Mr. Lilburne enforced this as his main argument to the Jury that there were none that swore as to his hand that there was no Book proved his and if that of the agreement of the people were his it was before the Acts had a being or were in print Master Atturney replyed Mr. Lilburne these are but your own glosses the Iury answers to the matter of Fact they are upon their Oaths sworn to do things that are just and right My Lords said he I leave the evidence to them all that he had more to say was that Mr. Lilburne since he came before the Lords had not so much as owned the Power of the Court but often called them Cyphers and the like Mr. Lilburne desired that the Jury might read the first Chapter of Queen Mary in the Statute Book and the last Clause of the Chapter in the 13. of Queen Elizabeth but Judge Keble when according to the custom he was to speak to the Jury said That Mr. Lilburne had cited two Statutes to prove that there must be two Witnesses whereas if there were but one Witness to each Fact it were enough in Law and therefore he said Gentlemen of the Jury what you have heard must not stick with you you are not bound affirmatively to have two Witnesses but that one Witness where the circumstances concur that is sufficient that which should prevail with you was to consider the strength of the accusation which rested in the Books and did consist of three heads which were laid down in the Books themselves First the so far vilifying the Parliament and State as it was now establisht in England The second lookt on the counsels and incitations of Mr. Lilburne for the stirring up of Tumults Motions and Wars in the Nation The third are the things cited in the Books to that end and purpose to divide the Army These he said were the three main charges and these the Books that came from him did so plainly testifie that the Books were proved to be his they were fit Judges of and it clearly appeared by those his Books that these things were his invention He coucluded that these Books being admitted he said that never man that acted the highest of Treasons as he had done had so much liberty as he nor any man of his condition or any condition in England that was indicted in such case ever had a Tryal in such a Court such an Auditory such a Presence as he had Mr. Lilburne replyed the more was his sorrow he had rather it had been any where else The Judge enlarged himself that his plot was of such a nature that it struck at no lefs then the subversion of the Common-wealth that there was never such another did proceed from a private man as he was and therefore he desired the Masters of the Jury to look into their consciences as he said to them they having plainly before their eyes that there was not in one particular a single testimony but was aggravated with several circumstances Therefore as he said they being proper Judges of matter of Fact being of the same Countrey if they fully apprehended the dangerous things plotted in Mr. Lilburnes Books they would elearly finde that never was the like Treason hatcht in England so in Gods name as the prisoner did lead to their consciences he desired them to go and do Other petty transactions and cross answers passed betwixt Mr. Lilburne and his Judges not worth the taking notice of the Jury went forth at four of the Clock the Court adjourned till six the Court commanded the Lieutenant of the Tower and the Sheriffs to carry the prisoner to the Irish Chamber which they did the prisoner staid about three quarters of an hour and the Jury being come to the Court again the prisoner was sent for and after the Cryer had caused silence the Jurors names were called over again the Clerk askt them if they were agreed the Jury answered yes the Clerk askt who should speak for them the Jury said the fore-man The Cryer said John Lilburne hold up thy hand what say you look upon the prisoner is he guilty of the Treasons charged upon him or not guilty the fore-man answered not guilty of all of them The Clerk replyed not of all the treasons or of any of them that are laid to his charge The fore-man answered No not of all nor of any one of them The Clerk said again did he fly for the same the fore-man replyed No. Which no he pronounced with a loud voice immediately the whole multitude of people in the Hall for joy of the prisoners acquittal gave such a loud and unanimous shout as is believed was never heard in Guild-Hall which lasted for about half an hour without intermission the Bells being rung and Bonefires made in most Streets in London That night divers of Master Lilburnes friends went to the Judges the Parliament and Councel of State by whose importunities and by the help of the Lord Grey of Groby Collonel Ludlow Mr. Robinson and Collonel Martin his discharge was procured I shall close up the large particulars of this so eminent a Tryal with what I heard reported one merrily said That the Jury-men very well deserved the Medalls that Collonel John presented them with and that their own Pictures needed not to be cut for they had engraven them themselves and had questionless made admirable draughts for future Juries to coppy out the Liberties of the Subject Lilburne having thus gotten his liberty with some repute for practice attended the Committees in nature of a grand Informer or Sollicitour pleading in all causes where he might have any advantage thereby yea some report him so corrupt in his practice as his own Party were ashamed of him which if true he was the more inexcusable having vehemently cryed out against the same in the Lawyers and might with shame apply the Poets words to himself Turpe est Doctori cum culpa redarguit ipsum Unto a Teacher it 's no small disgrace When his own faults reprove him to his face About the same time were dangerous insurrections and horrible riots committed in the North the occasion thus at the expence of 175046. pounds or thereabouts there was drained or laid dry 160000 Acres of land lying contiguous within the Counties of York Lincoln and Nottingham not worth before three shillings and four pence an Acre one with another the which was made worth some ten other twelve yea some twenty shillings an Acre in the Mannor of Epworth was 7400. Acres which had been peaceably possessed by the Drainers and their assigns the space of ten years but several persons envying them the benefit accrewing thereby in a tumultuous manner came into the level and breaking down the fences destroyed and laid waste above 4000. Acres of drained Land and pulled down several houses standing thereon Others afterward several dayes during the flowing of the spring tide violently forced open a Sewer called Snow-Sewer planted upon
thus victory sometimes slips thorow their fingers who have caught it in their hands Yet notwithstanding this disaster enough to have daunted a coward from prosecuting his design any further he resolveth not to give over the project but whilest he was determining what to do a golden opportunity courted him with success certain Negroes called Symerons advertised him of many Mules laden with Gold and Silver which was to be brought from Panama over the Mountains Drake who had plowed long Furrows in the Ocean expecting to have a Golden Harvest leaves competent numbers to man his Ships and with the rest of his men goes on Land intercepts the prize being weakly guarded and carries away an infinite mass of Gold hiding the Silver under ground as not portable over so high hills Then burnt he a great place of Traffique called the Cross and in it two hundred thousand pounds worth of Spanish Merchandize which done he returned with great Honour and Riches into England This his so lucky beginning gave him more hopes of prosperous proceeding wherefore in Anno 1577. he again sets forth from Plimouth with a Fleet of five Ships and sixteen hundred and four men in them and within twenty five dayes came to Canline a Cape in Barbery in his passage he took Nuno-da-Silva a Spanish Pilate whose directions he afterwards much used Hence he took their course to the Island of Brava being much troubled with tempestuous winds which in one hour vary all the points of the Compass nor was their rain less strange poured not as in other places as it were out of sieves but as out of spots so that a Butt of water falls down in a place which notwithstanding was but a frendly in jury helping them to fresh water which otherwise in that hot Climate far from Land is not so easily come by Then cutting the Line he let every one in his ships bloud there saw they that face of Heaven which the Earth hideth from our sight but therein onely three stars of the first magnitude the rest few and small compared to our Hemisphere as if God saith Mr. Fuller had on purpurpose set up the best and biggest Candles in that room wherein his civillest Guests are entertained The 16. of April he entred the River Plate in which place John Doughty the next to Drake in Authority was questioned for raising sedition in the Navy who being found guilty was beheaded Some report Leicester had given Drake in charge to make him away for words be had said against him touching the Earl of Essex The twentieth of August he passed the Magellan Straits with three ships having cast off the other two as Impediments and then entring the Pacifique Sea his ships by tempests were dispersed from each one the one whereof was never more seen the other returned home through the Straits Drake himself held on his course to Chily Coquimbo Cinnano Palma Lima upon the West of America passing the Line the first of March till he came to the Latitude 47. intending to have come by those North Seas but unseasonable weather made him alter his determination and bend his Course South-West from thence coming to Anchor 38. degrees from the Line where the King of that Countrey presented unto him his Net-work Crown of many coloured feathers and resigned therewith his Scepter of Government unto his Devotion his people so admiring our men that they sacrificed unto them as to their gods This place for the glory of England he named Nova Albion and at his departure erected a Structure as a Monument to witness what there had been done From thence the fourteenth of November he fell with Ternate one of the Isles of Molucco the King whereof entertained him curteously telling them they and he were all of one Religion in this respect that they believed not in Gods of stocks and stones as did the Portugals Here he took in certain tun of Cloves with some necessaries which they wanted But in relating the honour we must not omit the riches he got in this journey his Prizes being many and of great value which by Sir Richard Baker are thus summarily delivered Loosing from the Isle Moucha he lighted upon a fellow fishing in a little Boat who shewed him where a Spanish ship laden with Treasure lay Drake making towards it the Spaniards thought him to be their own Countrey-man and thereupon invited him to come on but he getting aboard presently shut the Spaniards being not above eight under hatches and took the ship in which was four hundred pound weight of Gold At Taurapasa going again on shore he found a Spaniard sleeping by the sea side who had lying by him twenty bars of massy silver to the value of four thousand Duccats which he bid his followers take amongst them the Spaniard still sleeping After this going into the Port of Africa he found there three Vessels without any Marriners in them wherein besides other wares were seven and fifty silver Bricks each of which weighed twenty pound Tiding it to Lime he found twelve ships in one road and in them great store of silks and a chest full of money coined but not so much as a ship-boy abroad such security there was in that Coast Then putting to sea with those ships he followed the rich ship called Cacofaga and by the way met with a small ship without Ordnance or other Arms out of which he took fourscore pound weight of Gold a golden Crucifix and some Emralds of a fingers length And overtaking the Cacofaga set upon her and took her and in her besides Jewels fourscore pound weight of Gold thirteen Chests of Silver and as one writes as much silver as would ballast a ship And now having fraughted his ship with so much wealth that a Miser would not desire any more he resolveth to return home and having a large winde and a smooth sea ran aground on a dangerous shole where his ship stuck twenty hours having ground too much and yet too little to land on and water too much and yet too little to sail in Expecting now no other then death they betook themselves to prayer the best lever at such a dead lift afterwards they received the Communion dining on Christs in the Sacrament expecting no other then to sup with him in Heaven Driven to this strait they were forced to cast out of their ship six great Peeces of Ordnance threw over-board as much wealth as would break the heart of a Miser to think on with much sugar and packs of spices making a caudle of the sea round about At last it pleased God that the winde formerly their mortal enemy became their friend which changing from the Starboard to the Larboard of the ship and rising by degrees cleared them off to the sea again for which they returned unfeigned thanks unto Almighty God Having escaped this eminent danger they bent their Course South-West to the Cape of Bone Speranco and by the West of Africa returned safe into
the River of Trent purposely to let in the Waters the which course they continued till they had drowned 8000. Acres of Corn and Rape then growing and the Corn stacks generally half way with the greatest part of mens houses and habitations by the space of ten weeks Now fearing they should be punished for these insolencies and desirous to keep what they had thus gotten they drew to their assistance Mr. Lilburne J. W. and one Noddel a Solicitour who notwithstanding the Court of Exchequer made a decree for establishing the possession again with those from whom they had wrested it and that this decree was published upon the place in presence of divers of the inhabitants they openly declared That they would not give any obedience thereunto nor to any order of the Exchequer or Parliament and said they could make as good a Parliament themselves some said It was a Parliament of Clouts and that if they sent Forces they would raise Forces to resist them moreover from words they proceeded to action so that within ten dayes time they totally demolished the whole Town of Stantoft and other houses thereabouts to the number of eighty two habitations defaced the Church burnt Stables and Out-houses broke in pieces a Wind-mill destroyed all the Corn and Rape on the ground no less then 3400. Acres so as the dammage at that time was estimated to be 80000. pounds or more Moreover Lilburne with his associates agrees with several men of Epworth that in consideration of 2000 Acres of Land for him and J. W. and 200. Acres to Noddel they would defend them in all those riots and insurrections and maintain them in possession of the rest of the Land this bargain being made Lilburne with Noddel and others came to Stantoft Church on the Lords day and forced the Congregation from thence employing the same to the use of a Stable Cow-house Slaughter-house and to lay his Hay and Straw therein For these tumultuous practices as also for joyning with one Mr. Primate in seeking to defraud the Common-wealth of the Collory of Harraton in the County of Durham the sequestered estate of Thomas Wray Esquire which Mr. Primate pretended a right unto though upon examination it proved otherwise this following Act for his Fine and Banishment was publisht against him Whereas upon the fifteenth day of January in the year of our Lord one thousand six hundred fifty one A Judgement was given in Parliament against the said Lieutenant Collonel John Lilburne for high Crimes and Misdemeanours by him committed relating to a false malicious and scandalous Petition heretofore presented to the Parliament by one Josiah Primate of London Leather-seller as by the due proceedings had upon the said Petition and the Judgement thereupon given at large appeareth Be it therefore enacted by this present Parliament and by the Authority of the same that the fine of three thousand pounds imposed upon the said John Lilburne to the use of the Common-wealth by the Judgement aforesaid shall be forthwith levied by due process of Law to the use of the Common-wealth accordingly And be it further enacted that the sum of two thousand pounds imposed by the said Judgement upon the said John Lilburne to be paid to Sir Arthur Hesilrige for damages and the sum of two thousand pounds likewise imposed by the said Judgement upon the said John Lilburne to be paid to James Russel Edward Winslow William Molins and Arthus Squib in the said Judgement named that is to say to each of them five hundred pounds for their damages shall be forthwith paid accordingly And that the said Sir Arthur Hesilrige James Russel Edward Winslow William Molins and Arthur Squib their Executors and Administrators shall have the like remedy and proceedings at Law respectively against the said John Lilburne his Heirs Executors Administrators and Assigns for the recovery of the respective sums so given to them by the said Judgement as if the said respective sums had been due by several Recognizances in the nature of a Statute Staple acknowledged unto them severally by the said John Lilburne upon the said fifteenth day of January in the year of our Lord one thousand six hundred fifty one And be it likewise enacted by the Authority aforesaid that the said John Lilburne shall within twenty dayes to be accompted from the said fifteenth day of January one thousand six hundred fifty one depart out of England Scotland Ireland and the Islands Territories and Dominions thereof And in case the said John Lilburne at any time after the expiration of the said twenty dayes to be accompted as aforesaid shall be found or shall be remaining within England Scotland Ireland or within any of the Islands Territories or Dominions thereof the said John Lilburne shall be and is hereby adjudged a Fellon and shall be executed as a Fellon without benefit of Cleargy And it is lastly enacted by the Authority aforesaid that all and every person and persons who shall after the expiration of the said twenty dayes wittingly relieve harbor or conceal the said John Lilburne he being in England Scotland or Ireland or any the Territories Islands or Dominions thereof shall be hereby adjudged accessary of Fellony after the Fact And all Judges Justices Majors Bayliffs Sheriffs and all other Officers as well Military as Civil in their respective places are hereby required to be aiding and assisting in apprehending the said John Lilburne and in putting this Act in due execution Lilburne hereupon sets Sail for Holland with a resolution as he set forth in print Never to see England so long as Cromwels hateful and beastly tyranny lasted unless it were in a way to pursue him as the grandest Tyrant and Traytor that ever England bred some report that during his abode there he negotiated with the Lord Hopton Collonel Charles Lloyd and others of the Royal Party that for the sum of ten thousand pounds he would destroy the Lord General Cromwel the Parliament and Councel of State that then sat at Westminster and settle Charles Stuart in his Throne in England or else he would have a piece of him nailed upon every post in Bruges But for the truth of this besides his own denyal I cannot conceive he should have any thought that Party would trust him especially with such a sum of money having before declared himself so great an enemy to the late King But what ever were the motives that induced him resolved he was to come into England again to which purpose he sent Cromwel this introducing Letter For his Excellency the Lord General Cromwel These present My Lord At my discourse with you in your Gallery about four or five moneths ago I had thought I had given your Lordwip so full satisfaction in every thing that might remove all jealousies from you of my disserving you in any kinde that of all men in the Parliament I little imagined to have found your honour to be the principal man to banish me into a strange Countrey where