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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

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and to the just practise that was used by the very Heathen Romans O brave times and brave justice To which he adds this imprecation to heaven against them Heare ô Heavens and give eare ô earth and thou righteous judge that lovest justice and judgement put forth thy hand and do justice thy selfe upon these unjust and unrighteous Judges of this age whom the people have set up for their good namely to preserve their lives Libertyes and Estates as their faithfull Stewards and yet destroy what they would seeme to maintaine with other passages as bad or worse By the Statutes of Westminster 1. made 3. Ed. 1. c. 33. 2. R. 2. c. 5. 12. R. 2. c. 11 1. and 2. Phil. Mary c. 3. and 1. Eliz. c. 7. It is enacted and straitly defended upon grievous paine that from thenceforth none should be so hardy to contrive speake or tell any false newes lyes or other such false things or publish any false Newes Lyes or Tales or Prelates Dukes Earles Barons Nobles or Great men of the Realme whereby debates discords or slanders may arise betweene the King and his people or the Lords Nobles and commons whereof great perill and mischi●fe might come to all the Realm and quick subvertion and d●struction of the Note said Realme if remedy were not provided And that he that shall offend herein shal be kept in prison untill he hath brought him forth in Court that did first speake and report the same and if he cannot bring him forth that then he should be grievously punished according to the nature of the ●ffence by the Councell And all Justices of Peace within every shire Citty and Towne Corporate are inabled to heare examine and determine the said causes and enjoyned to put these Lawes in due execution that from henceforth condigne punishment be not deferred from such offenders And by vertue of these Acts and of the very Common Law it selfe many persons for libellous false speeches Newes Reports and writings not only against Noblemen Iudges great Officers and other persons of honour but even of private persons have constantly in all ages been indicted in the Kings Bench before the Iudges and proceeded against in the Star-chamber for raising or spreading false News Lyes Libels Rumours and been imprisoned fined adjudged to the pillory to weare papers on their heads lose their eares undergoe other corporall punishments and bound with good sureties to the good behaviour as you may read in Sir Edward Cooks Commentary or Institutes on Magna Charta 3 E. 1. c. 33. His 3. Institutes c. 76. f. 174. His 4 Institutes cap. 5. 7. 5. Rep. pars 2. f. 129. 125. 9. Rep. f. 59. Cromptons Iurisdiction of Courts Tit. Starchamber and Banke le Roy 43 Ass 38. and Parson Harrisons case in the Kings Bench for defaming Iudge Hutton being a late memorable president of Iustice in this nature which every man approved This being the knowne received Common and Statute Law of the Realm agreeable to Magna Charta and the Petition of Right which protect no mans liberty person or estate against the due proccedings and punishments of Law when he turnes a Libeller Malefactor Felon Traytor or Delinquent against the Law for then every Theefe Murderer Felon in Newgate might plead it as well as Iohn Lilburn against their imprisonments and judgements The first question will be Whether the Committee of Examinations and House of Commons being really and truly informed of all the forementioned seditious Papers Libels Lies and false Reports published and printed by Lilburn against the Iurisdiction Ordinances Proceedings of the Parliament their Committees Members the Synod and others might not justly summon him to appeare before them being authorized and commanded by a speciall Order of the House to do it without any infringement of Magna Charta and the Petition of Right Certainly this being the truth of the question there is no man that knows what belongs to Law or justice but will acknowledge it since there is nothing so common in daily practice or experience as for the Lord Mayor and Aldermen of London the Mayor Iustices and chiefe Officers in every City or Corporacion the Iustices of Peace in every County the Judges and Stewards in every Court of Iustice the severall Committees and all Subcommittees of Parliament upon informations and complaints of any wrong or injury within their severall Iurisdictions to send out generall warrants writs or summons to the parties complained of to appeare before them to answer such things or misdemeanors as shall be objected against them And in the Army it selfe Iohn Lilburne cannot but know it is an ordinary course for the Generall or Councell of war or any chief Officer of the Army to send the Provost Marshall or other under Officers to summon any souldier under their Command to appeare before them upon complaints without sending them notice first what their accusation is or who their accuser and Iohn Lilburne himselfe as I am credibly informed hath without any Commission done more then this amounts to in Lincolnshire whiles he had there some petty Command And shall not a Committee of Parliament then have as much authority to summon John Lilburne to appeare before them upon a just complaint and speciall Order of the House without a grand infringement of Magna Charta the Petition of Right and such an out-cry as you have heard in print when as any Iustice of Peace or petty Officer may doe as much and more in the like case and every Souldier or Officer at any Court of Guard in any the Parliaments Garrisons Heare O Heavens and hearken O Earth what mad Non-sense new Law and Doctrine this Ignoramus hath published How many thousands have this Committee and other Committees and Sub-Committees of Parliament summoned to appeare before them many of them in custody since the Parliament begun and yet not one of them though the veriest malignant Royalist or Anti-parliamentarian breathing did ever pretend or alleage that this was an infringement of Magna Charta or invasion of the Subjects Liberties And all that have read any Parliament Iournalls in either House know that in all O●ders which appoint Committees or Sub-Committees to examine any businesse this clause is added And this Committee hath power to send for Parties Witnesses Records c. which they pursue accordingly and have done so in all ages Further take notice First that in matters which concerne the State or Republike meerly there needs no particular Informer or Relator but the Iudges and Officers of State ought ex officio to informe and prosecute all publike Delinquents Secondly that Iohn Lilburne certainly was the first of any I ever met with that preached or at least printed such Apocryphall Nonsense Law for which he produceth no Authority but his owne Ignorance And if the summoning of men to appeare either in Courts of Iustice or before Magistrates and Iustices of Peace should be against Magna Charta certainly there could never bee any
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