of the said Government with several powers and authorities limited given and appointed unto them by the Parl. Be it likewise Enacted by the Authority aforesaid that if any person shall maliciously and advisedly plot or endeavor the subversion of the said Keepers of the Liberty of England or the a a How hee had denied the lawfulness of their Authority thrown scorne and contempt upon them is well known Qui peccantur coram omnibus coram omnibus corripienda sunt ut omnes timent Aug. de verbis domin Councell of State and the same shall declare by any open deed or shall move any person or persons for the doing thereof or stir up the people to rise against them or either of their Authorites that then every such offence and offences shal be taken deemed and declared to be High Treason And whereas the Parliament for their 〈◊〉 and lawfull defence have raised â—d levyed the Army and Forces under the Command of Thomas Lord Fairfax â—d are at present necessitated by reason 〈◊〉 the manifold distractions within this â—ommon-wealth and invasions threatâ—d from abroad to continue the same which under God must be the instrumental means of preserving the wel-affected people of this Nation in peace safety Be it further Enacted by the Authority aforesaid that if any person not being an Officer Souldier or member of the Army shall 〈…〉 to â—ch hâ—ld of any to 〈◊〉 with their â—ill they will bite and pull so hard to have it that many times they break their owne necks withall before they leave their hold Never man pluckt harder then this man in plotting contriving and endeavouring to stir up mutiny in the Armie So that if this place of the Act had been duly prosecuted he had broken his neck for his 〈…〉 plot contrive or endeavour to stirre up any mâ—tiny in the said Army or with-draw any Souldiers or Officers from their obedience to their superiour Officers or from the present Government as aforesaid or shall procure invite ayde or assist any Forreigners or Strangers to invade England or Ireland or shall adhere to any Forces raysed by the Enemies of the Parliament or Common-wealth or Keepers of the Liberty of England Or if any person shall counterfeit the great Seale of England for the time being used and appointed by Authority of Parl. That then every such offence and offences shall be taken deemed and declared by authority of this â—arl to bee High Treason And every such person shall suffer pain of Death and also forfeit unto the Keepers of the Liberty of England to and for the use of the Common-wealth all and singular his and their Lands Tenements and Hereditaments Goods and Chattels as in case of High Treason hath been used by the Lawes and Statutes of this Land to be forfeit and lost provided always that no persons shall be indicted and arraigned for any of the offences mentioned in this Act unlesse such offenders shall be indicted or prosecuted for the same within one yeare after the offence committed We shall not here take in the whole businesse which as c Namely in a book entituled The tryall of Liuet Coll John Lilburn which he well approves of and is willing the world should see published is an homaeologia one thing said often over and over but in short this wee say That the Witnesses and Proofes produced on the Common-wealths behalfe were full and legall against Lieutenant Colonel John Lilburn in point of Treason And thus we prove it 1. Howsoever the Statutes which he repeated say That no man shall be condemned for Treason petty Treason or any such like crime but by the evident and clear proofe of two lawfull and sufficient Witnesses Yet the same Statutes do likewise say If the offender himselfe confesse the Fact it is as much as two yea as tenn Witnesses And this was Mr. Lilb Case TREASON CONFEST Thine owne mouth saith Eliphaz to Job condemneth thee and not I yea thine own lips testifie against thee For the Objection which hee made that there was no man there to swear it was his hand It was the vainest and absurdest shift that could be devis'd What need was there for the Councell of the Common-wealth to prove that which proved it self or was d Coke saith we shall set down his own words Cardinall Pool albeit he was a Subject to Henry 8. and of the Kings blood being descended from George Duke of Clarence brother to King Edw. 4. yet he in his booke of the Supremacy of the Pope written about 27. H. 8. incited Charls the Emperour then preparing against the Turk to bend his force against his Soveraign Lord and Countrey the WRITING OF WHICH BOOKE WAS A SVFFICIENT OVER ACT WITHIN THIS STATVTE Note that the State needed no more proofe to charge him with Treason
rob'd an idoll Temple and at his return by Sea had a faire gale and pleasant weather to waft him home with his spoyls See saith he how the Heavens smile upon us and how the gods are pleased with what we have done It 's likely enough all things going thus prosperously forward Mr. Lilburn might say in his heart God hath forgotten he hideth his face he will never see it but a Heathen could have taught him otherwise q 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 cernit deus omnia judex But to proceed with our discourse At the making of those Leases Nodell openly declared in the presence of twenty persons that he would lay twenty shillings with any man that AS SOON as Lilburn came to London there should be r And reason too For what Truant would not rather have the rod burnt then to be whipt with it a new Parliament no doubt but the other had told him so and Lilburn would Å¿ But where then is the people liberty and freedom if M. Lilburn may doe all this call this Parliament to an account so said Jacke Straâ— and Watâ—yler â—urther adding that seeing they had now t Post dulcia a mara sweet meat will have sowre sauce finished this of Lincolnshire meaning by riots and fraud gotten the lands from the Petitioners they u Not stay till they are sent for But note here how to go from Towne to Towne and cast down Iâ—cloâ—uâ—es this the law mak's levying warre and so Treason how will Noddel answer this would goe over into York shire to the rest of the Levells and doe the like there and so would gâ—ve x So doe Thiev's make worke for the Hang man but they had been better to havâ— sate still worke enough to the Attorney Generall One thing more at another time was delivered by the said Nodell Having now stated their Case they would print it and naile it the Parliament doore and if they would not do them Justice they would come up and make an out-cry and y And why not destroy them too as so many Weasels and Poulcats It seems the man is but a learner yet pull them out by the eares Neither is it to be forgotten that the aforesaid agreement being made viz. the 2200. acres of land to be divided between Lilburn Wildman and Noddel this they caused immediately to be measured out and took the same into their possession according to the proportions mentioned And agreed with severall persons to let out some considerable part thereof whereupon Mr. Lilburn he repairs the house built for the Minister partly pul'd downe by the Rioters before and puts his servant therein to keep possession and having driven away both the Shepheard and the Flock hee employes the place in which they publiquely met to the use of a Stable Cow house Slaughter-house and to lay his hay and straw therein This being so nomen mutatum Instead of Sir Arthur Haslerig Lilburns name being read whether the Petitioners may not truly say in a A just reproof to Haberdashers Hall p. 37. Again as in another place Mr. Lilburn hath most maliciously premeditately and in a despight contempt of the Law of England and most treacherously in subversion thereof hath exercised a tyrannical arbitrary power over and above the Law A preparative to a Huc Cry pag. 36. his own words Lieut. Coll John Lilburn and his associates have destroyed and levelled our proprieties and in our Case subverted the Laws and Liberties of England and exercised an arbitrary and tyrannicall power over us without any shadow or colour from Order Ordinances or Act of Parliament to the unsufferable and unspeakable indignity and dishonour of the Parl. We shall adde no more but close with this It is witnessed upon oath that Mr. Wildman was present when Mr. Lilburn made the bargain That they two in consideration of * Nec venit in mentem quorum consideris armis 2000 Acres and 200 to Noddel of the land so laid waste should defend the Inhabitants from all b Sueonius writeth that a Physiognomer being demanded what he thought concerning the naturall inclination of Tiberius the Emperour Answered I see in him 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 dirt mingled with blood Thereby intimating that he would prove a covetous and cruell Emperour the dirt in his complexion representing filthy lucre and blood cruelty Riots both past and to come and at their charge maintaine them in the possession of the 52000 Acres And likewise was present when the Deeds were sealed to Mr. Lilburn and himself of the 2000 acres according to the conditions aforesaid so that the truth of the c Accipias nunc O anium insidias crimine ab uno disce omnes Virg. Aene. lib. 2. Narrative is not any way questionable Because this business is depending in Parliament who no doubt are very sensible of the high Insolencies and abuses committed and will doe Justice therein accordingly we shall say the lesse to it only will give the Reader some Observations upon the whole 1. Howsoever Mr. Lilburn seemes sometimes to be so tender of the Law as if none like himself were so conformable to the practicall part thereof d It remains upon record to the lasting infamy of the Cardinal of Cremona that standing and pleading against Priests marriages was himselfe taken the night following in bed with a whore No lesse is it a sin and shame to this man to plead so much as somtime he will do for Law Justice and at other times when it is to satisfie his owne lust and pleasure not a greater traÌ„sgressor of law and justice then he Neverthelesse where he hath seene profit and advantage there hee hath made it but as a Spiders webb blown it easily away and broken thtough it Coke sometimes is his great Master but in this business of Hatfield Chase he will allow of no such Cook to dress his meat In the third part of his Institutes concerning high Treason hee hath these words e Ch 1 p. 9 10 There is a diversity saith hee between levying of Warre and committing of a great riot a Rout or an unlawfull Assembly f See Rot. Parl. in Cro. Epipham 20. Edw. 1. Rot. 23 Humfrey de Bobuns Case 4 Eliz. 210. b. Dier See the Stat. of 2 Mar. Cap. 2. By which grand Riots in some Cases are made Felonie Pasch 39 Eliz. by all the Judges of England he being Attorney Gen and present For exampl as if three or four or more do rise to burn or put downe any Inclosure in Dale which the Lord of the Mannor of Dale hath made there in that particular place this or the like is a Riot a Rout or an unlawfull Assembly and no Treason But if they had risen of purpose to alter Religion established within the Realm or Lawes or to g The very Case which Lilburn undertakes to defend theÌ„ in both in respect of what they had done or
of men h He faith himselfe that he hath a quicke and sharp pen he might have added and a tongue sharper then an arrow more contemptible then ever the foolish and ridiculous actions fathered upon and said to be committed at Munster in Germany by John of Leyden and Knipperdoling whom in follie murder madnesse and ridiculousnesse you have visibly in the face of the world out-stripped And already made good the truth of the worst of the Kings sayings against you or the sharpest and bitterest of his pens against you And who in historie must leave behind you to future ages the blackest name that ever the sons of men had and for you no defence or excuse or shadow of a bare figleaf-covering can be made for you i Here we may see how falsely he speakes when hee saith In all my actions and carriages beyond Sea I have beene to the utmost of my power understanding and ability as studious and industrious a reall wel-wisher to the prosperity of the people of ENGLAND in generall as ever I was in my life A defensive Declaration of Lieut Coll John Lilburn page 16. He knowes qui nescit dissimulare nescit impeâ—rare It was the policie of Ziba to devise a lye against his Master and then to speak of it himself unto David whereby to alienate the Kings affection from that honest man k So did Nero when hee had set Rome on fire he falsely charged the Christians with it The very same here is Lilburns designe hee raiseth falshoods and slanders against us and then spreads them abroad in other Nations as thinking by this means to divide all people from us But 2. As we have observed before how Mr. Lilburn like the Pope makes our Governours State-Hereticks and then proceeds to cutting off So it was his design beyond Sea And because this businesse is of great concernment we shall therefore first set down the particulars whereof he is accused and by whom and then give the Reader some rational Considerations as to the truth of the thing 1. Isaac Berkenhead affirms that hee heard Colonell Charls Lloid Engineer Gen and Quarter-master Gen to the late King Captain Luke Whittington Agent to Charls Stuart Captain John Titus and Captain Bartlet say That Lieut. Col John Lilburn had l In the Laws of Dâ—…co there is nothing memorable but that it was appointed death for the least crimes there is hardly any thing remarkable in Lilburns writings but the fury and madnesse of the man as if hee would kill destroy every body that is in his way proposed severall times to Sir Ralph Hopton and sometimes to Coll Charls Lloid aforesaid severall others that if the aforenamed persons would procure him m Well may the love of monie be said to be the roote of all evill For what wickednesse is there but a covetous man will commit if he may gaine by it 10000 l. he would destroy the Lord Generall Cromwell the Parliament and Councell of State that now sitteth at Westminster and settle Charls Stuart King of England as hee called him in his Throne in England or else hee would have a piece of him nail'd upon every post in Bruges I further observed saith he from Lieutenant Coll John Lilburn and others who told me of his actions that the Lieut Collonel did not only move with much violence and earnestnesse shewing which way he would bring this his proposed design about but n This is the more likely to be true because wheÌ„ he was in England it was his constant practice to goe from place to place to stirr up as many as he could to seditious courses went from person to person whose reputation he thought could o O cives cives quaerenda pecunia primum virtus post nummos procure so much as he proposed for the advancement of this his declared designe and whose affections and opinions were most sutable to further him in such employment Thus he 2. Captain John Titus saith that the said Lieuten Col John Lilburn proposed to the Lord Hopton that if he would procure him ten thousand pounds hee would p One of Mr. Lilburns friends writes thus It is a firme law and radicall principle in nature ingraven in the heart by the finger of God in the Creation for every living moving thing wherein is the breath of life to preserve award and deliver it selfe from all hurtfull things destructive and obnoxious thereto to the uttermost of his power Overtons Appeale pag. 3. If this be true then hath the Common-wealth of ENGLAND great reason to looke about and beware of this mans designe destroy the Common-wealth of England in six months or he would have a piece of him nail'd upon every post in Bruges The Lord Hopton told the said Lilburn that it could not be so facile a thing though hee believed it might be done but not in so short time To which the said Lilburn replyed My Lord I 'le shew you how it shall be done give me but the monies I propose for and I 'le have my Agents for I have enough of them that shall give me an account of all the Common-wealth of Englands proceedings And by those q But who are they Vaine and light fellowes like such as followed Abimilech Agents I will spread my papers abroad that shall instigate the people against the Parliament so by that r Wee hope when this Case and Craft which is here discovered shall be understood by the people of this Nation hee will have little cause to boast any more of Power here power I have already and that power my Agents shall make by working upon the people I will destroy the Parl. the Councell of State and the Lord Gen Cromwel in halfe an hour So he 3. Captain John Bartlet saith About the 20 of July 1652. in an Arbor in Plaringdoll three miles from Ostend in Flanders Lieut. Coll. John Lilb did propose to Coll. Charls Lloid Quarter-master Gen Engineer Gen to the late King in the late Wars in England and to Capt. John Bartlet the Examinant and Captain Luke Whittington Agent for the King of Scots that if the said Charls Lloid or any of the aforesaid persons would procure him * It is reported of one who for the like sum of money was hyred to kill a man And having done it hung the money about his neck and went up and down offering it to any man that would cut his throat post duca amara Gravior Inimicus qui latet sub pectore 10000 l. he the said Lilburn would settle the King in his Throne to wit Charles Stuart in England And that the King to wit Charles Stuart should never come into his Throne but by the said Lilburns means 4. Richard Foot affirmeth that hee heard Mr. Lilburn speak these words If my Passe come not up and I find that its Cromwel that hinders it as it must be for it lies in his power I
propose for and I le have my AgeÌ„ts for I hav enough of them that shall give me a continuall account of all the Common-wealth of Englands proceedings And by those Agents I will spread my papers abroad that shall instigate the people against the Parliament and so by that power I have already and that power my Agents shall make by working upon the people I shall destroy this Parliament the Councell of State and the Lord Generall Cromwel in halfe an houre way to give him a box on the other eare And if I do not doe it heartily and to the purpose I wil freely give them leave to account me a knave for my paines And if I do it heartily and effectually although it be not in every punctillio in their mode yet I am sure x Note how hee openly declares to be an Enemie to this Common wealth and would ingage in the behalfe of the Dutch to the prejudice of our Nation Quidquid hostis facit jure belli agit ac suspitit licet turpiter saepe facit quod sit hostis tamen cum hostis sit turpiter non bellum gerit Arg. l. 4. Si sed quod D. Con. Obrump Caus they can be no loosers by it We do not gather these things up as thereby in any way to move the Generall against him or that he should be otherwise towards him then formerly he hath been Suffer evill doers patiently For Nobile vincendi genus est patientia vincit Qui patitur si vis vincere disce pati But we do it to this end namely to shew that there is y And the rather to be believed because we know not of any thing that he hath to lay to their charge wherby the truth of what they do affirme should bee questioned reason to believe his Accusers and not he seeing what they have witnessed concerning his intent to murder the Lord Generall Cromwel is no more then what he did resolve to do by his owne a The Law saith Confessio superat omne probationis genus ConfessioÌ„ is beyond all other kind of proof Bern. in l. Si confess de Cust reorum Confession Again since that time is grown more malicious and in his later writings hath publiquely declared a purpose to do the very same thing We proceed to the second particular to wit of his intent to destroy the Parliament and Councel of State That this may be true and the lesse doubt to be made of it consider 1. During the time of his Banishment in the Netherlands he counted the Parliament no other then he had done before b John Lilburn revived second letter pag. 7. viz. Tyrants Traytors Murderers Knipperdolings Men that exercised a tyrannicall arbitrary power a kingdome of brambles highly commending the history of Independency as the pen-man to be an understanding Author and among other passages cites these as c It is no marvail that hee cals this remarkable and notable for it is no more then what he useth to write himself so that in commending of it he highly applauds himself most remarkable and notable where he declareth and protesteth that the Parliament as a combin'd treacherous Faction have forced an Inter-regnum and Justicium upon us an utter suspension of all lawfull Government Magistracie Lawes and Judicatories so that we have not jure any Lawes in force to be executed any Magistrates or Judges lawfully constituted any such Instruments of the Law as a lawfull Great Seale or any Authority in England that can lawfully condemn and execute a Thiefe Murderer or any other offender without being themselves called Murderers by the Law d Milo Crotoniates whilst he was tearing asunder the stock of an Oake his strength failing him the Clift suddenly closing was held so fast by the hands that he became a prey to the Beasts of the field The like thing is hapned to this Historian whilst he was cutting downe with the Ax of Treason the Common-wealth hee was caught and laid fast by the heels All legall proceedings being now Coram non judice Nor can this remaining Faction in the House of Commons shew any one president e There have been Presidents Law Reason enough were not he and Lilburn like him who said Non persuadebis etiam si persuaseris We say nulla tam sancta lex est quam non oporteat si salus populi postulet urgeatque necessitas mutare Bod. de Reip. l. 4. Again Quod non est licitum in lege necessitas facit licitum Againe nihil quod est contra rationem est licitum law reason or authority whatsoever for their aforesaid doings but onely their irrationall tyrannicall votes the swords of their Armie Here we have Mr. Lilburn and the Anti-Independent Historian like Herod and Pilate made friends And that Mr. Lilburn may have the more respect among Malignants he brings this understanding Author with him who is as he saith a Cavallier sufficient even in the highest and yet speaks not reproachfully or contemptuously but honourably of him But could he do lesse seeing they are here not two but f Like Sampsons Foxes though their heads be asunder yet their tayls tyed together with firebrands between both seeking to destroy the peace of the Nation all one in Trason against the State even combin'd and knit together But to the point in hand It being his opinion that the Supream Authority of this Nation is unlawfull and tyrannicall what rationall man will not think that without the least scruple of conscience he can as willingly and effectually destroy those men in power as so many Weasels and Poulcats as to have formerly murdered the Juncto or Gentlemen sitting at Westminster the later being in his understanding as very Tyrants Murderers Thieves as the former were And seeing his conscience was free thus to act g Querie If he can get as many to follow him as will enable him with his sword in his hand whether he will not do Justice and Execution upon those siâ—ting at Westminster as he said he would do Execution upon the former why might not his tongue be as forward to declare the same Then 2. That Mr. Lilburn did speak the words whereof he is accused wee have reason to believe because we find among his writings that could such a thing be done it would content him very much and the Authors of such Treason Murder should be reputed the true lovers of the Liberties and Freedomes of England h Lilburn revived first letter p. 12. That it may appeare our purpose is to deale candidly and fairly always with him we shall here insert his own words i So the Jesuits when they would perswade a man to execute any bloody design of theirs for encouragement tell him that in doing so so he will shew himselfe a true lover of the liberties of the holy Church The great Case c. Only here is saith he their alone feare that
so he hath it Just so it is here If he might but once see this Common-wealth destroyed As for the persons who they were that did it it would be all one to him either Stuart or Turke I for my part had rather have the Prince then any man in the world because of his large pretence of Right he being at Peace with all Forreign Nations and having no Regall pretended Competitor He that thinks Charles Stuart hath more lawfull right to the government of this Nation then the present Supream Authority and that the people should do better if he were here setled King why may not we think that his coming lately over was of purpose to effect some such thing The Athenians having conspired against Darius the Persian he commanded one of his servants that alwayes as he sate at meat he should thrice cry here memento Atheniensium Sir remember the Athenians As we find all along so much treason and conspiracy plotted by him against the Common-wealth so we know it is our duty to speak of it unto such as are most concern'd to look after it Praevisa minus Laedunt fore-warn'd fore-arm'd It is easier to shun the snare then being in to escape But 3. The great familiarity which was between him and the Cavalliers whilst he was resident in the Low Countries q It hath ever yet beene held a maxim of all Statesmen to look on those no other then Traytors who keep close correspondeÌ„cy and familiarity with such as are known Conspirators a-against the State is sufficient to demonstrate the truth of the Charge in this particular And for the pretences which he makes whereby to excuse him selfe wee find them to be rather matter of proof r He would make us believe that the occasion of the great familiarity between the D. of BuckinghaÌ„ and him was that hee should be an instrument for the others liberty here in England And is not this a likely thing that Buckingham should be so simple as to make use of him or to propound any such thing really to him knowing him not only to be banished but one whoÌ„ the State of England did account as treacherous and dangerous to them as the Duke himself or rather more then any way to weaken the Testimonie Those that were the Parliaments Friends with them hee neither tooke nor desired acquaintance but such as were known to be their greatest Enemies were evermore his familiar and speciall Associates Insomuch as by letters from thence we were often advertised to take heed of Lilburn who had such close and secret conversing with our Enemie as did plainly signifie there was some treacherous design amongst them against the peace of this Nation When the Carthagenians understood of Alexanders intent and great preparation for Affrica Amâ—car sent one out who feigning himself to be an Exile and banished might be accepted with Alexander learn his secrets and as occasion serv'd give him an account thereof Mr. Lilburn would have made the world believe that he was sent over into Holland as a Spie to discover unto the State here the counsels of the Cavalliers But hoccine credibile est aut memorabile how could hee thinke that any Å¿ Unlesse hee thought us to be like the Blemmye a people who have neither heads nor eyes and so could neither see nor understand things though as clear as the light man should imagine such a thing 1. Having protested against the putting of the Father to death 2. Shewed such large affection to the Son And 3. for this Government none had more oppos'd it nor done halfe so much for to destroy it as he had done So that the Cavalliers had no Reason to mistrust him but might freely and safely take him into their Counsels there being nothing intended by them as to the overthrow of the present Government but wherein he was one with them and t And as this is truth so poena gravior gravius peccanteb debetur paenae autem leves non possunt refraenare Juventatis insaniam ingeâ—ij ferociam Neque possunt ita facile rerum bene starum contemptores ad temperantiam reducere more forward and active then any of them to put it in execution 4. When Saul sought to excuse himself he was demanded of Samuel quid ergo sibi vult vox pecudum istarum what meaneth then the bleating of the sheep in my eares So we may say to Mr. Lilburn denying the Charge what means the tumult and noise of the Malignants for him why are his Juries so corrupt as contrary to Law and Justice doe acquit him wherefore doe all seditious people seeke his u As the Iews though they were of severall Factions yet agreed all together to have Barabbas released who had made an Insurrection in the Citie and to have Christ put to death so the Enemies to this present Government howbeit differing among themselves yet in this do all accord viz. to have Lilb set free one that hath sought to make many Tumults and Revolts in the Nation and would rather have honest men to suffer then he enlargement It is not for any love they have to him or desire of his advancement But knowing how artificially be can plead their Cause as to the re-establishing of Monarchy Tyrannie Episcopacy under the fair pretence of Liberty and Freedome all this stir and trouble is made about him So the Rower in the Boat wastes the passengers over the River they are contented though all the way he lookes on the other side What cares the Cavalliers which way Lilburn looks whether hee speaks for them or against them all is one they know what his work is and what he is come about namely to waft over if he can Charls Stuart and to set him upon the English Throne 5. And lastly this particular Charge is the more likely to be true not only because he hates the present Government and desires the ruine of it but because there is no way more probable to accomplish what he would have done then to joyne with the Cavalliers in Charls Stuarts Interest It is sayd of Tiberius he would have Caligula to reigne that hee might destroy the people Upon such an account would Lilb settle HIS KING among us x Hence is that saying Homo non homo iratus Againe magna ira multos peridit mortalium meerly to destroy godly and honest men in their Religion Liberties Laws Lives Not of any good will to him but that hee might be y It is reported of Bajazet that shewing one day the pleasure of hawking to the Count Nevers caused almost 2000 Faulkners to be kill'd for one Hawk that had not flown well In such a way for all the world would he be revenged upon the Nation because some have not flown or acted to his mind through discontent multitudes must perish for it revenged on those which would not have him to domineer and play the Tyrant Having shewed his actions both at home
reliqui ad peccandum inducuntur Chrysost hom 25. in Epist ad Rom in Mar. ad Locum hath not so much perdition in it as to make others to sin We find no man p Ex pessimo genere ne cautulum quidem relinquendus before this man that hath been so unreasonable as to affirm such a thing And therefore if we will be followers of God inventers of evill things and inducers to sin must principally be punished by us Another printed paper which he dispersed in the manner aforesaid was called A Word to the Army wherein he q If the Iurie be the only Iudges of a Law and to tell us what Acts are good what not what reason hath he to appeal to the Army for by his own confession it did not belong to them It seemes hee can dispense with legality appealed to the Army in his Tryall upon the Act of Parliament Here we might mention several seditious expressions which he useth but so much already being spoken we shall not trouble the Reader with it onely the mans discretion at this time is observable how he speaks not a word of the false and scandalous reports which he had formerly published to the world against them Nor of the divisions which he had often made in the Army and severall conspiracies whereby to have destroyed the same There was also a printed paper given forth by him Entituled Fundamentall Lawes and Liberties of ENGLAND wherein is reckoned up r But why is not Monarchy in the nuÌ„ber of one of thes 28 here is a foule oversight for leave this out the rest are Adjectives not one of the 28 can stand of himself twenty eight in number The second of them is That the Supream Authority cannot be devolved upon any person or persons but by Election of the free people The third That yearly Parliaments to be chosen of course by the people is the onely Supream lawfull Government in England The fourth That all Officers and Magistrates of the Common wealth are to be Ordained and Commissioned by the Election of the people The sixth That the Parliament hath not Å¿ How much men are pleas'd and delighted with their fancies and dreams in their sleep This dreamer no doubt took a kind of delight in his fancies thinks he talks sence whereas were he not asleep he would not speak so irrationally power to continue their sitting above a yeare We cannot but admire that Mr. Lilburn should thus trouble himself and others about the Election of Parliaments and how long they should sit seeing as he states the case Parliaments signifie t Is not a Parliament a very little thing having not power to send for any one man in the Nation though an open Traytor or Rebell except one of their Members Besides is not their Power little seeing what Statutes and Laws they make may by a Iury of 12 men be contradicted and repealed little One would think he should have spoken more concerning the Supream Authority of his pretious Jury and have proved by Magna Charta or some other fundamentall Lawes that their power is arbitrary absolute unlimited But the truth is malice and pride hath so blinded the light of his reason as he knowes not what fundamentall and standing Lawes are being like Accius the Poet who though he were a Dwarfe yet would be pictured tall of stature so this ignorant man would willingly be reputed to have skill and knowledge in Lawes as to a distinction what is standing what changable notwithstanding in this very thing he is u Are not his Agents and others likely to be wel led who follow such a blind guide Iâ— is true he talks much of Fundamental laws but knows not what a standing law is according to the definition we will not use his phrases of pawning our lives venturing our necks yet this we dare say and will make it good that he never was able to define a standing fundamentall Law nor knows not what it is blind as knowes nothing All Lawes which may be said to be standing and fundamentall are grounded upon pure reason not upon Magna Charta or any former Parliament whatsoever For in reference to the Lawes which men have formerly made whether these twenty eight which he reckons up or any other they are not unto us standing or fundamentall otherwise then we see they are rationall proper and necessary to us and for us This is a standing and fundamentall Law Nihil quod est conâ—ra rationem est licitum Nothing which is against reason is lawfull Againe x Bod in de Reipub. l. 4. Nulla tam sancta lâ—x est quam non oporteat si silus populi postulet urgeatque necessitas mutare There is no law so firmly made but when the peoples safety and necessity require may be changed So againe Quod non est licitum in lege necessitas facit licitum And y And â—hat is a sure standing law Nihil quod est contra rationem est licitum Nothing which is against Reason is lawfull So then when we come to see that some former Lawes are against reason or it is against Reason that either the Election of Parliaments or their continuance should be as it formerly hath been the same as unlawfull things must be removed that rationall Maxim in reason Salus populi suprema lex est But now for Parliaments viz. by whom they shall be chosen and what time they shall sit For this we have no fundamentall Law which he understands Lawes that cannot be altered because such things are not grounded upon reason For here every Age and Generation of men are left free and to themselves both for the manner of election and the time yea a It came to the Question when this Parl. began to siâ— whether it should be cal'd a Parliament or no. and to lay aside all Parliamentary wayes and constitute some b Though men cannot dry up the River but the waters must and will runn towards the Sea yet wee often change their course turn them from one place to another Thus it is in point of Government There must be governmeÌ„t running down among the people like water but the cours of it may be chang'd yea and must bee when there is occasion for it As of late there was necessity for it other form of Government if they see it more conducing to the safety and good of the Common-wealth But here Reader thou seest not yet what lies at the bottom as the Serpent under the bush In the Reign of Edward 6. the Popish Priests of this Nation possessed the minds of the people that the State was about to put down the Masse and to stir them up the sooner to Rebellion perswaded them that the same by their d The Popish Priests and so Mr. Lilburn deales with ignorant people as the Spaniards did with the Jucalion Islanders when pretending to carrie them to a rich Countrey