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A91211	The lyar confounded, or A briefe refutation of John Lilburnes miserably-mistated-case, mistaken-law; seditious calumnies, and most malicious lyes against the High Court of Parliament, the Honourable Committee of Examinations, Mr Speaker, with other members of the Commons House; and Mr William Prynne; wherewith he hath seduced many ignorant overcredulous people. Manifesting the Parliaments extraordinary clemency towards him, their justice in their commitment of, and proceedings against him; for which he so ingratefully and falsely taxeth them, with tyranny and injustice / By William Prynne of Lincolnes Inne, Esquire.	Prynne, William, 1600-1669.	1645 (1645)	Wing P4002; Thomason E267_1; ESTC R212413	54,867	55

sollicitation only not theirs a day of hearing was appointed before a Committee of Lords in the Lords House whereat I was present The Dean and Samyres being called in they were demanded first whether they had any deputation or Cōmission from all the Islanders or any considerable part of them to exhibite these Articles against Sir Philip they being intituled Articles exhibited by the Inhabitants of the Isle of Iersey against Sir Philip Carteret and complaining for the most part only of generall grievances to the Island They answered they had no deputation from the States or Inhabitants of the Island to exhibite those articles but they doubted not but they would justifie and allow what they had done Whereupon Sir Philip produced a Deputation from the three Estates of that Island made in their generall Assembly under their common Seal deputing intrusting him for their Agent to the Parliament to inform them of some publick grievances of which they desired redresse and crave some confirmation and enlargement of their priviledges which Deputation certainly they would never have made to him had himself been the chief and only publick grievance as the Articles imported and such an enemy to their common good as was suggested Whereupon the Lords were fully satisfied the accusers silenced reproved by the Lords for abusing them the Islanders in presenting a Petition in their names without their privity and Commission against a person of honour deputed by them to the Parliament and state After which they demanded of them severally what they could object or prove against Sir Philip who answered that they could prove nothing for the present since all their witnesses were in Iersey and that they could attest little of their own knowledge only Samyres complained that Sir Philip had put him from his Captains place and ordered him to answer his contempt in England in refusing to take it up again whereupon Sir Philip answered that he had voluntarily laid it down in contempt for which he had power to Fine and commit him but in regard he was his kinsman and one of a weak estate he only gave him an admonition and used him with all kindnesse and civility which Samyres could not deny on whose part the businesse appeared so foul that they told Sir Philip because he did not committ him for his contempt then they would commit him now and the Dean too for their malicious libellous Articles which they could not prove nor say any thing to of their own knowledge But by Sir Philips importunity and request their commitment was taken off Soon after which Sir Philip was setled Deputy Governour of that Isle by order and approbation of both Houses and ordered to put it in a posture of defence against the French whereupon he returned to Iersey and I departed into the Country of which his malicious prosecutors taking advantage caused their false and scanscandalous Articles to be secretly Printed at their own charge and dispersed into divers Parliament mens hands and others about London and then carried the residue of them into Iersey where they translated them into French and dispersed them among their Acquaintance and the people as if they had been Printed by the Parliaments Authority and made good before them of purpose to raise a Faction against Sir Philip for which being there judicially questioned and Indicted they thereupon appealed to the Parliament pretending their Articles were there depending to take off which prosecution upon some mis-information of theirs against Sir Philip to the close Committee they procured a Warrant to send for him over into England as a Prisoner to answer to some charges against him contained in the former Articles Whereupon Sir Philip writ a Letter to the Committee acquainting them with the former malice of his enemies his discharge of these Accusations on a hearing before the Lords the cost and danger of his journy thence the inconvenience to the state of his present deserting the Island desiring that till some offence were really proved against him he might not thus bevexed upon a meer suggestion being a person of quality having so great a trust and setled there by a late speciall Order of both Houses offering to give Bond or any other security to the Parliament to answer any charge that his prosecutors should either in England or by a Commission in Iersey be able to prove against him so as they on the other side might enter into Bond to answer him dammages in case he should clear himself from all their accusations of which he made no doubt Whereupon the Committee were fully satisfied but not the prosecutors malice For one Maximilian Messervy and his brother who during my imprisonment in Iersey were accused for Coyning and venting counterfeit Coyne of all sorts both Gold and silver and Maximilian being imprisoned for his crime divers months the melting pot Mould Mettles sophisticated with some false Silver and Gold being found in his study which I my self there saw besides sundry single and double false Pistols which he vented unto others for which offence he had been executed had not he obtained a speciall pardon from the King by Sir Philips and Captain Carterets means falling about this time to their old trade of Coyning false gold and venting some of it both in Normandy and the Island Sir Philip upon complaint and proof thereof sent out Warrants and Officers to apprehend them and made Proclamation there usuall that none should convey them out of the Island notwithstanding they both escaped thence in the night in a small boat and fled into France and not long after into England Sir Philip upon their flight before their arrivall here writ a Letter to my self informing me of the particulars of the offence and proof against them craving my advise how to proceed now they were sled from thence and how to punish him that transported them contrary to his Proclamation to which I returned an Answer Upon these Coyners arrivall at London they siding with Sir Philips opposites complained of great injuries he had done them for their good affection to the Parliament and pretended they could ptove great matters against him concerning the State if they could but procure a Warrant to apprehend and bring him over prisoner and by the help of some friends they made here and their false insinuations they procured a Warrant from the close Committee for these two Coyners to go unto Iersey and apprehend Sir Philip and bring him over Prisoner to the Parliament which Warrant was signed and delivered to Ma●●●●●●ian Of which I casually having information and knowing what cr●●es they were guilty of and that Maximillian was as very a villain cunning ●heater as breathed having formerly cheated divers of my friends my 〈◊〉 did according to my bounden duty and the care I had of the Parliaments honour acquaint some of the Committee with this grosse abuse and the qualities of tho●● persons informing them what an extraordinary scandall and dishonour it

THE LYAR CONFOUNDED OR A Briefe Refutation of John Lilburnes miserably-mistated-Case mistaken-Law Seditious Calumnies and most malicious Lyes against the High Court of PARLIAMENT the Honourable Committee of Examinations Mr Speaker with other Members of the Commons House and Mr William Prynne wherewith he hath seduced many ignorant over-credulous People Manifesting the Parliaments extraordinary Clemency towards him their Justice in their Commitment of and proceedings against him for which he so ingratefully and falsely taxeth them with Tyranny and Injustice By WILLIAM PRYNNE of Lincolns Inne Esquire John 8. 44. Yee are of your Father the Devill and the lusts of your Father will yee do he was a murderer from the beginning and abode not in the truth because there is NO TRVTH IN HIM when he speaketh a Lye he speaketh of his owne for he is a LYAR and the FATHER OF IT Eph. 4. 25. Wherefore puting away Lying speake every man TRVTH to his Neighbour for wee are members one of another Prov. 12. 19. The lip of truth shall be established for ever but a LYING TONGVE is but for a moment LONDON Printed by John Macock for Michael Spark senior 1645. TO The Honourable William Lenthall Esquire Speaker of the Honourable House of COMMONS and Master of the ROLES Sir I Here present you with a Briefe Relation and Refutation of John Lilburnes Notorious Lyes and forged Calumnies against the Parliament and whole House of Commons in Generall the Committee of Examination Your selfe some other Members of both Houses your Brother Sir John Lenthall and My selfe in speciall Whereby the whole Kingdome may discerne his and his confederates Impudent Falsities Forgeries Lyes groundlesse Slanders and Your Vntainted Innocencies triumphing gloriously over them The truth of his Case misreported by him rightly stated the Legality of Your Proceedings against commitment of him demonstrated his mistaken Law refuted and the seeds of Mutiny of Sedition sowen among the Ignorant Vulgar in his seditious Printed Papers scattered abroad by one Leaner and others among the Kentish Malignants and the Male-contents in other parts extirpated to prevent all Popular Insurrections against the Parliaments Soveraign Authority Your speciall Interest in the Subject matter of this Relation hath among other motives induced me to select You for its Patron in the Dedication to whose Protection I commend it and Your selfe to Gods desiring really to expresse my selfe upon all just Occasions Your most Affectionate Friend to serve You William Prynne To the Jmpartiall Reader Christian Reader IT is S. James his Observation c. 3. 5. Behold how great a matter a litle fire kindleth And the tongue is a fire a world of iniquity and setteth on fire the course of nature and is seton fire of hell which I may truely apply to John Lilburns tongue and much more to his pen imployed only in compiling Libellous Letters and Papers Behold how great combustions and tumults have they kindled among the Ignorant Vulgar who adore him as the onely Oracle of Truth when as he is a meere Legend of Lyes Had not his Papers kindled a publike dangerous flame dis-affected divers of his Seditious Faction and set their tongues nay hearts against the Parliament against whom they are brewing mischiefe in sundry private Conventicles and ripening publike Mutinies I had sate still in silence and onely answered this Rayler as the Arch-Angell Michael did the Devil when he strove with him about the body of Moyses Jude 9. The Lord rebuke thee or have spread his Letter onely in private before the Lord as Hezekiah spread Sennacharibs blasphemous Letter 2 Kings 19. 14 15 16. saying Lord bow downe thine eare and heare open Lord thine eyes and see heare the words of this Senacharib Lilburne which hath sent to reproach the Living God and the highest powers under him But the flame being now grown to such an height as endangers the firing of our whole State into a publike combustion I could doe no lesse then contribute my best endeavours after so long a silence and bring one bucket or two of water towards the extinguishing of his Prodigious firebrands which were certanely set on fire of hell which breathes forth in his seditious Papers fit for no other use then to make publike bonefires in the streets I shall desire the unprejudiced Reader whoever he be to read this short Relation and Refutation with an impartiall eye and then I dare say he will soone resolve There was never such an execrable Libell and Legion of Lyes published against the Parliaments the Committees Just proceedings and other well-deserving Members Persons Integrities as this of Lilburnes Letters who if we may lawfully judge of the Tree by the fruits is in Simon Magus his condition even drenched in The very gall of bitternesse and fettered in the bond of iniquity and he will more admire and perchance blame the Parliament for their overmuch Clemency and Mildnesse in proceeding with so much Patience and Moderation against such an obstinate Delinquent then he or any of his Confederates do or can maliciously exclaime against them for their pretended overmuch Oppression Tyranny and Injustice of which there is not the least shadow appearing in any of their proceedings So submitting all to thy censure and Gods blessing I shall cease to trouble thee with any further Prologue A Briefe Relation and Refutation of John Lilburnes notorious Lyes and Calumnies against the PARLJAMENT and others OF all the most Glorious Attributes of God in Scripture there is none more eminent then this a Deut. 32. 4. Psal 31. 5. Esay 65. 16. That he is a God of TRVTH in the affirmative A b Tit. 1. 2. God that CANNOT LYE yea that it is c Heb. 6. 18. Impossible for him to Lye in the Negative And of all the disgracefull Titles given to the Devill himselfe in Sacred Writ there is none more infamous then this d John 8. 44. That he is a LYAR and the Father of Lyes and aboade not in the TRVTH Whence it necessarily follows That of all persons in the world none are more desperately wicked and unlike to God or more Diabolically impious and like to the very Devill himselfe then LYARS and of all Lyars those especially who most maliciously forge and then scandalously Register Print and Publish to all the world most notorious Lyes and Untruths of others who least of all deserve such Devillish usage at their hands Hence it was that our Saviour told the Lying Jewes e John 8. 44. Ye are of your Father the Devill and the lusts of your father will ye do and that Peter used this expression to Ananias when he told but a kinde of officious not a meer malitious slanderous Lye f Acts 5. 3. Why hath SATAN FILLED THY HEART TO LYE to the Holy Ghost Intimating that Lyars hearts are filled up to the brim with Satan their Ghostly Father and that they have not the least dram of Gods Holy Spirit in them which is ever stiled g John 14.

indulged so much liberty to any other in the like case onely they added this command then entred in their Booke of Examinations He was commanded to be carefull to publish nothing Hereupon being dismissed for the present he Penned an Answer full of Invectives against the Parliament the Iudges and Iustices Legall proceedings against seditious Sectaries seconded with many false relations of unheard off cruelties towards them to render the Parliament odious to his Faction calumniates and railes afresh against me as an enemy to Gods people a Seditious Fire-brand one deserving to be hanged c. which answer he no sooner delivered in to the Committee but the very same or the next day after he published it in Print without any Licence contrary to the Committees expresse Command and the Priviledges and Orders of Parliament and to shew his further contempt of Authority caused this very Letter for which he was questioned to be re-printed About which time the Scurrilous Libels entituled The Araignement of Persecution and A Sacred Synodicall Decretall were published Printed with the selfe same Letter and Presse as his Letter and Answere were and some of them seised together with his Letters by the Stationers Who acquainting the Committee of Examinations therewith according to the former Order of the House thereupon the Committee for these insufferable insolencies and contempts of his on the 18. of June ordered that Lilburne should be sent for in custody touching the Printing of his Letter and other Scandalous Bookes in which number was his Answer to nine Arguments Printed at an unlicensed Presse Anno 1645. with his Picture and Verses before it wherein he intollerably railes against our Church Ministers Worship Gover●ent as Antichristian and Diabolicall to be utterly abhorred renounced by all Gods people Upon this the Messenger only summoned him to appeare before the Committee but did not at all attach or imprison him After that another seditious Libell intituled Martyns Eccho Printed with the selfe same Letter and Presse that Lilburnes Letters and Pamphelts were being published and having some of his very Expressions and Phrases scatterd in it Lilburne upon the Stationers Information who were checked for suffering these Libels to be Printed which they said they could not remedy unlesse some were exemplarily punished was againe Ordered to be sent for in custody by the said Committee whereupon the Messenger took detained him in his house but for one nights space where he used him very courteously and tooke not one farthing of him And notwithstanding his publishing of so many Libellous Pamphlets contrary to expresse Ordinances of both Houses which inflict not onely Imprisonment but other Censures too upon such delinquents and his refusall to discover the Printers of those Books the Committee of Examinations were so exceeding indulgent to him thinking to reclaime his incorrigible obstinacie by lenity that they permitted him to goe at large attending them only when he should be sent for without putting in any Bayle On the 19.th of July following Lilburne walking in the Court of Requests with one Hawkins and others reported to them without any reall ground at all but bare reports heare-sayes from persons of meane condition That there were strange things discovered against many Members of the House of Commons and went as high as the Speaker against whom it would be proved that he had with his owne hand sent three score thousand pounds to the King at Oxford and that many Members had made their Peace and done strange things amongst whom Sir Robert Harloe was one Of which seditious and scandalous Speeches the House being informed by Colonel King Dr. Bastwicke and other Witnesses of good credit and having no time to examine the businesse having sate all that day till past six of the clocke made this ensuing Vote Die Sabbati 19. Julij 1645. Resolved upon the Question by the Commons assembled in Parliament that Lievtenant Colonel Lilburne be forth with taken into Custody by the Serjeant at Armes attending this House and so kept till the House take further Order To the Serjeant at Armes attending on this House or to his Deputy c. H. Elsing Cler. Parl. D. Com. By vertue of this Warrant and upon this occasion onely he was apprehended by the Serjeant of the House and kept in Custody till the 24. of July At which time being brought to the Committee of Examinations and there examined touching this forementioned scandalous Speeches of the Speaker and others He peremptorily refused to give them any answer unlesse the Committee would first expresse the cause why he was ordered to be taken into custody when as himselse did well knwo it was for those very words against the Speaker and other Members whereupon they told him they would then examine him Using divers insolent Speeches to them and charging them with the breach of Magna Charta which he is not ashamed to relate at large in his Printed Libel to his Friend pag. 2. to 5. whereupon he was most justly and Legally committed to Custody and his contempt Ordered to bee reported to the House The very next day he compiled a most lying scandalous seditious Libell Against the Parliament Speaker some eminent Members of both Houses Sir Iohn Lentall Doctor Bastwicke and my selfe which he Intitled The Copy of a Letter from Lievtenant Colonell Iohn Lilburne to a friend The most seditious scandalous false lying Libell against the Parliament Committe of Examinations and Members of both Houses that ever yet was penned farre worse then any Oxford Aulicus and tending only to stirre up the People to rise up against the Parliament to resist their power Proceedings alienate their affections from them This after his old manner he sent to a private Unlicensed Presse alwaies ready at his command where being speedily Printed he despersed the printed Copies thereof every where by his Agents among his Friends and Confederates who vented them under-hand for money One of the Printed Copies whereof being brought into the House and there read the House unanimously passed this Vote Die Sabbati 9. August 1645. Ordered by the Commons assembled in Parliament That the consideration for finding out the Author of this Booke be referred to the Committee of Examinations and that in case it appeares to be Lilbournes Booke they shall have power to commit him to what Prison they please Hereupon the Committee of Examinations sent for Lilburne this very day in the afternoone to examine him concerning the writing and printing of this Letter but he most obstinatly in a peremptory and contemtuous manner refused to be examined or give any answer to the questions demanded of him concerning the writing or publishing therof whereupon he was committed to Newgate by this ensuing Warrant expressing the cause of his commitment thither according to the Petition of Right and Magna Charta the effect whereof is thus entred in the Keepers Book of Newgate Gibb Chambers Vic August 1645. Lievtenant Collonel Lilburne committed by Laur. Whittaker Esquire

examined before they ever acquaint them with their Accuser or Accusation or heare them speake one word in their own behalfe yet none ever deemed these ordinary proceedings of theirs either Arbitrary Tyrannicall or Illegall contrary to Magna Charta or the Subjects Liberties but most iust And shall not the Parliament the supremest Court have as great a liberty and power thus to summon and attach men upon informations against them onely to answer their Accusations when ripe for Examination as the meanest Iustice of the Peace doth dayly ex●rcise without exceptions How many thousands have the Lord Mayor of London the Courts of Guard and Committee of Examinations sent sor attached and restrained thus for a short space of their liberty till they could be examined before ever they knew their Accuser or Accusaton or could be brought to publike examination and yet not one of them ever made such an horrid outcry against the Legality of their proceedings as this Ignoramus who understands the Law and Magna Charta no more then a Iack-daw as one once said of a doting Lawyer But to proceed to his other falsehoods Page 7. he writes That during his imprisonment at Oxford he was ruined in his estate to the value of six or seven hundred pounds which he left behind him at Londō which he can clearly make appeare Which he likewise recites in two other printed papers This certainly is as grosse a lye as any of the former For his best and neerest friends will attest he was never worth halfe so much and the maine reason why he left the City and went into the Parliaments Forces was not so much for any good affection to the Parliaments cause as to protect himselfe against his Creditors arrests for these many debts which he incurred by renting of a Brew-house which both himself and his Father oft times told me when they repaired to me for advice in Law concerning it had quite undone and broke both himselfe and his friends who stood ingaged for him And this Libeller himself Pag. 5. insinuates as much complaining for want of recompence for his imprisonment TO PAY HIS DEBTS and buy him and his bread So that he was as much or more beholing to the Parliaments Service for protecting him from the arrests and executions of his Creditors as they were to him for any of his good services the praise whereof he hath now utterly lost and blemished by his evill Libellous and Seditious attempts against them Pag. 16. He most scandalously and falsely avers That many of the House of Commons tooke to themselves 3. l. 10. s. a weeke and some of them more and others of them great places worth 500 l. 1000 l. 1500 l. 2000 l. and more per annum and live in as great pompe superfluity and bravery as ever they did in their daies by the ruine of the Common-wealth when as thousands who have spent all they have in the world and done the Kingdome good service have not a bitt of bread to put in their mouthes c. This is a most notorious Lye the Lords and Commons having removed all their Members by a speciall Ordinance from all the Offices conferred on them by the Parliament though well deserving and fit to mannage them And when this slanderer shall make good this false charge by sufficient witnesses against any particular Members guilty of it he shall receive a fuller answer Page 5. He complaines that the Parliament and House of Commons who formerly owned him having served their turnes of him hee could never have Justice from them though he hath been as faithfull a friend to the Common-wealth as ever any they imployed And whereas Magna Charta saith Justice and Right we will deny to none we will deferre to none yet have I waited these foure yeares upon them at great expences and cannot get them to put their Votes in execution And now of late I have followed them about this six moneths to the expence of about 100 l. to get a Petition read that I might have justice and reparation but have been denied Justice and Right and could not get my Petition read which he ingeminates inculcates in sundry other pages To which I answer that it appeares by the next preceeding words that the Parliament served his turn first not he theirs First By inlarging him out of Prison and restoring him to his Liberty Secondly By hearing his cause and Voting his sentence in the Star-Chamber illegall and that he ought to have reparations Thirdly By saving him from an arraignement for his life before the whole House of Peeres about the Earle of Strafford when the King himselfe sent in an Accusation against him Aug. 4. 1641. for his seditious carriage To which he might have added and doth elsewhere relate a fourth by saveing his necke from the Gallowes at Oxford and purchasing his release by an exchange from thence to which I contributed my owne best assistance But did the House ever imploy him in any publike service to serve their turnes Surely never for ought I could learne and if they had they should have heard of it to purpose in this Letter What an ungratefull lying Merchant then doth he shew himselfe thus ill to requite the House of Commons for this their extraordinary favours to use such scandalous false speeches and Libellous invectives against them that having served their owne turnes of him he could never have Iustice from them since c. Yea but he hath waited above foure houres space and can have no reparations for his losses according to their Votes But is this the House of Commons fault Have they been backewards to doe him right or rather hath not he beene negligent and wanting to himselfe in procuring a transmission of his cause to the Lords without whose concurrence his sentence cannot be reversed nor his dammages ascertained and repaired Surely it is very well knowne to the world that my owne Sufferings Imprisonments Losses transcended his by many degrees and that the Commons Voted me Reparations and Dammages for them long before they passed their Votes for him that never yet received one farthing recompence for all my Losses Dammages eight yeares Imprisonment Exile the losse of my calling and estate in any kinde whatsoever though I presume I have done far greater more and better Services for the State Church Parliament then ever he performed for them Yet did I never complain either of or against the Parliament for breach of Magna Charta in not doing or delaying to do me Right or Justice neither had I just cause to do it since the weightier publike affaires of three bleeding Kingdomes Churches and our Bloody Wars and Schismes in all three have ingrossed all their time thoughts and deprived them both of vacancy opportunity and since of present meanes to right me in this kind in these necessitous times The like I might say of my Dear Fellow-sufferers Doctor Bastwicke Mr. Henry Burton Mr. Peter Smart Dr. Leighton Mr. Walker and

sundry others who suffered far greater losses and underwent far longer imprisonments then John Lilburn and were Voted Reparations in the Commons House before any such Vote for him yet never received any satisfaction or fruit of these Votes by reason of the Parliaments more publike imployments whose Councels Debates time have been wholly taken up to preserve our three whole Kingdomes Religion Lives Liberties and themselves from eminent ruine which blessed be God they have done Yet never did any of these revile the Parliament or Commons or publikely tax them of injustice in such a Libellous base unchristian way as he hath done but still sit down quietly and waite with patience till God shall restore the Parliament and Kingdome to such a condition as may inable them effectually to accomplish what they so long since Voted in their behalfes Onely poor upstart John is lately swelled to such an Altitude of worth and Merit in his owne conceite for his late Libellous and seditious Anti-parliamentary pamphlets that he thinks the whole Parliament guilty of the breach of Magna Charta for not setting all publike businesses aside to heare his private Petition and give him Reparations whereas if they had strictly pursued Magna Charta in doing undelayed justice against him for his seditious scandalous execrable Libells against themselves their Proceedings Power Members and others who have done them service perchance he might have received his just recompense at Tiburne ere this and I pray God give him so much grace and timely repeatance as may make him capable of so much mercy to escape it at last I find another notorious slander of his with which I shall conclude in the 11 page of this Letter of his to this effect I served under my Lord of Manchester where and with whom I adventured my life as freely as any man in the Army and the best requitall that I got at his hands was an earnest endeavour by him to hang me for taking Tickell castle from the Cavaliers Truly though none wil or can believe this Slander of this Noble Lord yet they will easily believe it of himselfe if they considerable his seditious Anti-Parliamentary Libels Practises and some other conspiracies of him or his confederates against the Parliament and some chief members of it that he doth most earnestly endeavour to hang himselfe and some of his best friends fear that hanging will be his destiny since he takes such desperate courses to bring him to it He hath therefore now need to ply God with his prayers to give him so much Grace and I heartily pray he may so do as may prevent so great a shame so sharpe a sentence and reserve him for some better end Having thus charged throug and rooted his maine Squadron of Lyes and Scandals against the Parliaments and Committees proceedings I shall in the third place a litle examine and refute his mistaken law his mis-interpretation of Magna Charta and the Petition of Right which had very ill fortune to fall into the hands of such a lawlesse Ignoramus The summe of Lilburnes complaint against the Parliament is That he hath beene severall times sent for examined and imprisoned by the Parliament and its Authority in a most unjust arbitrary and tyrannicall way contrary to Magna Charta the Petition of Right and liberty of a free-borne subject This I have already manifested to be a most false and scandalous Lye in matter of fact I shall now cleare it to be so in point of law to stop his and all mens clamorous mouthes by making good these 4. Propositions First that his first summons onely to appeare before the Committee of Examinations upon an expresse order of the Commons house for printing his first Libellous Letter against the Parliaments Ordinances Proceedings Power the Venerable Assembly and my self without license contrary to severall Ordinances of both Houses is neither against Magna Charta nor the Petition of Right nor the Subjects Liberty not Law of the Land but consonant to them all 2. That his second summons and third sending for in custody for printing his Libellous Answer given under his hand to the Committee without license contrary to their expresse order and direct Ordinances of Parliament is not contrary to Magna Charta c. but agreeable thereunto 3. That the Committee's examination of him concerning his last printed unlicensed Papers and words of Mr. Speaker was no infringment of Magna Charta or the Subjects liberty but warranted by Law and his commitment for refusing to answer most just and Legall 4. That his commitment to the Serjeants custody by Vote of the Commons House before ever he knew his Accusation or Accusor and without being called to the Barre and heard to speak there for himself is no infringment of Magna Charta the Petition of Right the common law or subjects liberty but warrantable just and Legall Before I proceed to these particular Heads I shall give you a briese Account what the law of the land is in cases of Libels against private or publike persons Lilburnes Libels and false reports both of the Parliament Committees Speaker and members of both houses being the ground both of his summons and imprisonment The law before the Conquest was that the Author and spreader of false Rumors among the people had his Tongue cut out if he redeemed it not by the prize of his head as appeared by the Lawes of King Alfred cap. 28. and Sir Edward Cookes 3. Institutes p. 198. We read in Bracton l. 2. Tit. De Crimine lesae Majestatis in Glanvil l. 2. f. 110. in Britton Tit. of Appeales f. 39. in Stamford Plees del Corone f. 1. b. and sundry other law-bookes that at the Common Law both before and since Magna Charta it was no lesse then High-Treason for any man to do or give consent or assistance to any thing which might move Sedition in the Realme or Army which nothing is more apt to doe then seditious Libels against the Parliament and chiefe Members of it to mutiny the people and Army against them of which crime how guilty Lilburne is let all who have read his most seditious Papers judge Tr. 18. E. 4. B R Thomas Heber was indicted and out-lawed of High-Treason among other things for saying after the Parliament ended That the last Parliament was the most simple and insufficient Parliament that ever had beene in England I am certaine John Lilburne hath not onely said but written printed and published to the world of this present Parliament yet sitting that which is farre worse viz p. 4. 5. c. That Judgement there is turned backeward and equity cannot enter That the Lord saw it and it displeased him that there was no Judgement there That the Parliament having served their turnes of him he could have no justice since that he hath been denyed Justice and Right both by the House and Mr. Speaker That the vote of the house for his Commitment is contrary to Magna Charta

would be to the Parliament and what cause of clamours and just exceptions it would give to the Kings Malignant party to exclaim against them if they upon the information of those false Coyners who were Traitors by Law and had relapsed into this offence after a Pardon and now fled from thence to escape the hands of Iustice should thus be sent over thither by the Parliaments Authority as their Agents to apprehend Sir Philip the Governour a man of honour and credit who had formerly saved them from the Gallows and did now but his duty in prosecuting them and craved my advice therein before their arrivall here and bring him prisoner over hither who had just cause to apprehend and hang them there That this would be such an Act of indiscretion and injustice as would open the mouthes of all the world against them and alienate the heart of Sir Philip the whole Island and all good men from them And thereupon I desired them to take some course to call in their Warrant which they thought very just and desired my assistance therein whereupon I imployed one to finde out their lodgings which he did at last informing me withall that they were full of money and that Maximilian had offered a small Ingot of gold to sell whereupon I conceiving they had here set up their Coyning trade for which they fled from Jersey procured a Warrant from Iustice Hooker to apprehend their persons and search their lodgings for suspition of Coyning which was delivered to one Master Stone a Constable in Saint Clements who coming early in the morning to their lodging and standing at their Chamber door heard them telling mony on the Table which he conceived to amount to five or six pounds at least by the noise it made after which he knocking at the door and demanding them to open it they suspecting by his words and carriage he was some Officer refused to do it stood upon their guard and Maximillian offered to escape forth out of a Garret window and after that at a back door but at last they were both apprehended and searched but no money could be found about them except three or four pieces of French and Spanish Coyn not amounting to above five or six shillings But in Maximilians Trunk there was found a plate and mould to coyne with which himself bespoke about a month before of a Smith neer Charing Crosse bringing him the pattern in paper pretending it was an instrument which he must use in the Army wherein he pretended he was to be a Trooper together with powder to cast gold and silver mettle in and Alchimy Salts to colour their false silver with in the chamber over theirs there was found about a pound or two of their false mettle hid under the mats in a corner some in the lump not sophisticated some in small pieces newly melted and so cunningly sophisticated with Alchimy ingredients that it shewed like silver and would indure the Test insomuch that the Goldsmiths themselves could not discern whether it was sophisticated or not till Sir John Wollastons servants melted it down and then there was not one grain of silver in it being the most artificiall counterfeiting of silver without any mixture of it that they ever saw Vpon these pregnant evidences of their guiltinesse of coyning false money here seconded with their reall guilt of it in Iersey whence they so lately fled They were examined by Iustice Shepherd where Maximillian confessing his having the Ingot of gold which he tendred to sale and being examined what he had done therewith First he said he had given it away but to whom he knew not then that he had exchanged it for some Commodities he wanted but when where and with whom he exchanged it he knew not afterwards he said he had delivered it to a Master of a Ship and being taken tardy in that his last envasion was that he had sent it to Saint Mal●es in France Vpon all these circumstances they were both committed Prisoners to the Gate-house there being nothing wanting fully to convict them but only some of their false Coyne which they conveyed away in such sort that no piece of it could be found though the Constable heard them telling it as he conceived After which they were examined by Sir Robert Harles Master of the Mint who took away the Warrant they had from the close Committee to apprehend Sir Philip which Maximillian carried about him in a little box Not long after this these two Coyners lying prisoners in the Gate-house procured some Iersey Anabaptists and other of Sir Philips adversaries to informe some Members of the House of Commons that these two Coyners were very honest men who came purposely from Iersey to complain of Sir Philip to the Parliament for his Malignity and great oppressions and that by a meer plot and combination of some Malignants and friends of Sir Philips their lodgings were searched and they committed by Iustice Hooker and Iustice Shepherd to the Gate-house of purpose to take them off from prosecuting Sir Philip who was a great Royalist and notorious Enemy to the Parliament and would keep the Island only for the King they having complained against him and one or two of his Agents here that were in custody to the Committee of Examinations Vpon which mis-information both the Iustices and Constable were sent for to that Committee to be examined touching this practise who acquainting me therewith I accompanied them thither and hearing them begin to examine Iustice Shepherd in a criminall way upon the pretended plot against these Coyners I the reupon took all the businesse on my self that the Iustices and Constable did what they had done upon my information being meer strangers to Sir Philip and the Prisoners acquainted them with all the premises produced Sir Philips Letters the Mettle Mould and other particulars to make them good informing how they had abused the close Committee and this Committee too through their mis-informations and what a dishonour it would be to countenance or imploy such villains whom they should either hang here or send over thither in a way of Iustice to be executed desiring them to take some course to punish those who did thus mis-informe and abuse them neither of them daring to appear to make good what they suggested Whereupon the Iustices were dismisled these Coyners remanded to the Gate-house and Ordered to be proceeded against at the Sessions Whilest these things were in agitation about the time of these Coyners first arrivall in England Sir Philip assembled the Estates of Iersey together in nature of a Parliament where he and the States in name of the whole Island framed and joyned together in two Petitions the one to the King the other to the Parliament to this effect That they were deeply affected with the dissentions and civill Wars in England between the King and Parliament that they feared the like distractions there unlesse timely prevented by their wisdoms and care