John Lilb Tried and Cast, Trial (1 of 2)
LILBURN Tryed and Caſt: OR His Caſe and Craft diſcovered. WHEREIN Is ſhewed the Grounds and Reaſons of the Parliament, in paſſing the Act of Baniſhment againſt him, and wherefore, ſince his coming over he hath been committed to the Tower by the Parliament.
Here likewiſe is laid open the partial, corrupt, and illegal Verdict of his Jury, both the former and later.
Beeing to ſatisfie all thoſe in the Nation that are truly godly, and well-affected to the Peace of the Common-wealth: And to ſtop the mouthes of others. Proving what is don in order to his preſent impriſonment, is according to the Rules of Juſtice and Equitie, &c.
THe a2 Sam. 15.12two hundred men, which went with Abſalom from Jeruſalem to Hebron, in their ſimplicitie, and knew not any thing: had they clearly underſtood the real bAs all vices uſe to cloth themſelves with the habits of virtues, that under thoſe liveries they may get countenance in the world, ſo under the name of Libertie & crying out againſt Tyranny, many unawares are brought into a ſnare.plot and ſtratagem of him, wch was to make himſelfe King, and depoſe his Father, they would not have followed him in ſo horrid and wicked an Action. In the undertaking of this worke, we ſhall endeavour to undeceive ſuch people (virtutem qui verba putant, ut lucum ligna, as Horace ſpeaketh,) who through ignorance and miſtake of things, are ready to comply with Mr. Lilburn, and others, in their ſeditious wayes and wiles againſt the peace and ſafetie of this Common-wealth. As for others, who are wilfull and malicious, profeſſed enemies to the State, and of his minde who ſaid, cNon perſuade his, etiamſi perſuaſeris.Though you doe convince me, yet I will not be convinced: we ſhall (neverthleſſe) by this, leave them without excuſe, to the righteous judgement of God in the great day of Chriſt.
The ſearcher of all hearts knows, it is not Mr. Lilburns bloud, or any hurt unto him in the leaſt that is here aymed at, we have better learned dMat. 7.12.Chriſt, even eQuod tibi vis fieri, hoc facias & alteri.to doe to others as we would be don unto: but to prevent the miſery and miſchief, which otherwiſe, partly through the moſt effectuall deluſions, and deep deceits of ſome, and partly through the ignorance and miſunderſtanding of others, might poſſibly (by keeping ſilence) fall ſuddenly upon the Nation.
It cannot be denyed, but that it ſtands with the Rules of Juſtice and Equitie, contained in the moral law of God and Nature, or ſound naturall Reaſon, and with the Law of all Nations: that mutinous and ſeditious courſes ſhould be prevented and hindred, yea and fInitio ſedicionum, quamprimum apparuerint comprimantur. Cle. Templ. polit. lib. 4. c. 7. p. 424.timely too; whilst they are in the neſt, hatching like the Cockatrice Egges gContra vim at que injuriam licitam eſſe defenſonem. L: ut vim de Juſt & jur l. ſcientiam ſect. quicum ad L. Aquil.. Against force and wrong defence is lawfull, ſaith the Law: and hPublicam utilitatem priva…orum commodis praeſerendam. Authen. Res quia C. commude legat. l.the publick good is to be preferred before particular profit. Upon thoſe conſiderations and grounds, namely, that the Nation may be no more involud in warre, Tyranny in Church and State re-eſtabliſhed, our liberties bought with a ſea of bloud and millions of treaſure loſt againe: but the great worke of Chriſt gloriouſly goe forward in the world; we ſhall now (not following Mr. Lilburn in his iAs Cocks fed with Garlick overcome others, with rankneſſe of breath, not with ſtrength of body, ſo his victory by the pen, is by deſamations and rayling at mens perſons: Sober men not being willing to come neer the rankneſſe of his breath.rayling and raging language, but) in the words of ſobrietie and truth, ſtate the true caſe of his ſufferings, and how in ſeeking himſelfe, and to carry on his own Intereſt, he hath all along endeavoured to diſquiet the Nation, and to make commotions and diviſions in our Councels, Armie, and every where.
It is uſually given forth by Mr. Lilburn, and his friends, and ſo underſtood of many, as if the kThus he ſpeakes, and writes & hath publiſhed to the world: Now the Civil Law ſaith, It is unreaſonable for any man, not having weighed the whole cauſe, to give adviſe or judgement, ſome one part alone propoſed. Civile dig. 4. de leg… Senatuſ que Conſult.cauſe of his Baniſhment ſhould be of a difference ariſing between Sir Arthur Haſlerigge and him, and ſome words which he ſhould ſpeake againſt Sir Arthur: but how untrue this is, and ungroundedly taken up, will evidently appeare by the following diſcourſe.
Firſt the Reader is deſired, to take notice, how one Mr. Primate Citizen and Letherſeller of London, made claime unto three parts in foure, to be divided of all the Cole-mines in Harraton, in the Countie of Durham: by virtue of a pretended Leaſe made by Sir John Hedworth, Knight: The which moitie Primate afterward demiſed to George Lilburn and George Grey Junior, Eſquires, &c. Now to the end they might the better carry on their covetous deſigne, and enrich themſelves by deceiving the Common-wealth of 3000 l. Per Ann. they take along with them Liev: Collonel John Lilburn and ſome others, perſons proper for the worke, and moſt fit to advance both their owne and the others Intereſt. For as the Cauſe was deſperate and deceitfull, ſo it was neceſſary it ſhould be mannaged by ſuch kAmbitioſi a liquot homines qui privatim degeneris, in publicum exitioſi nihil ſpei niſi per diſcordias habent. Lipfius polit. l. 6. c. 4. p. 266.inſtruments as would be reſolute & reſtleſſe, and with violence and impudence, breake through all oppoſitions, in ſpight of right or reaſon.
How theſe conſpired together, to rob the State of ſo much treaſure, will appeare by ſetting downe the true ſtate of that Caſe concerning Harraton Collierie, and the Common-wealths Intereſt in it.
Upon the ſixth day of Auguſt, 1649. Thomas Wray of Beaniſh in the Countie of Durham Eſquire, complained to the Committee of Durham, that George Lilburn and George Grey, two of the Committee,lAll is fiſh that comes to the net. had poſſeſſed themſelves, of his Collieries and ſeverall houſes thereunto belonging in Harraton, which were ſequeſtred for his Recuſancy and Delinquency, and had raiſed great ſummes of money out of the ſame, and converted it to their own uſes, to the great loſſe and prejudice of the Common-wealth. And upon Examination of Witneſſes upon mHere Maſter John Lilburn hath a Marginal note in his booke, Entituled, A juſt Reproof to Haberdaſhers Hal, pag. 9. And ſaith, But I am ſure their depoſitions are no where to be found. But we are ſure he knows better, how Mr. William Roe prov'd it fully.oath it appeared, that in the yeare 1644. Sir William Armyne and the reſt of the Parliament Commiſſioners, ſequeſtred that Colliery then in the ſole poſſeſſion of Mr. Wray, and ſold a thouſand pounds worth of Coales that were upon the Staythes. And further, that in the yeare 1645. the Committee there upon the Petition of Miſtris Wray, wife to the ſayd Thomas Wrey, granted an order (Mr. Lilburn, and Mr. Greys hands being at the ſaid Order) for letting that Collierie to one Mr. Pearſon, for paying of Mr. Wreyes Creditors, and that Pearſon was to give an accompt thereof to the Committee, and accordingly nThis ſaith Mr John Lilb. is the groſſeſt utruth that can be told, for Pearſon never tooke the ſaid Collierie. But it is a groſſer untruth to deny it, ſeeing the thing is ſo certain and clearly proved.entred into the ſaid Colliery: And it appears that the ſaid Collierie continued ſtil to be wrought by Mr. Wrayes Agents, and for his uſe till June, in the yeare 1647.
About Aprill in the yeare 1647. Mr. Lilburn and Mr. Gray deſired a meeting with Mr. Wray about buying out his Eſtate in the Collierie: Now at this meeting Mr. VVray told them, they knew his Collierie was worth about 3000 l. per annum, & that he was out in monies for that Collierie at leaſt 16000 l. yet hee was content to ſell them his whole eſtate in it, (in reſpect of the preſent condition he was then in) for 5000 l. yet ſo, as hee would have a thouſand laid downe for his owne uſe, and one thouſand more to ſtop the clamours of his Creditors, and that he would take further time to conſider of days of payment, for the other three thouſand pounds.
Moreover it was proved, that Mr. Lilburn did then ſay, they would not differ oIn this mans attempting to get the Collierie is made good. Ʋbi avaritia eſt, habitant ferme omnia ibidem flagi…ia, impietas, perjuria furtes, rapine fraudes, atque doli inſidiaeque proditiones, jurgia & infandae caedes.for the payment of the firſt 2000 l. And Mr. VVrey and he having reviewed his Evidences, Mr. Lilburn profeſſed he did not thinke that Mr. Gray could have produced ſo cleare a title for 7. parts of 8. in that Colliery, but for the eighth part hee was not ſo fully ſatisfied: Whereupon Mr. VVray then told him, that one Gomadale pretended a title to that eighth part; but he conceived, that he had ſufficient to prove the right in that part to belong likewiſe to him; but howſoever he was ſure (and ſo much he told Mr. Lilburn) that Comadale would part with his intereſt upon very eaſie terms. Now no ſooner was Mr. Lilburn departed from that place, but he met with one Maſter Swain, to whom he imparted the former conference, and that he was agreed with Mr. VVrey for the ſaid Collierie.