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
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
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
lay their own faults upon others as to cry stop the theefe stop the theefe being in the mean time the only Robbers Thus indeed it hath been Lilburns practice all along and his z Subvertit hominis vitam lingua garrula Menon Master piece to asperse others for oppression injustice illegallitie exercising an arbitrary and tyrannicall power c. whereas no man hath been greater and deeper in the crimes then a For what Augustine blames Seneca the Philopher may fitly be applied to him in this he did the more wickedly in that he did it lyingly for he did it so as the people thought he did it truly so it is an aggravation of his evill that he deceives the people by speaking untruths himselfe as not onely here but in many other cases as we shall abundantly prove hereafter 2. Whereas there is mention made in the Petition of Colonel Francis Wren and Colonel George Fenwick and the Commissioners for Compounding of severall high miscarriages and grosse abuses laid to their charge Now upon Examination by oath before the Committee appointed for the tryall of the whole businesse those men appeared innocent and no way guiltie of the things suggested neither could Lilburn Cum socijs make good any particular or part of their charge against them as the Parliament understood The b Calumniatores fratrum detractores infames censentur Caus 6. Qu 1. C. In fames Law saith Calumniators and detractors of their brethren should have burn-markes set on their forehead for infamous persons 3. For the Interest and Title which Primate made to the Collierie in Harraton when all his Evidences Witnesses and other proofes were examined it did appeare to the House that he had c Avarus nunquam justus est not any lawfull Right thereunto but that it was a designe of George Lilburn and George Gray d Charior est auro non simulato fides prosecuted by others to e Nescit prodesse qui nescit providus esse defraud the State by taking the profit and benefit of that place into their own hands Nevesson a better Lawyer then an honest man would ordinarily say He that will not venture his bodie shall never be valiant he that will not venture his f Omnium malorum radix est cupiditas transgressionis mater magistra nocen di primipila iniquitatis duriga malitiae ficaria virtutum seditionis Origo fovea scandaloruÌ„ Petrus Raven soule shall never be rich 4. For the Common-wealths Title and Interest to the said Collierie this we understand it was before the Committee proved lawfull and good all objections made against it by Lilburn and others fully answered Neither had they any thing more or further to say The Examination of persons parties witnesses papers Records c. we have them all by us which are too large in this place to set forth But the * It is worth the noting how Mr Lilburn hath set forth a booke about this businesse Entituled A just Reproof to Haberdashers hall now leaving aside his â—ayling against Sir Arthur some inventions of his own head there is enough in that book to condemn himself and his case he thought that either none would have read it or none would have understood him substance of the whole as taken upon oath before the Committee we have here faithfully reported as delivered to us We come now to the Act that is to consider and weigh the Grounds and Reasons upon which the Parliament might justly proceed as to the Banishment of him And here we will begin with that Law of God concerning the punishment of a false Witnesse g Deut. 19.19 Ye shall doe unto him as he had thought to have don unto his brother The Hebrew Doctors write on the place thus It is commanded to doe unto a false witnesse * No marvaile though the Law of God will have slanderers to be so severely punished considering honestus rumor alterum est patrimonium as he would have don by his Testimony to his neighbour If they have testified falsly of a transgression for which men are guiltie of stoning to death they are all to be stoned if of burning they are to be burnt and so for other deaths And if they testifie of crimes worthy of beating every one of them is to be beaten To the point then in hand Such h We doe not here set down by a great deale the crimes which he lays to other mens charge As Murther Treason Theft c. These things the Reader shall see afterward persons as destroy Proprieties subvert Lawes and Liberties procure other men to joyn with them in unjust and unrighteous dealing violently seize upon other mens goods and by their power and Influence so over-aw the Courts as that the Judges neither can nor dare doe righteous things c. What punishment is due unto such men few but know We have severall Examples former and later of persons which have been fined imprisoned banished yea put to death for fewer and lesser crimes So for Commissioners and Under Officers to joyn hand in hand with a Tyrant and suffer themselves to be so basely corrupted as the ordinary course of proceedings in Courts of Justice is delayed and denyed Make unrighteous decrees oppresse the poore pervert judgement serve the lusts and satisfie the will of corrupt men c. No doubt but they * Now there is great reason why men not doing justice should be punished for aut sit justitiae locus aut certa ruina mundo justitia quippe carere nequit deserve not onely to be fined and put out of their place but out of the Nation and Common-wealth also and justly too Now for application i Quod non tibi fieri vis ne fac Alieri Ye shall doe unto him as he had thought to have don to his brother Hence we inferre if Sir Arthur Haslerig and the Commissioners for Compounding had worthily deserved a fine k Note how Gaveston the Spencers and others banished the Realm committed not the crimes which he hath laid falsely to some mens charge of 7000 l. to be imposed upon them and to have been banished out of England Scotland Ireland and the Islands Territories and Dominions thereof had the things been proved and found true which by Mr. John Lilborn were laid to their charge then by this Law of God he being a false witnesse and so proved and convicted when he he stood before the Lord and the Judges the very same punishment ought he to have According to that old l Suidas Verse 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 The law is just he should be caught In that same mischief which he wrought There is so much Equitie and Reason in this law of Retaliation as the wisest of the m Ab alio expectandum est alteriquod faceris Seneca Quae injuria est pari quod prior ipse feceris Ibid. Vt phalaris tauro violentus membra per
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
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
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
and abroad we now come to speak of his return And here are many things very remarkable as to the time manner and other circumstances 1. We are altogether unsatisfied as to the occasion of his coming over He had before declared to the world That England was too little for him and Cromwel And was totally and positively resolv'd if he could choose never to see England so long as Cromwels most hatefull detestable and bloody tyranny lasted unless it were in a way to pursue him as the a Tacitus mentioneth one Vibulenus much like this man who caused a mutinie among the Souldiers by accusing falsly the Lieut. Now the things which he charged him with were most horrible but all untrue yet he thought it would take the more with the souldiers because he did accuse him of such foul and gross things grandest Tyrant Traytor that ever Engl. bred and had rather live in a voluntary widowhood all his days then to live under Cromwels bloody Tyranny Again when he was here he was scarce able to resist the dangerous and hazardous temptations concerning the killing of him Yea and had resolved at the Parliament doore to have murdered him but for the Reasons formerly mentioned These are his own words Now taking it for granted as wee suppose hee would have it so to be taken that LIEUTENANT COLONEL JOHN LILBURN is not aliud stants aliud sedens one while for the thing another while against it but as he saith himself b There is a passage of his worth the observing I was told saith he that the Gen upon the Tuesday that I was called to the Barr c. appeared openly in the House as the grand and principall man that caused me to be banished in all which regards and considerations I was then of opinion and yet am not fully altered that I had just cause to write and speak as evill of the Generall as my tongue or pen could invent A defensive Declaration of Lieutenant Colonel John Lilburn p. 15. Note 1. That this was since his coming over 2. How hee still raiseth his reproaching of others from his own particular Cause and Interest 3. For such as doe him wrong hee hath just cause to write and speake as evill of them as he can This later is his owne doctrine not Christs setled fixt constant semper idem We must necessarily conclude and all rationall men with us That the Reason of his Return was for the prosecution and execution of his malicious and bloody intent And because it is possible he is as well skil'd in Logick as Law we shall frame an Argument Thus. Mr. Lilburn resolv'd and purposed if ever he came into England it should be to destroy the Lord Gen Cromwel But M. Lilburn in his resolutions and purposes is fast settle constant Ergo Mr. Lilburns coming over into England was to destroy the Lord Gen Cromwel Neither the Proposition nor Assumption can be excepted against or denyed For wee have his owne hand to prove both Gregoras his Fox in the fable being black'd over with Ink told the Poultry he much repented him to have used them so ill but that hereafter they might converse with him since his habite and condition permitted him not to live otherwise then innocent We could not perceive that Mr. Lilburn before he came amongst us had done any thing as to a visible change in outward appearance we never saw c He speakes sometime of living peaceably and quietly under the present Government at the same time dispersed severall printed papers full of sedition any Blacke that hee had no sorrow or repentance for his former Insolencies and miscarriages But as if he should have said Ille ego qui quondam Behold I am the man who whilst I was here and since my abode beyond the Seas have severall wayes sought the destruction of this Common wealth and without any change of my resolution mind or puurpose am return'd again unto you 2. Concerning the Passe which he speaks of in a letter to his wife Here wee cannot but admire the mans presumption That be should not seeke for a Pardon but a Passe as if the State would have been so carelesse and improvident of the peace and safety of the Nation as presently to have d As the Trojans did when they tooke in the wooden horse in whose belly lay hid the Grecian souldiers Dividimus muros maenia pandibus urbis accingunt omnes operis But what follows Inclusos utero Danaos Pinea furtim laxat claustra Sinon illos Patefactus aut auras reddit equus laetique cavo se robere promunt No lesse could be expected to coÌ„e out of his head heart but dangerous plots closely hid against the State opened their gates and let him in whom they had cause to suspect purposely came over to betray them But 2. how is it that he seeks now to the General for a Passe seeing not long before he profest it could not stand with the safety of hâ— life nor could hee be secure so long as Cromwels absolute tyrannie lasted upon any promises that he could make before God or man For by too large experiences hâ— judged him as false as the Devill himselfe and one whom he would e Wee find in his writings that he confesseth the Generall had been very reall and helpfull to him and had done him many great kindnesses but setting aside his reproachfull language there is not only reason or cause which he shews why he should not trust him never trust again whilst hee breathed let him sweare and protest never so much Here is a great secret that Mr. Lilburn should desire a Passe and afterward petition the Generall for his Enlargement and yet neither trust him nor believe him Now we may not charge him as to be fickle wavering or unconstant but resolute the seeming contradiction is to be resolved thus Hee desires leave to return and liberty to goe where he list not that he would believe or trust the Generall or thought his life any way safe or secure to live under him but having such an f The fish feels the hook before sheeâ—es it Quod paâ—am hoc clam advantage he made account to bring to pass his designed Treason the sooner easier and more effectually Mariners when they tack about alter not their course it is only to take more wind into their sails that so the Vessell may run the speedier and come the sooner to their Port. This was only h And the rule is good Satius recurrere quam male currere Quod male caeptum est ne pigeat mutasse a Tacking about for the wind sake no change of mind or resolution And we must needs say as to the thing intended he shewed himself a master worke-man for there was now a necessity of such a Leevere or turning i To have turn'd much it would have given occasion of some suspition to â—he other party as if he
decurrere piscis ad hamum There was yet another printed paper Entituled A Word to the Jury in the behalfe of John Lilburn The scope whereof is to stir up the people by force to n No doubt the Jurie would have been glad if such a thing had beene effected and can you blame them For had he been rescued and so not come to his Tryall their lying hypocrisie and other grosse evills had not come to light which now it doth to their shame whilst they live rescue the said Lilburn It is said there John Lilburn hath not offended against any Laws but against those o The Fox in the fable being arraigned for killing the Poultry pleaded not guilty as not having broken any justifiable Law And to prove this denies the Act which they brought against him to be lawfull because he the Kite and the Raven did not consent to it Judge Reader whether this be not his Case by-Lawes which are no Lawes But such as Tyrants made to succour themselves in their Tyranny and were not a legall power to make Lawes Demetrius for the love which he bore to a certain Picture or Idol in Protogenies shop willingly forbore to set the City of Rhodes on fire That Mr. Lilburn by the Jury may be quitted there must be no Act of Parliament against Treason put in execution but a door left open for this Idol sake to all Incendiaries to escape without punishment The Counsel which is p As Homer speaks of Vlysses Consilio bonus bonus Armis such a Councellor was he to the Jury given unto the Jury is to this effect As if he should say You are q So the 12 men understood themselves above Law and accountable to none but God Lilburn tells us that a Parliament are countable to the people for what they doe Wee should never have known how far beyond and above all Parliaments Iuries are if it had not been for this Tryall for how could we seeing there is nothing extant that makes mention of any such thing above both Law and Parliament as Iudges of the one and other so that it is wholly in your breasts to determine what is Law and when a Parliament may be said to be lawfull And according to this word did the Jury proceed most insolently presuming by the Verdict which they gave not onely to be Judges but condemners both of Parliament and Lawes A thing so unjust as before was never heard of and whereof they are since ashamed or afraid to give any Reason for it Jupiter is brought in as taking little notice of the evill speeches which the Giants used against the Gods But when he saw that they attempted by raising Mountaines to pluck them from their Throne here now he stirs and with thundering and lightning destroyes them and breaks their designe It is true nothing better becomes men in Authority then r Sic pius enis nam cum vincamur in omni munere sola deos aequat clementia nobis meeknesse and to passe by a multitude of offences but when they shall see men Giant-like to rise against Authority it self and not onely to trample their persons but their Acts too as mire under their feet ſ Here the proverb is true foolish pitie spoiles a Citie in such a case whether they ought not to be active and severe let wise men judge A Heathen could say t Interdum optimum miseri cordiae genus sit nocentes occidere saeva crudelitas si non c. Senec. It is sometimes the best kind of mercy that offenders be punished and to spare them the greatest cruelty Againe speaking afterwards to the Army You were first raised to succour the people from being subject to the Tyrannicall will of u Seeing his manner is to speak always honourably of the last K. and condemned those that judged him to death It is a question who he means by Tyrants when such tyrannical wills of men were exercised Tyrants If those therefore that Command you doe Command you to defend any member of this Common-wealth whose Servants you are of whom you receive pay you are to obey them therein But on the contrary if they command you to kill or guard the illegall execution of any one Member of the Common-wealth you are not to obey them therein but in stead thereof imploy your Armies against those that impose such x But who must judge when it is illegall not the Souldiers nor their Commāders nor Parl. nor any else but Lilb cum socijs illegall cruell and bloody Commands upon you What his former practises were as to divide the Army by causing divisions among the Souldiery we have already shewed the continuance of which most dangerous design we see here he hath brought over with him By guarding illegall executions we know what he means by his writings elswhere namely when any one is brought forth to be punished for his misdemeanours specially if it be for making Insurrections in the Common-wealth to countenance and encourage such a person in his evill and sin and casting off all just Commands to imploy their Armes as y Here he tels us what it is to stand for Liberty viz. to rise for Malefactors and not to suffer the Law or Iustice to passe against them be their crimes and offences never so many or great If hee and his party say it is illegall ipse dixit that must stand he saith here against their Superiours When there was a debate between Caesar's and Pompey's Souldiers of some agreement Libienus cries out Why talke yee saith he of such a thing Nisi Caesaris capite delato Vnlesse Caesars head be off there will be no peace By this passage we may see how improbable it is that the Army will be free from distempers so long as this man can have any influence among them It being his continuall endeavour to leave no way untried whereby to occasion some disturbance or other As if he had vowed or taken an Oath as a His Father made him swear at 12 years old never to bee reconcil'd to Rome Haniball did when he was but twelve years old not to be reconciled to the State nor cease to seek the ruine of it whilst he lives Besides the former he hath also dispersed another printed Paper called b A horse that is often spur'd in one place is therby made dull and lazy his Pleas are still one and the same viz. a kicking his Iurie in the side with their absolute power as to be Judges of the Fact the Keepers of the Libertie that neither Parliament nor Act are lawfull And thus spurring thē still in one place he knows how to make jades of them A Plea at large for John Lilburn Gent. now in Newgate In p. 16. it is asserted as followeth That by the Tax of 120000 l. per month Arbitrarily laid by the Generall and Officers June 19. 1653. upon the free people of England all their
Demetrius 8 persons who had conspird his death he made it matter of admiration that so many could agree together in a design so cruel bloody It is in truth a wonderfull shing that there should be found in this City 12 Jury-men so voyd of conscience and the feare of God as to agree together in a thing so evill and nought as Heathens wou'd scorne to have done denieth that they did or that they met at all since the night of the Tryall untill they met at the Councell The persons following were Examined the 29 of August 1653. in the morning THomas Smith of Cornhill Haberdasher of Small Wares he saith he was of Iohn Lilburns Iury and found him not guilty but y But whether the State may not refuse to rest satisfied in such an Answer that 's the Question we shall leave this to Time refuseth to Answer to any other Questions saying he was call'd to serve his Countrey in this particular and that he had done it a He might have said rather according to his Ignorance for had he done the thing w th understanding he would not have been either afraid or asham'd to have given the Councell a reason of his action according to the best of his understanding acknowledgeth the meeting of the Iury at the VVindmill Taverne yesterday morning GIlbert Gayne of Dunstans in the west Grocer he saith he was one of Iohn Lilburns Iury and found him not guilty And he being askt what the issue was he acknowledgeth that he was Indicted for Fellony for coming into England but saith the Iury did find as they did because they b So did Lambert Simenel take upō him to be Edward Earl of Warwick Son Heir to the Duke of Clarence but he was a counterfeit for taking upon him that which he was not had his just punishment in the end tooke themselves to be Iudges of the Law as well as of the Fact and that although the Court did declare they were Iudges of the Fact onely yet the Iury were otherwise perswaded from what they heard out of the c These Law-Books will appear to be onely the wind which came from Lilburn which blew their heads too fro like weather-cocks Law-Books He confesseth he himselfe did at first differ from the rest of the Jury but was convinc't by their Reasons he confesseth the meeting of the Jury GRiffeth Owen of Bishopsgate ward Brewer he acknowledgeth he was of Liev Col Iohn Lilburns Iury and that they found him not guilty because he was d Howsoever they agreed to give no reason of their action to the Councel yet on the contrary so much is spoken by them as doth make it evident they were of Tomlins mind that is right or wrong resolv'd to quit the Prisoner not satisfied that the Prisoner was the John Lilburn mentioned in the Act and that he had never seene John Lilburn before that day nor was he sollicited in his behalfe by any person He acknowledgeth the Jury met yesterday morning at the VVindmill Taverne but made no agreement what Answer to make the Councel The Vnrighteousnesse of this Vnreasonable Jury is so fully discovered by themselves as there is no need of adding any thing thereunto It is reported of the waters of Nilus that having run many hundred miles a pure and clear water when it comes neer the Mediterranean Sea it begins to grow brackish and salt and at last it falls into the Sea and looseth its name We read of many just and honest Juries in the dayes of our fore-fathers Some hundred yeares agoe Jury-men made Conscience of what they did and fear'd an Oath Now that the same is changed and the water become bitter and corrupt what may this presage If we may freely here deliver our opinion thus we think The way of proceeding by twelve men in the Tryall of Malefactors is neer an end and shortly to be swallowed up by the Supream Authority of the Nation So as neither the name nor thing shall be any more in the Common-wealth of England FINIS