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war_n	death_n	king_n	treason_n	2,761	5	9.5559	5	false

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A86094	Lieut. Colonel John Lilb. tryed and cast: or, his case and craft discovered. Wherein is shewed the grounds and reasons of the Parliaments proceeding, in passing the act of banishment against him, and wherefore since his coming over hee hath been committed to the Tower by the Parliament. Here likewise, is laid open the partiall, corrupt, and illegal verdicts of his juries, both the former and the later. Being to satisfie all those in the nation that are truly godly, and wel-affected to the peace of the Common-wealth: and to stop the mouths of others; proving, what is done in order to his present imprisonment, is according to the rules of justice and equity contained in the morall law of God, and nature, or sound naturall reason. Published by authority.	Hesilrige, Arthur, Sir, d. 1661.	1653 (1653)	Wing H1125; Thomason E720_2; ESTC R40953	178,723	190

Serpents teeth They pestilent the bloud Of man in byting and his death Can hardly be withstood Now howsoever the General according to his place and power which he had might have prosecuted things against him yea have tryed him by a Councel of warre for many apparent Conspiraoies and Treasons against the Armie and Common-wealth and proceeded accordingly And this he might have don upon the Rules of Justice and Reason grounded upon the Law of God and Nature For it is an undoubted Rule in e Joh. 11.50 18.14 Divinitie and policie that it is more expedient that one man die yea ten an hundred a thousand then the whole Nation should perish f Melius est ut pereat unus quam pereat unitas Aug. Melius est justius unum pro multis quam pro uno multos mori Sueton in M. Salu Otho Better one then one-nesse g Vre seca ut membrorum potius aliquod quam totum corpus intereat Cic. Phil. 12. Better one corrupt and putrified member be cut off then that the whole bodie thereby should be infected and destroyed And the Law saith h Frequentius vivi sectione partes eminentioribus locis suspendendas Clav. D. num 8. Damhoud Conspirators against the publick peace are to be cut asunder alive and the parts of their bodies to be hanged up in the most special places of the Land Howsoever we say the General might thus have don yet he let him alone being for disposition and qualitie of minde the same which the Poet ascribed unto Caesar Est piger Ad poenas princeps ad praemia velox Cuique dolet quoties Cogitur esse Ferox To punish slow to warre all speed doth make A Prince who grieves though forc't revenge to take So againe for his Excellency the Lord Cromwell how i Some write of spirits who will throw down stones upon men but their blowes do no hurt to them whom they hit It hath pleased the Lord that hitherto his sharp arrows have not hit the General but are fallen upon his own head like the Witch that had the disease passe unto her that had bewitched another thus the righteous is delivered out of trouble and the wicked cometh in his stead Prov. 11.8 As some suttle fish while they are laying gins and snares for other fish themselves are taken so here unreasonably he hath abused him by false and rayling Accusations it is generally too well knowne As Nebuchadnezzar full of furie commanded that they should heat the furnace one seven times more then it was wont to be heat so hath Mr. Lilburn don with the present Generall made the oven of his mouth a great deale hotter then before other men had but sparkles here we have k The Jewes write that Rabsheketh was an Apostate from their Church and by his rayling it seemes it was so Let any sober man read what he hath written against the General and he will say it was don by one who had cast off both religion and honesty too flames firebrands and great Coals cast forth as if his mouth were Aetna or some other burning Mountaine We think it will be better and more for the Readers satisfaction to give him some general observations upon the falshoods and forgeries which he hath published against the General then to set them down 1. It is well known unto all men who have any knowledge in history that to asperse men in authoritie especially if eminent and men of publick spirits as to call them Tyrants Murtherers Traytors c. It is an old State destroying Stratagem Amsolom did doe so and Machiavel himselfe hath it And for example Instanceth one Manlius Capatolinus who being overcome with envie and not able to endure the honour and renown given by the Citizens of Rome deservedly to Furius Camellus for his valour good service and the general good which the Common-wealth had thereby received addressed himselfe as Lilburn doth in his reproachfull Libels and Pasquils to the vulgar people as well knowing their temper l Municipale vulgus pronum ad suspitiones Tacit. hist 11. how prone they are to suspition m Vulgus cujusque motus novi cupidum Tac. hist 1. desirous of new motion n Non delectu aut sapientia ducitur ad judicandum sed impita quadum temerita Cic pro plan judge things headily and rashly o Inopes bonis invident odio suarum rerum mutare omnia student Salust envie the rich and out of a dislike of their present condition desire to alter all things p Qui nihil sperat desperat nihil He that hath nothing feares not to doe any thing Now hereupon many falshoods and calumniations being raysed up by that Incendiarie the people ran together make head fill all places with tumults and uprores and no doubt great mischief would have followed had not the Senate created a Dictator who by Examination plainly found out the Treacherous Conspiracy of Manlius The like q Machiavel discourses lib. 1. c. 8. he reports to be frequently practised at Florence his own Citie r Envie is like certain flies called Cantharides who light specially upon the fairest wheat and most blown roses Such as this Nation hath had most cause to love have been most hated Such men saith he as had served the State best and been imployed in the greatest affaires were most slandered of one they said he had rob● the Common Treasure of another that he had not performed his trust in the Army of another that through Covetousnesse and Ambition had sought his own Interest Hence grew hatred thereupon division from division to faction from faction to ruin Againe a little after And this Course saith he namely to ſ The Hieron endeavoureth to fly above the Faulcon and to wet his wings with her Excrements to make him fly heav●ly make his purpose unprofitable So Incendiaries by falshood as the excrements of their tongue seek to eclipse the honour of other men thereby to advance their own rayse up false reports against men in Authoritie is a readie way whereby many doe serve themselves as steps and helpes to their ambitious ends For being to encounter with powerfull men they make the people their friends by telling them they will take their part against the Tyrannical usurpation and Encroachments of Great Ones and procure their Rights and Freedomes out of their hands If we compare former things and persons with things and persons now we shall finde that saying most true There is nothing new under the Sunne t Those that will compare the plots and designes of former Incendiaries with Lilburn his party may see some ods as thus 1. The several kinds of treacheries which have been acted by diverse men he himself hath don 2. No man that hath so openly sought the ruin of State hath escaped so long from punishment 3. Few have enriched themselves by seeking the overthrow of another so much as

scorn call'd him Baal-peor the god of opening or of a crack Unlesse it be such as do adore him For other men they value his words but as cracks and winde they could not make an Act of Parliament since the Kings head was cut off Here the man takes off the vizard from before his face and will no more trouble the Attorney Gen about producing sufficient and legall witnesses but for the Treason which he speakes he resolves now to abide by it Neverthelesse wee cannot tell but he may have here some Jesuiticall Equivocation As it was a common practice among young Students in the time of the Dunces that in disputation when they were brought to an inconvenience were it never so absurd they would have a distinction though without braine or sense So possible he will o So the like concerning the protestaon which he made that he was not the John Lilb intended in the Act of his banishmēt here no doubt he hath a distinction now tell what it is eris mihi magnus Apollo have a distinction between a lawfull Parliament and making an Act of Parliament that is it may be virtually and formally a Parl. and yet want power or not be in a capacity to make an Act of Parliament And we are the more perswaded to think that he will make some such Dunce-like distinction because he knows Whosoever shall say that the last Parliament Assembled was unlawfull or not the Supream Authority of this Nation shall be taken deemed and judged to be high Treason But we shall leave this to himself and proceed 3. He said p If a Child might have its choise whether to burn the rod or spare it we know in this case what hee would do The Jury being Judges of the Act and law that is either to repeal it or let it stand had reasō to make it null for their owne safety A dead Lion cannot bite By the same Law they voted him to death they might vote his q They must needs be so for they are of his owne choosing and wish as much good to the State as he doth honest twelve Jurie men Was not this a very winning Argument and enough to work effectually and feelingly upon the affection of the Jury It being for all the world as if some Arch Thiefe or Murderer should say Yee Gentlemen of the Jurie take heed what you doe in my Case For if you hereafter shall be found r As who knows but what your heart thinks may come out at your mouth one time or other guilty of such Robberies and Murders as I have committed there will be as much reason and Law that ye suffer as my selfe Cleonides being askt why he spared the Argives who had sought to destroy their Countrey answered lest saith he we might want such men to exercise our youth If we consider the weaknesse and vanity of Lilburns words and how corrupt and unjust his 12 men were in their verdict In stead of that answer or rather no Answer which they gave at the time of their Examination before the Councell of State they might well and truly have said Wee have spared him ſ In the days of Hadriā the Emperour there was one Bencosby gathering a multitude of Jews together called himselfe Ben-Cocuba the son of a star applying that prophesie to himself Num. 23 17. but he prov'd Barchosaba the son of a lye No otherwise may they expect in following this mā whom they did choose as the star of the Law to be led by in their proceedings but an ill businesse in the later end lest we should want such a man as he to oppose the present Gouernment and to carry on the Cavalliers Design and Interest for us 4. He said The Parliament before the Kings head was cut off and the Members taken out were in their purity t This is the first time to our remembrance that ever in publick hee spake well of any Government who knows in regard of the great familiarity between him and the Cavalliers but he might learn some such thing of them a gallant Parliament who were tender of the liberties and of the wel-fare of the Nation And walked in the steps of their Ancestors and Fore-fathers Then were the dayes of their virginity they made good and righteous Laws and then they had no force upon them But since 1640. and 1641. there have been no good Laws made All this as the rest is only a flash and winde nothing at all to the purpose or thing in hand Two things neverthelesse are worth the observing 1. His notable dissimulation as being like the Crocadile of whom it is said when he hath kill'd a man afterward weepes over him as if he were sorry and did repent for what he had done It is well known what an Enemie he was to the u We are here in the dark as to find out the bottome of the man why the Parliament before the Kings death was so gallant Hee brings this in by head and eares as having no occasion to speak of such a thing But if we may give our guesse he speaks this to justifie the last King and to condemn the Warr which was made against him For beings Virgin Parliament and making good and righteous Lawes what could they have more of the King So that the King was in no fault of the blood and treasure of the Nation which was wasted Parliament before the Kings death his own Libels and Pamphlets are yet extant wherein hee doth as much scandalize and reproach the Parliament then as since But see here his Crocadile teares as weeping over their dead bodies by a feyned and base flatterie seemingly to repent for the murder of his tongue 2 Note his grosse absurdities and contradiction The Parliament before the Kings death which was not till about the yeare 1649. was a gallant Parliament c. and yet since the yeare 1640. or 41. there hath been no good Lawes made We shall not presse him here but spare him and endeavour to help him out Thus therefore we understand him In the yeare 1640. or 41. the Parliament x It might have been said of that time hodie venemum Reipubl est immissum For ever since that time hath hee been restless and continually quarrelling with one or other bestowed somthing upon him he being formerly very poore since which time they have not done the like and so consequently made no good Lawes And thus stands the case for otherwise putting aside his owne Interest we all know that more usefull and wholesome Laws have been made since Anno 1640. or 41. then before 5. He affirmes that it was no lawfull Parliament that made that Act. Againe The Parliament that made this Act of Banishment was no Parliament I will prove it And the Parliament were rather Transgressours then I. Againe Admit the Parliament legall They had NO POWER TO SEND FOR MEE If there were y In the great contest which

p. 6. But those Souldiers in following the treacherous counsell of Lilbu●n and others repented for it at last Note what they say in their Petition to his Excellency subscribed by 340. Your Petitioners are very sensible of the odiousness of our fact how liable it renders us to the wrath and displeasure of God how destructive the same might have beene to the being of the Nation and the good and welfare of the other two and therefore cannot but acknowledge the sentence of death passed upon us by your Excellency and the Councell of Warre very just and equall And a little after It will very much magnifie your Excellencies Christian temper in receiving such detestable offenders to mercie Foelix quicunque dolore Alterius discit posse carere suo Tibul. By this means many of Commiss Gen Ireton and Col Scroops Regiments were occasined to revolt and cast off their Officers an act not to be parallel'd and as their businesse began to grow to a head they sent their Emissaries and Agitators to all parts as we have good intelligence pretending from on● Regiment to another that each Regiment had declared that so by that Artifice they might draw each to declare To the Forces in Wales and in the West they gave assurances that the Forces about London would revolt and to those about London that those in Wales and the West would do the same And to the Forces in the North used they the like Arguments and nourished also the distemper of the Forces in the South But o Hor. Epad. 7. Quo quo Scelesti ruitis aut cur dexteris Aptantur enses conditi Parumne Campis atque Neptuno super Fusum est Britanni sanguinis Ah wretches whether hast you to what end Do your right hands to sheathed swords descend Is there so little yet of English blood Powr'd on the Champion fields or Ocean flood Was not here a fire kindled and likely to have been a flame in which our liberties proprieties and lives had even at once been consumed to ashes As the clock never stands still from running so long as the pieces and plummets hang thereat such a thing was Master Lilburn in the Armie a constant MOVER of the souldiery to sedition in one place or other But to proceed These souldiers being revolted hereupon p The unanimous Declaration of Colonell Scroops and Commissary General Iretons Regiments at a randezvous at old Sarum May 11. 1649. Note Reader how many falshoods are here declared in a little 1. It was an untruth that they were sensible of the peoples burdens for then they would never have taken that mutinous way whereby to put the Nation to more charge 2. It was untrue that they regarded the sad condition of Ireland for they were the principal men that refused and discouraged others from going 3. It was an untruth that they sought the peoples ease for they sought themselves as to fish in troubled waters they unanimously declare no otherwise then as they had been taught what was the end of their Conspiracie and Insurrection Namely to free themselves out of the hand of Tyrants All their endeavour shall be for the setling of this poor Nation and the restitution of their shaking Freedome The same pretences which Jack Straw Wat Tyler Cades and the Munster Rebels used They are forced here they left out Mr. Lilburn and some others whom they might have nam'd as the Forcers to deny obedience to such tyrannicall Officers whose unsufferable proceedings tend manifestly to the obstruction of peace the hinderances of reliefe from Ireland the inslaving of the consuming Nation And howsoever they shal be burdensome to some places and persons for meat and drinke yet that may be well born withall seeing they seeke the peoples ease * Birds in the Fable seeing the Fowler with Beads in his hand and his eye looking up to heaven are said to speake one to another We must not regard his eyes nor his beads but the blood rapine that is in his hand The moral is rightly appliable to these men and their freedom from those intollerable burdens lying on their shoulders whereof they are very sensible Thus they Timotheus Alexanders Harper when his Master was at a Banquet plaid such an Allarm or assault as caused the King to forsake the Banquet and take his Armour so that his spirits remaining vanquished or overcome he was constrained to obey the harmonie that proceeded from the instrument The Reader may here perceive how to the life Mr. Lilburn and that party can skilfully play an Allarm of Rebellion unto the Souldiers For as overcoming those low spirits they have been in a manner q According to their saying before FORCT to cast off their Commanders and to follow the charming Musick which they have made And it will not be amisse if we here set down some particulars whereby they have occasioned the Souldiers unto such Revolts 1. As it is truly said r A Declaration of the proceedings of his Excellencie pag. 6. their foundation was laid of lies and falshood wherein they have not been inferiour if not beyond those Enemies we had last to deale with He that shall peruse the very worst which hath bin spoken or published against any Army-Officers in any age of the world shall not find more scandalous horrid and base things charged upon any any where ſ Male facere qui vult nusquam non causam invenit canem ut caedas facile invenias baculum then Mr. Lilburn and his party have cast upon ours whom the Lord hath most eminently honored blest by his presence with them wheresoever they went As Nero when hee hurled the Christians to dogs seeing the Mastives would not touch them he clad them in Bears skins to kindle the fury of the dogs that they might take them to be beasts and not men Just so hath been their practice to set the Souldiers as dogs on their Officers to devour and tear them in pieces first they would cover them with the Bears skins of their false and slanderous tongues as not regarding what they said nor how untrue their accusations were so they might trouble and disquiet the minds of the Souldiers and move them to faction And to say the truth so t The truth is Mr. Lilburn with his tongue and pen hath bin such a constant slanderer as few Malignants excepted but have counted him a most seditions person and amongst the godly that know him was cast out as unsavory salt It had bin well for him had he remembred Omnia si perdas famam servare memento qua semel amissa postea nullus eris excessive have their tongues and pens been let loose in this way of slander that had not the Souldiers evidently seen and been satisfied what was reported of their Officers was false and scandalous and taken up as a design to divide the Armie there could not have been that lasting agreement between the Commanders and Souldiers as there

was 2. In carrying on of their stratagem to divide the Armie Their practice was when any of the Souldiers hearkning to their u Bonitatis verba imitari major malitia est Publ. Counsell acted any thing treacherously and dangerously against the Army highly to commend and justifie such mutinous and seditious persons calling them x English new Chain second part p. 14. 9. honest and worthy Souldiers the good men in the Armie the honest Nown-substantives y Peoples Prerogative pag. 42. men most conscientious and cordially acting for Common-good and resolved to stand for true Libertie z An Out cry of the young men pag. 12. Our true Burford friends who were treacherously and wickedly defeated Thus how seditious and dangerous soever their doings are neverthelesse to the end the worke of darkenesse may goe forward these Master Lilburn a Whilst an Asse is stroaked under the belly you may lay on his back what burden you will Mr. Lilburn knew how to make Asses of some souldiers hee streaks them with one hand calls thē his white boyes with the other hand loads their shoulders with the sinking burden of Rebellion stroaks and calls them honest men his true friends as encouragement and reason enough to forsake and cast their Commanders off It was a great honour to Achilles that his Deeds should be commended and set forth by such a man as Homer who would not raise sedition in an Armie refuse to obey the just Commands of Superiours make head against their Generall being certain of Mr. Lilburns pen and hand ready to defend it and to justifie it to the world though an act not to be paralleld as the Generall truly said for the horridnesse of it 3. To make good what we have before asserted viz. that none have more endeavoured by division to destroy an Armie then Mr. Lilburn Cum socijs have sought to ruine OVRS This appears further by their urging and instigating other Souldiers when their fellow souldiers for causing sedition have been justly punished to take severe revenge for it presently upon their Officers b The English souldiers Standard p. 8. Is it not a shame say they that your fellow-souldiers should undergo so slavish so c It is the Jesuites doctrine that he dies a Martyr that dies for his conspiracie Treasō against the State M. Lil. though no profest Jesuit teacheth the same But no Jesuit hath openly declar'd himselfe such an enemie to this State as he hath done severe and painfull punishment as to ride the wooden Horse or to run the Gauntlets and be whipt for small particular offences and that d He blames such Souldiers of whom Lucan speaks Nulla fides pietasque viris qui Castra sequuntur venalesque manus you should suffer in the mean time your Officers and Commanders to turn Tyrants and never punish them at all for it Is this to take up Armes when one man being your Commander may as the proverb saith steale a horse and you will hang a private Souldier for looking over the hedg For what comparison is there between a private Souldiers offence and an Officer turning a Beare a Wolfe a Tyrant Againe suffer this and suffer any thing Experience shewes he that takes one e Note how he boasteth that he gave the Parliament such a cuff under the eare as they will not shake off the pain and smart of it but this they must suffer only private souldiers must resist and not suffer any thing how justly soever they are punished box on the eare invites another and when Souldiers that should be men in all things stand still and suffer their fellow-souldiers to be thus abused by a pack of Officers no marvail if their Officers turn Tyrants presume to doe any thing to any man Here let the impartiall Reader judg how marvelously the power and goodnesse of God hath appeared in the preservation of our Army Jehovah Jereh In the mount the Lord was seen It is true our deliverances many wayes have been wonderfull but in nothing f Considering that of many Souldiers it may be said Nihil esse utilius aut opportunius quam in aqua turbida piscari Again Non aliter salvos incolumes se esse existimant nisi in publicis calamitatibus more all circumstances duly considered then in confounding continually the pernicious plots of those seditious men Rocks covered with water are more dangerous to Mariners than such as stand obvious and open to their sight By how much the Conspiracies of Mr. Lilburn and others against the Armie have been subtlely cloathed with the spetious and plausible pretences of Justice love to the Souldiery safely to the Nation publique good c. by so much the more have his designs as Rocks under water been pernicious and destructive to the Army And divine providence the more seen in preserving the same that it was not totally broken and scattered thereby 4. That nothing might lie in the Souldiers way to rebellion but doe it freely and without fear In stead of a Court Marshall Mr. Lilburn appointed a Committee of Indempnity whereby all Souldiers are acquitted as not to suffer for sedition or any other Crime g The peoples Prerogatives pag 53 54 55 c. There is now no Marshal-Law but its absolute murther in the Generall and Councell of War to put any Souldier to death for any crime or offence whatsoever h The hunting of the Foxes p. 18. Souldiers onely are punishable in the Courts of Justice and according to the Laws and Statutes of the Kingdom so that the i A Letter written to the General by Lieut. Colon. John Lilburn and Mr. Rich. Overton April 27. 1649. Councell of Warre hath no more right to inflict Justice then a Thiefe or a Robber hath to a purse which he takes upon the high way Excellent doctrine and no doubt it is k Take notice of the reason wherefore M. Lilb though he conceal it would have Martiall Law and the Councell of Warre dissolved hee knew by the Articles of Martial Law Whosoever shal utter words of sedition or tending to the making of a mutinie shall be liable to a sentence of death his own it looks so like him but here Mr. Lilburn runs l Poena gravior gravius peccantib debetur August faster and beyond his fellows for we do not find that any former Incendiaries how dangerous soever have denied the exercise of Martiall law to an Army before When the Jesuites perswaded a Villain to murder the Prince of Orange for encouragement they assured him that he should do it invisibly and escape as not being taken M Lilburns m It is no good principle for b●nis nocet quisquis pepercerit ma●is Again Qui punit injallos in alijs fie●i injuriam prohibet plot is little lesse Jesuiticall hee tells the Souldiers there is no Martiall Law no Councell of War what danger then to revolt to cast off all

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 ſ 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 Stra● and Wat●yler ●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 I●clo●u●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 g●ve x So doe Thiev's make worke for the Hang man but they had been better to hav● 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 trāsgressor 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 thē in both in respect of what they had done or