John Lilb Tried and Cast, Trial · Floating text 1 – Floating text 3

John Lilb Tried and Cast · Trial · Floating text 1 – Floating text 3

p. 10By the Commiſſioners for Compounding, &c. 27 Febr: 1650.

Ʋpon reading of our order 20 Febr: inſtant: Made upon hearing of the report of Mr. Reading, and of Counſel on bbƲtramque partem ni audias, ne Judices. Ariſtoph: in Veſp. Qui ſtatuit aliquid parte in audita altera: Aequum licet ſtatuerit haud aequus ſuit. Sen: in Medea.both ſides in the Caſe touching the Collierie of Harraton, in the County of Durham, and upon further hearing of the ſaid Caſe this day, and of Counſel on behalfe of Mr. Joſiah Primate, Mr. George Lilburn and Mr. Grey the Elder, as alſo of Counſel on behalfe of the Common-wealth, and conſideration had of the matter as it is before us.

Reſolved. That we ccFor this many reaſons have been ſhewed why they could not.cannot admit of the depoſitions or Affidavits taken in Chancery in this Caſe, as Evidence before us.

Reſolved: That upon the proof before us ddBut Mr. Lilburn would judge it good, though there was no cleare demonſtration for it. Omnia venalia nummis.we doe not judge the title of the ſaid Mr. Primate to the ſaid Collierie good, as to diveſt the Common-wealth of their poſſeſſion.

Reſolved: That Mr. George Lilburn and Mr. Grey the Elder, and all others that received any profits out of the ſaid Collierie, ſince the ſame became Sequeſtrable, for the Delinquency and Recuſancy of Mr. Thomas Wrey, doe account upon Oath, for what they have received.

p. 11Reſolved: That upon Mr. Primates, Mr. Lilburns, or Mr. Greyes Petition, ſtating their Title to the poſſeſſion of the ſaid Collierie, eeThe which time by Mr. John Lilburn was ill ſpent: not remēbering, Temporis praeteriti bene impenſi ſuavis eſt memoria. Neither that ſaying; Nullum tacuiſſe nocet, nocet eſſe locatum.further time ſhall be given to them to prove the ſame.

James Ruſſel,

John Berners,

Edward Winſlow,

Richard Moore.

And as they gave them further time to ſtate their Title, and prove the ſame; ſo it was almoſt a yeare, before there was a ſecond Judgement. In which time, nothing was unheard, nor unconſidered, which by Primate, Lilburn, Grey, and their Solicitors could be produced: Whereupon at laſt, having fully heard, what could be ſaid by the Counſel on both ſides, this was the ffFundamentū perpetuae commendationis & famae, eſt juſtitia, ſine qua nihil poteſt eſſe laudabile. Cic. l. 1. de leg.Sentence.

By the Commiſſioners for Compounding, &c. 12 Decemb. 1651.

In the Caſe depending before us, touching the Collierie of Harraton, having heard the Depoſitions and Proofes taken therein, and peruſed the ggThe which Deeds upon Examination were found not to be ſo virtuall as to give Primate a Right to the Collierie, in the underſtanding of the Commiſſioners. Pulcra & honeſta laudenda, ſed Turpia vitupe…anda. Ariſto.Deeds and other writings offered to us on the behalfe of John Primate, of London Leather-ſeller, who claimes an Intereſt in the ſayd Collierie, by Leaſe thereof from Robert Conyers, who pretends a right therein by Grant from S^r John Hedworth: And upon hearing of Counſel, as well on the part, and behalfe of the ſaid Joſiah Primate, as on the behalfe of the Common-wealth, in whoſe right the ſame is Sequeſtred, as belonging to Colonel Thomas Wray, a Papiſt and Delinquent, and having had ſeveral Debates, upon the ſaid Proofes and Writings, and what hath been offered by the Counſel on either ſide doe Reſolve.

That it doth appeare, that the whole Collierie of p. 12Harraton was under Sequeſtration in the yeare 1644. without diſtinction of Seames; That it doth not appeare that the ſaid Collierie or any part thereof was diſcharged from Sequeſtration from the yeare 1644. to this time.

That upon Conſideration of the whole matter, there doth not appeare to us ſufficient cauſe to take off the Sequeſtration of the ſaid Collierie, or any part thereof, upon the Petition of the ſaid Mr. Primate.

Reſolved: That we doe leave all parties claiming any Intereſt in the ſaid Collierie to their courſe in Law, and doe thinke it fit, that the poſſeſſion be eſtabliſhed accordingly.

James Ruſſel,

John Berners,

Richard Moore.

Arth: Squibb.

Will: Molins.

Edw: Winſlow.

Having ſhewed what the Commiſſioners did, and the grounds thereof: Now it followes that we declare, what afterward was done by Primate, but eſpecially by Lievt: Colonel John Lilburn, who at this time was the chief man that acted and appeared in his Unkles and Primates buſineſſe, againſt the right of the Common-wealth.

Not to ſpeake of **Entituled, A juſt Reprooff to Haberdaſhers Hall. Or An Epiſtle written by Liev…: Colonel John Lilburn July 30. 1651. to foure of the Commiſſioners, viz. Mr. James Ruſſel, Mr. Ed: Winſlow, Mr. Will: Molins, & Mr. Arthur Squib: Wherein is ſet forth their unjuſt and unrighteous dealing in ſeverall Caſes. With the Relations of the ſaid John Lilburn, and their captivating their underſtanding to the tyrannical will of Sir Arch: Haſlerig, who hath moſt unjuſtly endeavoured along time together, the extirpation of the familie of the ſaid Jo: Lilburn. The matter of this book was judged by the Parliament, to be falſe, ſcandalous and malicious, and deſervedly to be burnt by the hand of the Common hangman.a Booke which the ſaid Lilburn had before publiſhed, and his charging Sir Arthur Haſlerig, with deſtroying and levelling our properties, ſubverting the Lawes and Liberties of England, and exerciſing a Tyrannicall power over us, againſt and without Law: There was hhOf which Petition it might be ſaid as Origen ſaid of Celſus workes; Non eſt periculum ut eis ſubvert untur ullus fidelium, it was ſo falſe, ſcandalous and malicious.penned and printed a Petition p. 13and Appeale againſt the Judgement and Reſolution of the Commiſſioners for Compounding. The words of the Petition are as followeth.

To the Supream Authority of this Nation, The Parliament of the Common-wealth of England; The humble Petition of Joſiah Primate of London, Leatherſeller; Sheweth;

THat your Petitioner by Ʋnder-Tenants, George Lilburn Eſquire, and George Gray the Younger, Gent: both of the County of Dureſm, being in the yeares 1647, 1648, and 1649. in a juſt and quiet poſſeſſion of the Collieries or Seams of Coal in Harraton in the County aforeſaid, called the Five-quarter and Nine-quarter Coal (and having ſpent neer 2000 l. to win the ſame) which lay drowned and lost from 1641. to 1647. Sir Arthur Haſlerig in 1649. iiInnocens eſſe nemo poterit, ſi accuſaſſe ſufficiet.procuring Colonel Francis Wren, one of the Committee of that County, and Colonel George Fenwick to joyn with him, made an Order (againſt which the reſt of the ſaid Committee preſent proteſted) to ſequeſter the ſaid Collieries, under colour of an kkThe things that are not faire, ſeem faire to him that is in love: So Daphnis in the Poet ſaith to Polephemus: So it is with the promoters of this Petition. Though ſlanders and falſehoods are fowle & groſſe vices, yet to them they ſeeme faire, and lovely, becauſe they take delight and pleaſure in them.untrue ſuggeſtion: That Sir William Armyn had ſequeſtred the ſame in 1644. as belonging to one Thomas Wray a Papist Delinquent, and thereupon the ſaid Sir Arthur llVis vi propulſanda is good in Law. De male quaeſuis non gaudet tertius haeres.violently diſpoſſeſſed your Petitioners Tenants, and ſeized their Goods, and let the ſaid Collieries to Colonel Francis Hacher, and ſeveral of the Officers of his own Regiment. That your Petitioner hath petitioned to the Commiſſioners for Compounding for relief, but by the mmA man that lets his haire grow too long falling over his eyes, hinders his fight, and goes the worſe: So Mr. Lilburn having the light of his underſtanding darkened with malice againſt Sir Arthur, miſtaking the truth here, deviſed a ſlander.power and influence of the ſaid Sir Arthur upon moſt of the ſaid Commiſſioners, your Petitioner hath been delayed p. 14and denyed the ordinary courſe of proceeding in all Courts of Juſtice, and at last coming to Hearing, the ſaid Sir Arthur appeared every day of the Hearing, and took upon him not onelyonly to plead againſt your Petitioner (which is humbly conceived to be contrary to Law, he being a Member of Supream Authority) but alſo authoritatively to prejudge your Petitioners Caſe, and to direct the ſaid Commiſſioners what to Judge therein by his power and influence upon the ſaid Commiſſioners, he over-awed moſt of them, and full Hearing, Judgement being reſpited from day to day, the ſaid Sir Arthur kept private Correſpondence with ſome of the ſaid Commiſſioners about finding of ſome nnNothing of theſe things could Mr. Lilburn prove: in ſo much as that …y of the Poet may be applyed to him, and his Caſe; Quaerit aqua… in aquis: & poma fugacia Captat Tantalus, hoc illi garrula lingua dedit.new colour or pretences to detaine your Petitioners poſſeſſion from him: Whereupon he produced new pretended Evidence after full Hearing; and thereupon the Major part of the ſaid Commiſſioners not daring (as is humbly conceived) to oppoſe the will and pleaſure of the ſaid Sir Arthur, have contrary to cleare Evidence before them for your Petitioner, refuſed to relieve him, and have punctually purſued in their Judgement, the Direction publiquely given by the ſaid Sir Arthur.

That the ſaid Commiſſioners being the onelyonly perſons authorized by the Parliament, to heare and determine all Caſes about Sequeſtred Eſtates, Your Petitioner cannot be relieved from the ooPejor eſt detractio in magni nominis viris quam in plebeis. Auguſt. lib. 3. cont. Pet. l. 2.Oppreſſion and Tyranny of the ſaid Sir Arthur, ſave by the Parliament, or their ſpeciall Order and Direction. And your Petitioner hath been kept from his Poſſeſſion above two yeares; and the ſaid Sir Arthur hath declared the ſaid Collieries to be worth at leaſt ppWhether he did ſay it is a queſtion, but this is without queſtion, had not the thing been of very great value, Mr. Lilburn would not have made ſo much contention about it: for his hand hath bin graſping great booties: Witneſſe the buſineſſe of Ha…feild Chaſe, of which more in it's place.5000 l. per annum.

May it therefore pleaſe the Parliament, in reſpect to the Publique Juſtice of the Common wealth, to cauſe the truth of the Premiſes to be ſpeedily examined, and to provide p. 15for your Petitioners relief from the Oppreſſion and Tyranny of the ſaid Sir Arthur Haſlerig, and for the Diſpenſation of Juſtice without feare or favour, as to your Wiſdomes ſhall ſeem moſt ſafe.

And your Petitioner ſhall pray. Joſiah Primat.

The qqVarro.Romanes (as it is reported) kept in Capitolio certain dogs and geeſe, which by their barking and gabling ſhould give warning in the night of Theeves, that entred in: But if they cryed out in the day time, when there was no ſuſpition, their legges were to be broken off, becauſe they cryed when there was no cauſe. If the promoters of this Petition are (as rrDomeſticum Teſtimonium ſtands no… good in Law. Juſtin: Inſt. l. 1. Tit. 10. Doctrina vana ratio ni acceſſerit. Tull.they ſay themſelves) for juſtice and righteouſneſſe without reſpest of perſons, and against illegal and Arbitrarie actings: God forbid we ſhould ſpeake againſt them: but if they are (as to the Parliament it did appeare ſo by their Cenſure) deceitfull Workers, falſe Accuſers, Defrauders, prejudicial, and dangerous to the Common-wealth, we know no Reaſon, but they ſhould have their demerit accordingly. To the matter then.

This Petition being by Lilburn, and Primate given to ſeverall Members of Parliament, and afterward in the Houſe avowed and juſtified by them both: a Committee thereupon was appointed, and power given, to examine upon Oath, and to ſend for perſons, parties, witneſſes, and papers, and to make report forthwith.

The Committee having ſate ſſNote the honeſty & conſcience of his honourable Jury (as he cald them) and who (as he ſaith) are the Keepers of the Liberties of England, theſe without any examination of what was done in the twelve dayes, found him not guiltie. Like Gnato in Turrence, Ais aio, neges nego, if you ſay it is thus, ſo doe I, if you ſay nay, ſo doe I. But here how was that remembred? Aequaliter utramque partem audire, an old Attical Law.twelve dayes upon the buſineſſe, and examined Witneſſes, produced on both ſides, and heard whatſoever could be ſaid. A p. 16report was made from the ſaid ttIn a Pamplet lately printed, entituled, A Hue and Cry after the fundamental Lawes and liberties of England; it is there ſayd, Many of the ſaid Committee might juſtly be ſuſpected of partiality & greatly to favour Sir Arthur Haſlerigs cauſe, and as much to diſcountenance M^r Lilburns cauſe. Now we muſt beleeve this becauſe Mr. Lilburn reports it: As if neither the Committee nor Commiſſioners, nor the Parliament were to be beleeved, but onelyonly his ſingle teſtimony and bare ſaying.Committee, of their proceedings therein; and of the matter of fact appearearing to them, and the Evidence given them.

The Houſe after long and ſerious debate, Reſolved upon ſeverall Queſtions, as to the civill part of the Petition, and to the matter of Crime charged therein; viz. That the Parliament doth approve of, and affirme the Judgement and Reſolutions of the Commiſſioners for Compounding in the Caſe of Joſiah Primate: That the aforeſaid Petition is falſe, malicious and ſcandalous: That Sir Arthur Haſlerig is not guiltie either of Oppreſſion or Tyranny in the carriage and proſecution of this Buſineſſe. In a word, whatſoever in the Petition contained any charge of crime, as in reference to Sir Arthur Haſlerig, or the Commiſſioners for Compounding of unjuſt or unrighteous dealing, after due Examination of all the particulars by the Committee, and a full debate in the Houſe, appeared to be (and ſo was judged and voted) falſhood and malicious aſperſions.

Whereupon it was Reſolved by the Parliament, that all the printed Copies of the Petition ſhould be burnt by the hand of the Common hangman. A fine of 7000 l. Impoſed upon Primate, and committed to the Fleet, there to remaine untill the aforeſaid fine be paid. The like fine of uuNot that either he or Primate payd one penny of their Fines. Neither hath Mr. Lilburns Eſtate been taken from him, as he hath complained of, and charged Sir Arthur Haſlerig, as if he had deſtroyed him, his wife and children. An abſolute untruth (as we underſtand) for he hath enjoyed his Eſtate ever ſince, as having been received either by his wife, father, or ſome other friend to his own uſe, ſo that nothing hath been taken away from him by Sir Arthur, as he moſt untruly reports.7000 l. was impoſed upon Lievtenant Colonel John Lilburn, and to be Baniſhed out of England, Scotland, and Ireland, and the Iſlands and Territories p. 17thereunto belonging, and not to returne into any of them, upon paine of being proceeded againſt as a Felon, and in caſe of ſuch return ſhall ſuffer death accordingly. Before wee come to treat of the Act of his Baniſhment, there are ſeverall things to be conſidered.

1. That it is moſt untrue which is by xxThus he writes; Several of my friends in England, may wonder why all this time I have not publiſhed the full ſtate of the caſe between Sir Arthur Haſlerig, Mr. Primate, and my ſelfe.Mr. Lilburn and others affirmed, viz. that the Reaſon and Cauſe of his Baniſhment ſhould be of ſome difference and quarrel between Sir Arthur Haſlerig and him; whereas Sir Arthur was no further concerned in the buſineſſe, then to maintain (as he was bound to doe) the due title and Right of the Common-wealth, which (ſaith he) ſome (combining together) wrongfully endeavoured to out, and defraud the State of it. It is no new thing, to heare yyTacit. hiſt. lib. 12. p. 395. So Ahab charged Elias to be the troubler of Iſrael, wheras it was he & his fathers houſe had don it.men (ſuum quiſque flagitium alijs objectantes) to lay their own faults upon others; as to cry, ſtop the theefe, ſtop the theefe, being in the mean time the only Robbers. Thus indeed it hath been Lilburns practice all along, and his zzSubvertit hominis vitam lingua garrula. Menon.Maſter piece to aſperſe others, for oppreſſion, injuſtice, illegallitie, exerciſing an arbitrary and tyrannicall power, &c. whereas no man hath been greater and deeper in the crimes then aaFor what Auguſtine blames Seneca the Philopher, may fitly be applied to him, in this he did the more wickedly in that he did it lyingly, for he did it ſo as the people thought he did it truly; ſo it is an aggravation of his evill, that he deceives the people by ſpeaking untruths.himſelfe, as not onelyonly here, but in many other caſes: as we ſhall abundantly prove hereafter.

2. Whereas there is mention made in the Petition, of Colonel Francis Wren, and Colonel George Fenwick, and the Commiſſioners for Compounding of ſeverall high miſcarriages and groſſe abuſes laid to their charge. Now upon Examination by oath, before the Committee (appointed for the tryall of the whole buſineſſe) thoſe men appeared innocent, and no way guiltie of the things ſuggeſted: neither p. 18could Lilburn Cum ſocijs, make good any particular, or part of their charge againſt them (as the Parliament underſtood) The bbCalumniatores fratrum & detractores infames cenſentur. Cauſ. 6. Qu: 1. C. In fames.Law ſaith, Calumniators and detractors of their brethren, ſhould have burn-markes ſet on their forehead, for infamous perſons.

3. For the Intereſt and Title which Primate made to the Collierie in Harraton, when all his Evidences, Witneſſes, and other proofes were examined, it did appeare to the Houſe, that he had ccAvarus nunquam juſtus eſt.not any lawfull Right thereunto, but that it was a deſigne of George Lilburn and George Gray, ddCharior eſt auro non ſimulato fides.(proſecuted by others) to eeNeſcit prodeſſe qui neſcit providus eſſe.defraud the State by taking the profit and benefit of that place into their own hands. Neveſſon, a better Lawyer then an honeſt man, would ordinarily ſay, He that will not venture his bodie ſhall never be valiant: he that will not venture his ffOmnium malorum radix eſt cupiditas, tranſgreſſionis mater, magiſtra nocen di, primipila iniquitatis, duriga malitiae, ficaria virtutum, ſeditionis Origo, fovea ſcandalorū. Petrus Raven:ſoule, ſhall never be rich.

4. For the Common-wealths Title and Intereſt to the ſaid Collierie (this we underſtand) it was before the Committee proved lawfull and good, all objections made againſt it by Lilburn and others fully anſwered: Neither had they any thing more or further to ſay: The Examination of perſons, parties, witneſſes, papers, Records, &c. we have them all by us: which are too large in this place to ſet forth: But the **It is worth the noting how Mr Lilburn hath ſet forth a booke about this buſineſſe: Entituled, A juſt Reproof to Haberdaſhers hall: now leaving aſide his …ayling againſt Sir Arthur, & ſome inventions of his own head: there is enough in that book to condemn himſelf and his caſe, he thought that either none would have read it, or none would have underſtood him.ſubſtance of the whole as taken upon oath before the Committee, we have here faithfully reported, as delivered to us.

We come now to the Act: that is, to conſider and weigh the Grounds and Reaſons upon which the Parliament might juſtly proceed, as to the Baniſhment of him. And here we will begin with p. 19that Law of God, concerning the puniſhment of a falſe Witneſſe; ggDeut. 19.19.Deut 19:19Ye ſhall doe unto him as he had thought to have don unto his brother. The Hebrew Doctors write on the place thus; It is commanded to doe unto a falſe witneſſe, **No marvaile though the Law of God will have ſlanderers to be ſo ſeverely puniſhed, conſidering honeſtus rumor alterum eſt patrimonium.as he would have don by his Teſtimony to his neighbour. If they have teſtified falſly of a tranſgreſſion, for which men are guiltie of ſtoning to death, they are all to be ſtoned, if of burning they are to be burnt: and ſo for other deaths: And if they teſtifie of crimes worthy of beating, every one of them is to be beaten. To the point then in hand.

Such hhWe doe not here ſet down by a great deale the crimes which he lays to other mens charge: As Murther, Treaſon, Theft, &c. Theſe things the Reader ſhall ſee afterward.perſons as deſtroy Proprieties, ſubvert Lawes and Liberties, procure other men to joyn with them in unjuſt and unrighteous dealing, violently ſeize upon other mens goods, and by their power and Influence ſo over-aw the Courts, as that the Judges neither can nor dare doe righteous things, &c. What puniſhment is due unto ſuch men, few but know: We have ſeverall Examples (former and later) of perſons which have been fined, impriſoned, baniſhed, yea put to death for fewer and leſſer crimes.

So for Commiſſioners and Under Officers, to joyn hand in hand with a Tyrant, and ſuffer themſelves to be ſo baſely corrupted, as the ordinary courſe of proceedings in Courts of Juſtice is delayed and denyed. Make unrighteous decrees, oppreſſe the poore, pervert judgement, ſerve the luſts, and ſatisfie the will of corrupt men, &c. No doubt but they **Now there is great reaſon why men not doing juſtice ſhould be puniſhed, for aut ſit juſtitiae locus, aut certa ruina mundo, juſtitia quippe carere nequit.deſerve not onelyonly to be fined, and put out of their place, but out of the Nation, and Common-wealth alſo, and juſtly too.

Now for application, iiQuod non tibi fieri vis, ne fac Alieri.Ye ſhall doe unto him as he p. 20had thought to have don to his brother: Hence we inferre, if Sir Arthur Haſlerig, and the Commiſſioners for Compounding, had worthily deſerved a fine kkNote how Gaveſton, the Spencers, and others, baniſhed the Realm, committed not the crimes which he hath laid falſely to ſome mens charge.of 7000 l. to be impoſed upon them, and to have been baniſhed out of England, Scotland, Ireland, and the Iſlands, Territories, and Dominions thereof: had the things been proved and found true, which by Mr. John Lilborn were laid to their charge: then by this Law of God, he being a falſe witneſſe, and ſo proved and convicted when he he ſtood before the Lord, and the Judges, the very ſame puniſhment ought he to have: According to that old llSuidas.Verſe:

foreign

The law is juſt he ſhould be caught,

In that ſame miſchief which he wrought.

There is ſo much Equitie and Reaſon in this law of Retaliation, as the wiſeſt of the mmAb alio expectandum eſt, alteriquod faceris Seneca, Quae injuria eſt, pari quod prior ipſe feceris. Ibid. Ʋt phalaris tauro violentus membra per illi torruit, infelix mibuit autor opus. Ovid. l. 1. de Art. Ariſtot: Ethic. li. 5. ca. 5. Gellius lib. 20. Noct. Attic. cap 1. Quod quiſ que fecit, putitur: auctorē ſcelus repetit ſuo que praemitur exemplo nocens; As Seneca Trag. Act. 3 brings in Radomonthus ſpeaking as a Judge.Acts 3Gentiles ſaw it, and have written for it: and it hath been practiſed amongſt them almoſt in every Nation. Neither hath the Lord left this law with men, as by them alone to be kept, but we finde that he himſelfe ofttimes hath put it in Execution.

And whilſt we are ſpeaking of this law, it is not amiſſe, that the Reader be deſired to obſerve what Rules and qualifications are ſet down by Caſuiſts and learned men, concerning the right and due practiſe of it. As 1. when it is a combination, or plot deſign'd of evill doers: this the Scripture expreſſeth; nnDeut 19.16.Deut 19:16If a falſe witneſſe riſe up against any man, &c. From hence the ooAinſworth on the place.Jewes gather, that by law they may not determine any ſentence by the mouth of one witneſs, but from the mouth of witneſſes, either in money-matters, p. 21or in matters of life and death. 2. Maliciouſly proſecuting the thing, with intent to doe hurt. And 3. when it is to diſturbe and overthrow the ppMr Lilburn in all his conteſts with particular perſons, and rayſing up falſe accuſations againſt them, hath alwayes ſought the diſturbance of the Common-wealth.publick peace. When theſe things concurre and appeare, In procurando proximi malo, eadem omnes plecti debent poena, ſaith qqDe Conſcient. lib 5. c. 56.Ameſius. What evill or hurt falſe witneſſes ſeek to procure to their neighbour, the ſame puniſhment themſelves ought to have.

That Mr. Lilburn and others were confederates, and intended by falſe accuſations to ruine and deſtroy other men, ſought to make a generall diſturbance and commotion in the Nation, it is unqueſtionablie certain, that to his Judges it appeared ſo: And therefore this rrThis Law is as good a Rule and as lawfully to be walked by, as Magna Charta, or any thing in Cookes Inſtitutes.Law of God (as one Reaſon and Ground) may ſerve to juſtifie the Parliaments Act to the Fine and Baniſhment of him.

In Athens a youth was condemned, who took delight to pluck out the eyes of Birds, and having made them blind let them flie for paſtime. It was no birds eye, that Mr. Lilburn hath ſought to pick out, and therewithall to ſſHe would not uſe the baſe and fowl language w^ch he doth, but to make himſelfe mer…ie with it.ſport himſelfe, but the eyes of men, or rather that which is dearer and more precious to them then their right eye; even their credit, good name, eſtates, liberties, lives, &c. What leſſe then (in point of Juſtice,ttThis is juſtice, Qui alteri exitium parat: exitium parat: eum ſcire oportet, ſibi paratam peſtem, ut participes parem. Tull: Tuſc. 2. Equitie, and Conſcience) could the Parliament doe, then following the Commandement of God (having made diligent inquiſition) to doe unto him as he had thought to have don unto his Brother.

But 2. The Supream power of a Nation may as they have alwayes don, highten the puniſhment of Delinquents upon Grounds and Reaſons of State: The ſafetie and preſervation whereof, ought to be p. 22their uuƲt omnibus bonis expedit ſalvam eſſe Rempublicam, quam portus eſt & Aſylum civibus univerſis: ita nihil eſt ſuavius, quam bene rem gerere bono publico. Plaut. in capt.Rule in all their proceedings. Now if John Lilburns courſe of life be duly weighed, and what his deſignes and intentions have been againſt the peace and publick good of the Common-wealth; how often he hath endeavoured to embroil the Nation in bloud, by ſeeking to rayſe new wars, &c. It might be xxWe would thinke him an unwiſe man that would feed rats, miſe, and other vermins to deſtroy his bodily Eſtate. Ergowondered that a ſtricter and ſeverer courſe had not been taken with him. For this we ſhall affirme and make it good. That no man hath been baniſhed out of England, for higher contempts, greater inſolencies, and more deſperate and treacherous deſignes and Actings, then he hath don againſt the State.

When Shimei was to be put to death for going out of Jeruſalem, Solomon remembred him of the great wrong which he had don before unto David his Father: and to ſay the truth, it was rather that, then the later which drew forth the ſword of the King againſt him. Thus it is with the yyMr. Lilburnes former Treaſons are ſtill upō the States ſcore, he hath not reckoned yet with them though the corrupt Juries have quitted him. Simile ſimili gaudet cum paribus facillimè congregantur. Canem cani, bovem bovi Aſinum Aſino.higher Powers, when they are to give ſentence upon an offender (ſpecially a publick Enemy to the Common-wealth) they conſider the condition of the perſon (as what he hath been, and what don before this later Act,) and ſo accordingly either leſſe or more proportion the puniſhment.

That we may haſten to our purpoſe: Had there not been found matter and cauſe enough for the baniſhment of Mr. Lilburn in Primates buſineſſe; Nevertheleſſe, as zzHad not Adonijah asked Abiſhag the Shunammite to wife, his attempting before to be King had been forgiven and forgotten, but doing this later, his former acting comes into queſtion, and for it (ſpecially) he loſt his head.Solomon put Shimei to death for going to Gath, conſidering the fowl abuſes don before to David. So this Act was juſtly made againſt him for being a falſe witneſſe, he having formerly p. 23committed much Treaſon againſt the State. Now whereas it may be objected, that Mr. Lilburn was acquitted by his Jury. We anſwer, ſo was Shimei pardoned by David, who could doe it, and did it upon Grounds of Juſtice & Reaſon, whereas that aaThe law ſaith (but they underſtood no law grounded upon Beaſon and Equitie) ſatius eſſe impunitum relinqui facinus nocenti, quam innocentem damnari. Ulpian Juriſc. in Pandect l. 48. Tit. 19. leg. 5.Jury had neither Law, Equitie, nor Reaſon for what they did.

Now to the matter; which is to ſhew and prove, that no man hath more deſerved to be baniſhed out of the Common-wealth of England, for Grand miſdemeanours againſt the Republick, then Mr. John Lilburn.

1. It is well knowne to all thoſe, who either know the man, or have heard of his practice, that he is a profeſſed bbLike Aglutaidas, who was never better pleaſed then with diſpleaſing others, nor ever reliſhed any diſh better then what was diſtaſted by others.Enemy to every preſent Government whatſoever it be: As the Rainbow is never on that ſide of the world, that the Sunne is, but whereſoever it appeares, it is in oppoſition againſt the Sunne: If the Sunne be in the Eaſt, the Rainbow is in the Weſt, &c. Such an Oppoſite and Antagonist (for all the world) is Mr. Lilburn to all Formes and kinds of Government: whatſoever is up, & eſtabliſhed (in what part of the Firmament ſoever the Sun of Government ſhines) he will be ſure to ſtand over againſt it, in aſperſing and deſpiſing the ſame.

Who was more againſt the King, and kingly Government then he? how violent was he againſt the Houſe of Lords to have them down, and pluckt up root and branch: And ccCuſtome and uſe, makes thoſe faſhions which at firſt ſeemed very ugly and abominable, to be accounted very good and cōmendable. In likelihood, the time was when this man firſt began to reſiſt the higher Powers, he was held ſeditious and dangerous, but continuing thus againſt all Government: now his practice with ſome men is well liked.no ſooner was there another Government eſtabliſhed without King and Lords, but he ſets himſelfe againſt it alſo, and with as much outrage as before, & ſo ever ſince all along, what change ſoever hath been, he hath not changed p. 24(ſpecially when it croſt him in carrying on his own Intereſt) to rayle againſt it, and to ſeeke the overthrow and ruine thereof.

At his triall the other day, he openly ſayd; That the Parliament ddQuere: What Parliamēt was it, that he writes againſt in theſe following words? We are ſure it was ſome Parliamēt before the Kings head was cut off; Truly Sir (ſaith he) give me leave to tel you, without feare or d…ead, had I come, or could have gotten ſo many to have followed me, as would have enabled me with my ſword in my hand, to have don Juſtice and Execution upon thoſe Grand treacherous fellowes and Tyrants at Weſtminſter, that have not onelyonly tyrannized over me, but the whole Nation, I ſhould have made no more ſcruple of conſcience, to have deſtroyed them, then to have deſtroyed ſo many Weaſels or Polecats. Juglers diſcovered.before the Kings head was cut off, and the Members taken out, were in their puritie a gallant Parliament, who were tender of the Liberties, and of the Freedom of the Nation, and walked in the ſteps of their Anceſtours and forefathers, then were the dayes of their Virginitie, and they made good and righteous Lawes, &c. But is this true? ſpeakes Mr. Lilburn really and as he thinkes, or doth he diſſemble? For who was more active and forward then he, in printing, talking, plotting againſt that Parliament, which here he doth ſo flatteringly cryes up. But we know why he doth it, it is to ingratiate himſelfe among the Royalliſts and Cavileers, and to highten and ripen their malice againſt the preſent Power. But can they believe him (ſic notus uliſſes?) is not Mr. Lilburn ſo well knowne to them: and the Antipathie between him and all formes of civil Government, hat ſhould there be a Parliament againe, viz. ſuch as there was before the Kings head was taken off? of King, Lords, and Commons, doe they thinke that he would be quiet, and live peaceably under it? and not ſeeke to deſtroy it by what meanes he could? as he did then, doth now, and hath don againſt all eeThey who are out of the Temporate Z…nes cannot abide to be ſubject, ſuch is their ſavage and b…tiſh nature, that it urgeth them to live ſolitarily and by themſelves. As his diſpoſition and temper agrees with ſuch people: ſo its great pitty he is not with themauthoritie and power ever ſince.

Oh that I were made Judge in the Land (ſaith Abſalom! how well then ſhould things be carried. Alphonſus p. 25uſed to ſay, ffSi in principio mundi ipſe deo adfuiſſet, multae meliusornatuſ que fuiſſe.If he had been with God in the beginning, things ſhould have been contrived in another manner then now they are. Thoſe that are ambitious and love to have preheminence, are alwayes raſh and heady Cenſurers, Deſpiſe Dominion, and ſpeake evill of dignities, proud boaſters, as what they would doe, had they the power in their own hands. And why is all this? but to incenſe the ggNon eſt concilium in vulgo non ratio, non diſcrimen, non diligentia. Cic. pro planc.vulgar people againſt the Government which is eſtabliſhed, hoping to raiſe up themſelves by the fall thereof.

But 2. To ſhew more particularly, what an enemy he is to civill Government; hearken to what himſelfe hath publiſhed to the world, againſt the Parliament, or Supream power of this Nation. It is true, his language is ſo baſe, ſcandalous, ſcurrilous, as we are almoſt aſhamed to expreſſe it. For no godly man, no civil man, no man, but Lilburn would have don it. A little therefore will be enough. The Parliament, he ſaith, hhLegal foundamental Liberties. p. 35.are a pack of diſſembling juggling knaves, iiHue and cry, p. 31.knaves in the higheſt, kkImpeachment, p. 1.a company of uſurping Tyrants, llOut cry, p. 2.Men of bloud, and bloud bounds: mmLegal foundament. p. 74.perfidious cruell Tyrants, a company of inhumane and bloudy butchers of men nnLingua quo vidis? erecturam civitatem, & eandem rurſus everſura., the moſt perjured, perfidious, falſe, faith and truſt-breakers, that ever liv'd in the world, and ought by all rational men to be most deteſted of all men that breath; ooLegal foundam: pag. 41. 68.A company of theeves, murderers, robbers, treacherous ſelfe-ſeeking tyrannical men, uſurpers of the name and power of a Parliament, moſt treacherouſly to doe what they liſt.ppPicture of State 2 Edit. p. 14. Note, that is not to be underſtood of the preſent Parliament, But that before the kings head was taken off, and ſo continuing.

qqPlin. Paneg.Diffido occulis meis, & identidem interrogo, an legerim an viderim.

I ſuſpect my ſight, I queſtion my Copie, I aske of my ſelfe againe and againe, could Mr. John Lilburn p. 26write thus? Tantaene animis coeleſtibus irae; what a man that pretends ſo much to honeſty, Law, Reaſon, Equitie. Some report of a people in India, which ſpeake not, but make a noiſe like a horſe ſnorting, or barking of dogs: certainly this is neither vox dei, nor vox populi, its a beaſtly ſound, but he knowes what he doth in Reviling the Rulers of the people; its mirth and muſick in the eares of Malignants, whoſe rrSenis lingua ſuaviſſima eſt ſe ni, pue… puero, mulier mulieri jucunda: the ſpeech of one old man pleaſeth another old man, a child contenteth a childe, a woman a woman. Plutar. So calumniators in reviling the State doe exceedingly content ſuch men as maligne the ſame as much as they. Magna inter molles concordia.humours and baſe luſts he deſires to ſatisfie. The Indian Idolaters, who ſacrifice to their Zemes, thruſt a ſtick down into their throat, to bring up whatſoever lies in their bowels, as thinking by ſuch filthy traſh to pleaſe their idols beſt: Never would Mr. Lilburn let ſuch fowl-ſtuffe come from him, but that he knowes its a ſacrifice moſt acceptable to ſuch men, who deſire (as himſelfe) to ſee the Common-wealth ruin'd.

But is it not better to pleaſe God then men: the Scripture ſaith, ſſExod. 22.28.Exod 22:28Thou ſhalt not revile the Judges, nor curſe the Ruler of thy people ttQuia noveret deus, ſibi non defuturos in hoc crimine vindicando, poena eorum arbitrio relicta eſt. Rivet. in Loc. Simler on the place hath theſe words; There is here no puniſhment ſet down for him that ſhould rail on the Magiſtrate, but ſeeing he that railed on his Father and Mother was to dye for it, much more worthy of death was he, which ſhould curſe the Fathers of his Countrey.. We finde among the civil Lawes of Nations, ſevere puniſhments appointed unto perſons which ſhould offend this way: yea as the caſe might be, little leſſe then Crimen laeſae majeſtatis: As when it was don out of a ſeditious deſigne, to cauſe tumults and Rebellion among the people, by rendring the Governours odious and contemptible to them. The very thing intended by Mr. Lilburn, as he profeſſedly declares himſelfe.

Againe, Neither is he contented to aſperſe mens perſons, but lets out the venome of his mouth againſt p. 27the Government it ſelfe. The Parliament he cals, uuSalva libert… ſent to Col: Weſt.a mock power ſitting at Weſtminſter,xxFoundamen: Law. p. 58. an inſufferable inſupportable tyrannical tyranny: yyArraignmen. p. 1.No Parliament at all in any ſence either upon the principall of Law or Reaſon, but zzArraignmen. p. 8.a company of uſurping Tyrants, and deſtroyers of our Lawes, Liberties, Freedomes and properties: aaPicture of the Councel of State, 2 Edit. p. 14. 17.a tyrannicall and arbitrarie new erected robbing Government: A dead ſtinking carkaſe: Thoſe Gentlemen ſitting at Weſtminſter, have forfeited their truſt, and ſo the people diſſolved from all obedience and ſubjection to them. bbA Declaration of the Free Commoners of England.All their Votes, Orders, Ordinances, Declarations, Acts, which are, or hereafter they ſhall paſſe, are declared and proteſted againſt, as not binding to the people. ccOut-cry of the young men, pag. 11.Againe, Never will we by popular Petitions addreſſe our ſelves to the men ſitting at Weſtminſter any more, nor take any notice of them, then of ſo many Tyrants and uſurpers, and for the time to come hinder (as much as we can) all others whatſoever from ſubſcribing or preſenting any more popular Petitions to them. So at his triall he ſpake it openly, the Parliament that made the Act of his baniſhment, was ddHere the Proverbe is verefied, He that hath once paſt the bonds of ſhame, muſt be notable impudent.no Parliament, nor could they make an Act of Parliament ſince the Kings head was cut off, eeHue & Cry, pag. 35.whoſe death in Law unqueſtionably put a period to the Parliament. They have fild the Land (ſaith he) with their mockt or pretended Magiſtrates.

It was ffEugm: Baron: Jure conſu: l. 1. p. 120.a Law among the Romanes that whoſoever paſſed not into their Citie through the gates, but attempted to breake thorow the wals, or to clime over, they ſhould be put to death. But how much more had he deſerved to die, that ſhould have broken down the wals, burnt the gates, and ſo brought in the enemie to deſtroy the Citie. That which Mr. Lilburn hath been a long time ſtrugling p. 28for, it is to throw down the preſent wals & ſtrength of the Nation, and to bring all things to confuſion (England to a heap of duſt and aſhes) by moving the people to Rebellion, and ſo to deſtroy one another in their Liberties, Properties, lives, and all. What man ever ſpake halfe the **Reus eſt laeſae Majeſtatis qui ſeditionem in Remp: concitat, eum hoſtibus, patrinae Religionem aut Reipub: hoſtibus nomen dat aut aliud quid vis ad Reipub: ſtatum evertendum. Moli…ur, l. 1. 10. 11. hic. l. 5. eod vult Alihiſ: Dam houd: vid: Dam houd, c. 63 Odiſſ. aliqui per l. 21. ſect. 1. de cap. & poſt. l.Treaſon that he doth here? who lived under any Civil Government, that hath comparatively ſo abuſed it? what State ever ſtood ſtill and ſuffered themſelves ſo intollerably to be reproached? What infinite maſſacres, murders, robberies, inſurrections have been committed, in Kingdomes and Common-wealths by far leſſe occaſion then this given to the people of this Common-wealth?

When Demoſthenes would ſet forth the improvidence and incircumſpection of the Athenians, preſented to them an innocent Foole, who being ſmitten on the cheek, layd his hand on the place where he had received the blow, and being ſtricken on the other cheek, did the like, never uſing any of his hands to defend himſelfe from further blowes. Thoſe that are in Supream Authority, when they ſhall heare themſelves publickly ggIn that Act declaring what offences ſhall be judged Treaſon, it is thus ſaid; If any perſon ſhall maliciouſly or adviſedly publiſh by writing, printing, or openly declaring that the ſaid Governmēt is tyrannicall, uſurped, or unlawfull, or that the Commons in Parliament aſſembled, are not the Supream Authoritie of this Nation, that Every ſuch offender ſhall be taken and judged by the Authoritie of this Parliament, to be high Treaſon.proclaimed, a pack of juggling knaves, butchers of men, bloud-hounds, their Authoritie not onelyonly queſtioned, but denied, and ſaid to be no Parliament, but a Juncto, a mock-Parliament, a company of uſurping Tyrants; and the people looſ'd and diſſolv'd from yeelding any further dutie or obedience to them. (Juſt as the Popes uſed to doe by their Buls and Breves, when they depoſed Princes, and diſcharged the Subjects of their Alleageance.) p. 29When they ſhall ſee ſuch things (we ſay) before their faces, and acted at noon day, if hhRefert bonorum exemplis puniri improbos.they ſtand ſtill, and hold their peace, what may they be accounted, but like Demoſthenes, iiIndulgentia & lenitas Magiſtratus minimè ſeditionibus praebet: quiadum quiſcere Magiſtratus officia plebs videt, nulliſ que legum coerceri repaculis animadvertit, ipſa ſibi rapere gubernacula & quidvis audere incipit, contemto Magiſtratu vel ſpeimpunitatis concepta. Frid: Wendel: Inſt. polit. l 3. c. 2. p. 492.Innocent foole, Ideots, Silly-bodies: or like the Gymnoſophiſts, whoſe manner was when they were moleſted with Waſpes, and other ſtinging flyes, not to ſtirre, or once offer to drive them away.

Although therefore ſuch Incendiaries and firebrands, may be quitted by partial and corrupt Juries, (men as treacherous to the State as themſelves) yet are the higher Powers ſtrictly to looke after thoſe things, and to puniſh as the Authours of Treaſon, ſo the kkAgentes & conſentientes pari poena puniuntur. Danaeus in 1 Tim. c. 5. v. 22.1 Tim 5:22partakers likewiſe, who wrapt themſelves by unrighteous verdicts in the ſinne and guilt of Treaſon: Howſoever the Magiſtrate (llSane lentus in ſuo dolore eſſet. Reipub: injuri as ne largiretur Tacit. Annal. l. 3. p. 109. ſaith one) may be as ſlow as he pleaſeth in puniſhing injuries committed againſt his own perſon, yet he ought not to pardon ſuch as are don againſt the Common-wealth: mmUnhappie proſperitie firſt hiſto: pag. 180.A Magiſtrate (ſaith another) who hath diſcovered a Conſpiracie, and ſeemes fearefull to remedie it, is as faultie as the Conſpirator himſelfe.

But to proceed: Neither hath Mr. Lilburns nnAs the ſwine ſpareth not his mouth from any filthy and uncleane thing: So he ſpares none, whatſoever their place, worth, or deſervings are.rage reſted here, but it hath as much appeared, and broken forth againſt our Armie, ſpecially the great Officers, and ſuch as command in chiefe. Theſe are cald ooSee his bookes, viz: The picture of the Counſel of State: Englands new Chaine, firſt and ſecond part. The legal foundamentall Lawes, Liberties, &c. An Arraignment of Oli: Cromwel, &c. The Out-cry of the young men, &c. where all this and much more is expreſſed.New Tyrants, perfidious cruel Tyrants, Apoſtatiz'd Tyrants, Turkiſh Janiſaries, Traytors, Theeves, Beares, Wolves, inhuman bloudy butcherers of men, the ſcum, riffe-raffe, p. 30and traſh of the Nation, Inſulting Oppreſſors, men that walke by no Rules or Principles, either of honeſtie or Conſcience; ſubverters of Lawes and Liberties, ſetters up of the higheſt crueltie, villanie, ſlavery, that can be imagined, even Tyranny at the hight: Thirsters of the bloud of ſuch Souldiers, as are of action, for Common freedome and ſafetie, have enſlaved the Common-wealth to their ambition, lust, covetouſneſſe, domination; taken away mens lives for no other end, but to make way for an abſolute domination; have brought the Land into a more dangerous condition by far then they found it, even the vileſt and baſeſt bondage that ever Engliſh men groaned under; ſo that the cruel Tyrant Duke D'Alva, or bloudie Queen Mary, are not ſo bad as theſe; yea, the King is much more excuſable then they; ſo Hollis and that partie.

Note (Reader,) how Mr. Lilburn here, is ſemper idem, Can the Blackmore change his skin? In ſome fenny Countries where people are troubled with Gnats, they uſe to hang up dung in the midſt of the roome, as a bait for the Gnats to flie to, and ſo catch them, as being a net or ſnare provided for that purpoſe. We know not whereunto this mans lying, rayling, and devouring words, may be more fitly compared, then to ſuch ppLilburn ſpeakes of his Excrements which he judgeth not mean enough upon equall termes to Ballance againſt Cornet Den, and Jo: Canne, Arraignment p. 3. It ſeemes he voyds them here, as hanging up his dung for Cavileer-Gnats to ſtick at. It is Evident enough, that the Malignants would not inquire after his Pamphlets, nor read them, if it were not for his rayling againſt the Parliament, Councel of State, Army. As for his talke and vapouring about the Law, they regard it not, it's the dung & Excremēts which he voyds at the mouth that the Malignant Gnats ſly to.a dung-Trap. Indeed he can ſpeake it by experience, of a multitude of Malignant Gnats, which he hath already taken in this ſnare: in ſo much as there is not almoſt a ſecret Conſpirator, a falſe-hearted Traytor, a fling fire, foreign, a boutefue (as Neſtorius was cald) one that ſeditiouſly ſeekes to deſtroy the Common-wealth, but this ſerves as a Trap purpoſely layd to catch them.

Neither is he ſatisfied, to call them thus, Tyrants, Murtherers, Traytors, &c. altogether, but particularly p. 31and perſonally, the Lord qqTunc tu…res agitur paries cum proximus ardet, it had been well if ſome had remembred it.Fairfax firſt (whom the Lord hath made an eminent Inſtrument of much good to the Nation) him he cals, rrAn Impeachment of high treaſon, pag. 2.A great Tyrant, ſtanding by the power of his own will, and a ſtrong ſword born by his vaſſals, ſlaves, and creatures: having no Commiſſion to be General, either from Law, the Parliament, or from the prime Lawes of Nature and Reaſon. Againe, ſſA Salva libertate to Col: Weſt.The General Lord Fairfax (and his Forces) hath broken and annihilated the formal and legal Magiſtracie of England, yea the very Parliament it ſelfe, and by his will and ſword (abſolute Conquerour-like) hath most tyrannically erected, ſet up and impoſed upon the free people of this Nation, a mock Parliament, &c. ttThe picture of the Councel of State, ſecond Edition, p. 14.So in another place, the General (meaning the Lord Faixfax) is but their ſtalking Horſe, and a Cypher, uuThe peoples Prerogative, pag. 55, 56.one whom they lead hoodwinckt to the pits brink of his own ruin and deſtruction. Againe, xxThe legal foundamental liberties, p. 38.Corah, Dathan, and Abiram, were never ſuch Rebells againſt Authoritie, as the General (viz: the Lord Fairfax) and his Counſel are, nor the Anabaptiſts at Munſter: with yyYou miſtake the compariſon: John of Leiden and John Lilburn are alike. John Lilburn is ſtiled Defender of the faith, An Alarum to the Houſe of Lords, Title Page: And John of Leiden his Title is, Johannes Rex Nove Hieroſolymae, Rex Juſtitiae ſuper univerſum orbem.John of Leiden and Knipperdullion, were never more contemners of Authoritie; nor zzHe forgets here his name ſake John Li…iſtor a Dyer who at the ſame time tooke upon him the name of the King of the Commons.Jack Straw and Wat Tyler, nor all thoſe famous men mentioned with a black pen in our Hiſtories, and called Rebells and Traytors, can never be put in any ſcale of equall ballance for all manner of Rebellions and Treaſons against all ſorts and kinds of Magiſtracie with the General and his Councel.

There is a great deale more and worſe too, which his licentious mouth hath vomited forth againſt this honourable perſon, which is ſo baſe and ſcandalous, as we are loth to repeat it. Flyes as they p. 32are ingenious to doe miſchiefe on grapes, ſo they are ſuttle taſters to chooſe the ripeſt and ſweeteſt for their pallat: As we had not then in the Armie, a choicer man, nor a man more aaPejor eſt detractio in magni nominis viris, quam in plebijs. Aug. lib. 3. cont. Petil.eminent and faithful then the Lord Fairfax, ſo he had not in the Land a greater Enemy and bbRegnorum peſſima peſtis, feditio.Traytor to him, and one who more ſought his ruin (by raiſing mutinies and ſeditions perpetually amongſt the Souldiers) then John Lilburne: he was no other but ccAs the firefly leapes and danceth in the fire: ſo it was matter of joy to him to ſee Commotions in the Land.a fire brand where he came; and this the Generall well knew, and might have ſayd;

ddLucan: l. 9.Noxia ſerpentum est admixto ſanguine pestris,

Morſu virus habent, & fatum in dente minantur.

So hurtfull are the 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 eeJoh. 11.50. & 18.14.John 11:50John 18:14Divinitie and policie, that it is more expedient that one man die, yea ten, an hundred, a thouſand, then the whole Nation ſhould periſh: ffMelius 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: ggƲre, 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; hhFrequentius vivi ſectione partes, eminentioribus locis ſuſpendendas. Clav. D. num. 8. Damhoud.Conſpirators againſt p. 33the 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,

Cui que 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 iiSome 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.Prov 11:8unreaſonably 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 kkThe 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) p. 34as 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, llMunicipale vulgus pronum ad ſuſpitiones. Tacit. hiſt. 11.how prone they are to ſuſpition, mmƲulgus cujuſ que motus novi cupidum, Tac. hiſt. 1.deſirous of new motion, nnNon delectu aut. ſapientia ducitur ad judicandum, ſed impita & quadum temerita. Cic: pro plan.judge things headily and raſhly, ooInopes 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. ppQui 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 qqMachiavel diſcourſes, lib. 1. c. 8.he reports to be frequently practiſed at Florence (his own Citie) rrEnvie 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 ſſThe 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 p. 35reports 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: ttThoſe 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 he hath don.As were the Plots, Conſpiracies, and Treaſons of bad men heretofore, both to the deſigns, and the carrying of them on; namely, to aſperſe and belye men moſt eminent and beſt deſerving; and thorow their ſide, have ſought to deſtroy the Nation: So it is now, the very ſame imitated and practiſed, by Incendiaries, Mr. Lilburn being an Artiſt and deeply Learnt in this Machiavillian Myſterie, as all his writings (almoſt) loudly ſpeake it out, being by any impartial, unbyaſed, and judicious Reader lookt over.

2. Thoſe that doe deſire, and ſeek to hinder the peace of a Nation, by rayſing commotions and hurlyburlies among the people; their manner is, to Cry up, the ſweet, plauſible and much taking name of uuPalam ſpecioſa protexunt nomina & libertatem praeſeferunt durum que & inviſum ſervitutis jugum deteſtantur. M. Frid. Wendellin. Inſtit. Polit. lib. 3. c. 2. Theſ. 8. p. 494.LIBERTY, A FREE PEOPLE, Complaining againſt Arbytrarie Power, Tyranny, Oppreſſion, pretending much to ſtand for the Fundamental Lawes, Liberties, and Interests of the people. And indeed this is a xxIt was truly ſaid of the Orators. There is nothing don ſo evill, but with faire colours a man may defend it, witneſſe theſe men who have hid (as a dunghill under ſnow) the greateſt Treaſon that hath been committed under the Sunne.ſnare ſo cunningly laid, as many p. 36honeſt and well meaning perſons, have ſometimes unawares been caught in it. Thus the Pazzians at Florence, to draw the people to their baſe Conſpiracie, Cryed out in the Market-place, Libertie, Libertie, but (plus aloïes quam mellis habet) had they joyned with them, the Citizens from liberty and freedome had put themſelves into abſolute ſlavery.

So John of Leiden, and the Conſpirators with him, layd this down as Motives unto others of Rebellion, yySleiden Comment. lib. 5.Free Commoners, an Equal and juſt Government, every man alike in reſpect of zzLibertatis inſtaurationem & vindicias ſubditorum a jugo & Tyrannide profiteri auſus. Spenhem: diſput. Nec deſtituerint de magiſtratibus tyrannide paratragaediare & inculcare plebi, omnia natura libera eſſe & Communia; excutiendum eſſe principum aeque Romani jugum, & quia illi blā dis monitis haud quaquā cedent, ſed bona & capita ſubditorum libidini ſuae vectigalia eſſe velint, juſtiſſimis armis in omnibus vincicandam eſſe, quod omnium eſſe deus voluerit. Ibid.libertie, freedome, and ſafetie, the yoke of oppreſſion to be ſhaken off: and for this they might lawfully take up Armes and reſiſt the higher Powers. And this ſo well pleaſed the ſeditious multitude, as following their Leaders in Rebellion and Treaſon againſt the State, they come at length (when it was too late) to ſee and acknowledge their great inſolencies, when deſervedly they fell under the hand of Juſtice.

Our own Hiſtories yeelds us plentifull of Examples in this particular: ſeldome hath there been an Inſurrection in the nation, but the Fomenters thereof, have ſutly conveyed into the hearts of the people, the poyſon of their tongues and pens this very way. Thus aaHolinſ. Edw. 6. 1034.Kets Rebellion was occaſioned under pretence of Libertie and ſafetie to the Countrey: So bbHolinſ. Hen. 6. pag. 632.Cades, that it ſhould be profitable to the whole Realme. So ccMartin Rich. 2. p. 111. Holinſ. Hen. 4. p. 529.Jack Straw and Wat Tiler, all was for Libertie, and to redreſſe publick abuſes: Hence they ſtiled themſelves, The ſervants of the Common-wealth: So the Rebellion in the North ſeverall times, it was for Lawes, Libertie, publick ſafetie to ſuppreſſe oppreſſions, &c. Here you may ſee as in a glaſſe, Mr. Lilburns deſigne p. 37ſet forth to the life, his endeavour hath been a long time to ruin the Nation (eſpecially ever ſince it was a Common-wealth) by ddNon aliter ſalvos & incolumes ſe eſſe poſſe exiſtimarit, niſi in publicis calamitatis.a principal which he hath learnt from the practice of old Incendiaries: Oh what a noyſe makes he and his partie about Magna Charta, Petition of Right, the fundamental Lawes and Liberties of England, &c. inſinuating all are taken away, Every free-born Engliſhman is now a ſlave, ſo that there lies a neceſſitie upon all the people of England, upon the 16 of Octob: to take up Armes and deſtroy the preſent Government, &c.

They which hawk for birds, do of purpoſe make a ſtale of the Owl; and ſo the ſilly birds, whilſt they come flicking about her are taken unawares: eeIn Newrie in Ireland certain old women uſed to make a fire in the feild where diverſe little children drove out cattle in the cold mornings, and coming to warm themſelves were by theſe ſurpriſed, killed and eaten. Seditious perſons & their deſignes are like thoſe wicked womē and the fire.Such a thing is Mr. Lilburns ſeditious rayling againſt the Parliament, the Generall, and Armie, as ſending forth a hue and Cry after the fundamental Lawes and Liberties of England. An Impeachment of high Treaſon againſt Oliver Cromwel, &c. Inſtigating the people to take up Armes for their Lawes, Liberties, lives, proprieties, &c. Now note Reader whilſt they are looking on this, and wondering at the ſtrangeneſſe of it, (it being a night bird, and ſhunning the light) are ſuddenly ſurpriſed by the fowler, who hath laid ſuch a trap purpoſely to take them by.

3. Howſoever ſuch men ſpeak aloud of Common freedome, libertie, native birth-right, complaine againſt Oppreſſion, Tyranny, Arbytrarie Power: yet it is well knowne, all this hath been but a politick pretence, and a weapon taken up of ffThere goes a ſtory among ſcholars of Aeſops deceiving Mercurie, he having promiſed him one part of his nuts keepes all the meat and delivers the ſhels to the other: So in dividing the ſpoyles of the Common-wealth Lilburn intended to have had the beſt ſhare, viz. the meat, and the ſhels ſhould have been given among his followers.meere advantage, whereby ambicious, malicious, and diſcontented perſons, have fought, (not the publick good) but p. 38themſelves and their own Intereſt. This might be proved by all Incendiaries in every age and place; ſo that not to them coulds Caeſars ſentence be applied, ggTu civem patrem que geras, tu conſule cunctis, nec tibi nec tua te moveant, ſed publica vota. Claud. ad honor.NON MIHI SED POPƲLO. As men hhNihil eſt utilius aut opportunum quem in a qua turbida …ſcari.trouble and darken the water, thereby to get the more fiſh: ſo in making Commotions and diſturbances in a Nation, it hath been altogether for advantage ſake.

He that ſhall duly obſerve, Mr. Lilburns footſteps for ſome later yeares, ſhall evidently ſee, that in ſetting himſelfe againſt Authoritie, whereby to diſquiet the minds of the people, it hath ever been to carry on his own deſign. Thoſe whom he thought, have ſtood in iiAre not all his complaints w^ch he makes in his printed Books againſt Sir Arth: Haſlerig in reference to himſelf. Becaus he pretends perſonal wrongs don to himſelf, all England muſt have an Alarm, Arme, Arme: As if all our Lawes, Liberties, proprieties were loſt and taken away from us, when he is oppoſd & croſt: The matter then is thus: if Mr. Lilburn may have his will and his turn ſerv'd: the Gentlemen at Weſtminſter ſhall be a lawful Parliament, and ſo no need of riſing upon the 16 of October.his way of gaine and preferment, or would not comply with his Ends, them he hath reproach'd and ſlanderd, and rendred them to the world as odious as might be; but for others (how corrupt and rotten ſoever) ſo they would ſerve his turn, ſuch he hath rather flattered, then ſpoken againſt. Henrie 4 of France prepared an Armie of threeſcore & twelve thouſand, and made the world beleeve, it was for Germany to attain unto the Imperial Crown: Whereas indeed he intended to fetch the Princeſſe of Conde from Bruxels for his baſe uſe.

In ſome ſuch way, would Lilburn deceive this Nation, he ſeekes by ſlandering the Government, to raiſe an Armie, and gives out, it's to fetch home Magna Charta, Petition of Rights, a legal Magiſtracie, Cookes Inſtitutes, &c. But

Fiſtula dulce canit, volucrem dum decipit auceps.

The bird to woe the Fowler brings,

Whilſt with his pipe he ſweetly ſings.

p. 39Therefore (Reader) kkIt is ſayd of Richard 2. Never was Prince receiv'd with greater love and opinion of all men, and ſooner loſt it: Lilburn hath ſoon looſed the opinion which people had of him when he came to action. As when he turnd Solicitor, his actings were baſe and ſcandalous.beleeve him not; for were he once in the head of ſuch an Armie, it is to be feared he would march another way, and doe as former Mutiners have don (Levell all) who pretended as much to Juſtice, Reformation, and publick good, as ever Mr. Lilburn hath don.

But 4. And to come neerer to Mr. Lilburns charge againſt the General: If the blind lead the blind, they both fall into the pit, ſaith Chriſt: The truth is, he being ignorant, what are the due Rights, Liberties, and Priviledges of a free People, runs headlong himſelfe, and drawes others blindfold after him into the whirlepoole of ſedition: He talkes much of Fundamental Lawes and Liberties, (and many like Parats ſpeake thus after him) meaning (as we conceive) that there are ſome Lawes left us by our forefathers, which like the Lawes of the Medes and Perſians, muſt ſtand, and by no after power or Parliament may be removed: But this llHe tels us often of Bondage and Vaſſallage, but no man ever aſſerted a thing which leads to more perfect ſlavery then this: How are we a free people, and not to take and make what Lawes wee will for our ſelves. The ſhooes & other apparel which we wore being children were then fit, but now they muſt be wider and larger: ſo Magna Charta & other things were ſu…eable to the people then, but now not ſo.is a falſe Aſſertion, grounded upon no Reaſon, Juſtice, or Equitie, a meere dream and fancie of his own head: Indeed Salus populi ſuprema lex: what is beſt and fitteſt for the proſperitie and ſafetie of the Nation, that is to be conſidered, and eſtabliſhed by the higher powers then in beeing.

The Phyſitians of our time, will not follow Galen, nor any other, otherwiſe then in their own judgment they ſee reaſon for it: So neither are State-Phyſitians bound up to Magna Charta, Petition of Rights, or any other former preſident, (which he cals Fundamental Lawes,) further or otherwiſe, then they ſee the ſame conducing to the welfare and happineſſe of the Republick, but may lay aſide either p. 40part or whole (as they ſee cauſe) and appoint ſomething elſe as more ſeaſonable and proper to us, and as providence makes way for it. It is an old ſaying, and very true, mmMacrob. Saturn. lib. 3.Leges bonae ex malis moribus procreantur, nnƲt optima remedia expeſſimis morbis nata ſunt, ita optimae leges ex peſſimis natae ſunt moribus: Caroli Caeſar. Symbolum.Good Lawes are made from bad manners. As for Example, if the State ſhall ſee, that to try an offender by a Jurie of twelve men (a thing practiſed a long time with us) be dangerous to the Common-wealth, and much corruption and Injuſtice is committed this way: they may, yea and ought to lay it by, and to appoint ſome other way and courſe for the trial of Delinquents, which ooHence is that ſaying of Plato; Tunc florent Reſpub: quando vel philoſophus regit, vel Rex philoſophatur. So Ariſtotle; Ʋbi praeſes eſt philoſophus, ibi faelix eſt civitas. Their meaning being that to have a Cō mon-wealth floriſh, there muſt be wiſdome & prudence, as to what Lawes are made and executed.is better and more for the ſafetie and preſervation of the Nation. And the like holds true in all other caſes.

Now if the Reader be pleaſed to obſerve well, what is here ſaid, all Mr. Lilburns Out Cries againſt the General, will appeare to be wind and vanitie. For neither is his Excellencie, nor the Parliament, bound (as we ſaid before) to continue in force any of the ppWe would know of Mr. Lilburn, or any other man, what Reaſons they can ſhew us, that we may not lay aſide all the old Lawes and make new. Magna Charta, Libertie of Rights, Cookes Inſtitutes, ſpeake nothing to the Queſtion; They muſt prove that we and our poſteritie, (although a Free People) are bound to keep any Law, whether fundamental or not fundamental, if we ſee the ſame obnoxious, and ſo fit to be laid aſide.old Lawes of the Nation, but (upon Grounds of libertie, and being a freer people then ever our fore-fathers were) they may Eſtabliſh new and others in their place. So againe for his filling of mens eares with Remonſtrances, Declarations and Petitions of the Army, at New Market, Triploe-heath, &c. As to what hath been promiſed to be don for the Nation, we ſuppoſe it will here be underſtood, by all judicious and impartial hearers, that whatſoever the General and his Officers Engaged for, it was for the good of the people, as in order to libertie, ſafetie, p. 41good Lawes, &c. He that promiſeth a man ſix pence and gives him a ſhilling, breakes not his promiſe, but is better then his word: ſo the General (if by the good hand of God aſſiſting him) ſhall be an qqIt was a ſpe…ch of Auguſtus, Roman… lapideam & incultam in veni, marmoream reliqui. And the Epitaph given to Conſtantine was Libertatori urbis fundatori Quietis. In what condition England was before the General ingaged for the Liberties of this Nation, it is wel known, and how inſtrumentally he hath bin for the good of all good men, & we hope the Lord will ſo carry him on for the perfecting of the work, that the formre ſayings ſhall be applied more truly to him.Inſtrument, to put this Nation into more freedome, and eſtabliſh in it better lawes then formerly were thought of, here is no breaking of any Engagement, but a doing more then was before promiſed.

When Nero was like to looſe all, and himſelf too, nothing troubled him ſo much as that his skil was impeached in playing; Quantus artifex pereo! ſaith he; No doubt it vexeth Mr. Lilburn not a little, to heare that our Lawes are likely to be altered, which are (as the Lawyers handle them) like a Dutch mans hoſe, to be worn up or down, turnd any way: And Mr. Lilburn knows this well enough, having gotten ſo much skill in the doubtfull and double ſence thereof, as he dares ſpeake and write Treaſon familiarly, being certain he can prevaile with rrIt was ſpoken by one of the Jury before the trial: That Right or wrong they had agreed to quit him; who would not ſtand for ſuch a way of triall.12 men, whom he picks and chooſes, to ſay as he ſaith, and not to regard any witneſſe or proofe produced to the contrary, if it be againſt the Common-wealth.

5. And laſtly, As the Accuſations which Mr. Lilburn hath publiſhed to the world againſt the General, are malicious, falſe, and ſcandalous; ſo he hath ſhewed himſelfe therein, a perſon moſt inhumane and ingratefull. The ſaying is;

Arbor honeretur cujus nos umbra tuetur.

Much honour'd of us is the tree,

Ʋnder whoſe ſhade protect are wee.

p. 42Many great favours hath the General ſhewed him: obſerve what he ſaith himſelfe; ſſJonahs cry out of the Whales bellie, pag. 2.I must confeſſe you tooke compaſſion of me in my bonds and chaines, even when I was at deaths doore, and was princimental in delivering me from the very gates of death in Anno 1640. and ſetting me ttWe reade of a Stork that caſt a pearle in the boſome of a mayd which had healed her of a wound: Mr. Lilburn cōfeſſeth here, that the General under God did heale him and help him: but how hath he required him? inſtead of pearles, caſt ſerpēts, ſnakes, fire-brands at him; thereby to have deſtroyed him if he could.free from the long and heavie tyrannie of the Biſhops and Starr-Chamber, even at that time when I was almoſt ſpent, and many particular reſpects ſince then, and a large token you ſent me ſince I came, &c. This was an Act of ſo much goodneſſe and love, as a man of ingenuitie and gallantrie would never have forgotten it, at leaſt never have abuſed ſo precious and loving a friend: But this is not all; he tels us more; uuA juſt reproofe to Haberdaſhers Hall, pag. 6.At the Lord General Cromwels coming out of Ireland, he was Nobly pleaſed to get me a Grant of ſetling Lands upon me for the reſidue of my money, for which moſt Noble favour I muſt and doe xxQuid verba audiam cum facta videam.heartily declare, and acknowledge my ſelfe highly obliged to him. Thus yyScilicet ut ſulvum ſpectatur in ignibus aurum: Tempore ſic duro eſt inſpecienda fides. Ovid. Triſ. …. 1.he.

There are three things here obſervable, as demonſtrating Mr. Lilburns practice to be zzMr. Lilburn might have remembred his Caſe; Damnabitis nunquam, poſt longum tempus, amicum.evil above meaſure: 1. The fowl language which he gives the General: ſuch words as we are confident would not fall from any aaIt ſeemes Mr. Lilburn never read that in the Poet; Stulium eſt hoſtem eratare, potentem: atque malum Mavis tumidis ſibi quaerere verbis.mouth but his: hence it is that we purpoſely ſtill forbeare to mention them, becauſe they are ſo baſe. 2. How he renders evil for good; a vice abhorrent to Heathens. 3. He hath had no bbNullam virtutem magis propriam imperij & poteſtatis eſſe quam clementiam, qua qui praediti ſunt, vere dij nominantur: Zenophon in Cyr:provocation or occaſion ſo to doe: but being croſt by others in his deſignes, hath powred out his p. 43malicious poyſon againſt his Excellencie. It is a Riddle to many, ſeeing the General (as he confeſſeth himſelfe) hath been ſo real and helpfull to him, & never wrong'd him at any time (**And if the General had not don ſo, it might have been ſaid, (and no leſſe could have been exſpected) Barbarus heu cineres inſiſtit victor et urbem Eques ſ…ante verberebit ungula: The victor rude upon our graves doth tread, our Citie is with trampling horſe orelaid. unleſſe it were to quench the ſeditious fire which he endeavoured to kindle in the Nation) what ſhould be the cauſe of his ſpeciall ſpight and malice againſt him: But here wee ſee it to be true which a learned man well obſerves, **Guicciar: hiſt. l. 1.That it doth not alwayes come to paſſe in taking away the occaſions, the effects doe ceaſe: for this man hath not ceaſed his rayling and falſe accuſations againſt the General, though all occaſions have been taken away both firſt and laſt. The Crow followes the Eagle with crooking, and daring him as it were: but the Eagle lets her alone, keeps on his courſe as ſeeming not to obſerve her: Whoſoever ſhall read Mr. Lilburns books publiſhed, either before he went into Holland, or there, or ſince his return, may perceive what the mans intent and deſire is; namely, by daring and inſolent words, to provoke the General to ſome perſonall quarrell with him, and to become his Enemy whether he will or no Now whereas in all this, the General is ccNihil eſt laudibilius, nihil magno & praeclaro viro dignius placabilitate at que clementia. Cic:ſilent, lets him alone, ſeemes to take no notice of his falſe aſperſions, but exerciſeth patience, as in reference to himſelf and his own particular wrongs: in this (we ſay) he Acts according to a Chriſtian, and ſhewes one of the beſt and choiceſt qualitie and vertue belonging to a General. Neither in this doth he walke alone, but men in the like place of power and command have don before the ſame: Of Theodoſius, Arcadius, and Honorius we read, that they would have no man puniſhed for ſpeaking evill againſt p. 44their perſons. ddQuoniam ſi illud ex lenitate proceſſit, contemnendum eſt: ſi ex inſania, miſeratione digniſſimum, ſi ab injuria, remittendum. Luni Siquis Imp: Maled: lib. 9. Cod: Tit. 7.For (ſay they) if the thing proceed of raſhneſſe, it is to be contemned, if from madneſſe, it worthily deſerves to be pittied: if of injury it is to be forgiven. So Titus Veſpatian, though a heathen, yet went beyond moſt men this way, as thinking that eeNemo me injuria officere, aut inſequi contumelia poteſt: proptereà quod nihil ago quod reprehendi mereatur: ea verò quae falſo de medicuntur, proſus negligo. Melior eſt venia quam vindicta. Perdere poſſe ſat eſt, ſi quem juvat iſta poteſtas.No man by his tongue could doe him hurt, or faſten a reproach upon him, as not doing any thing whereby men might juſtly ſpeake evil of him, and for what they ſpake falſly and untruly of him, he regarded it not. We doe not ſpeake this, as if the Law hath not made proviſion againſt ſlander, we have formerly ſhewed the contrary, but in that the General hath hitherto been dumb and not opened his mouth, as to Mr. Lilburns perſonal abuſing and reproaching of him. In this we thinke he hath don very well, and therefore doe mention ſuch good Examples of other ffQuo quiſque eſt major, magis eſt placabilis ira: & faciles motus mens generoſa capit. Naſo Triſt. l. 3.Great men, who have don the like before.

Having ſhewed what Mr. Lilburn hath Acted againſt the Parliament, the Lord Fairfax, the General, and chiefe Officers in the Army: we come now to ſpeake of the End, or his Grand deſigne therein. As the Pope firſt makes Princes Hereticks, then Excommunicates them, and afterward abſolves the Subjects from their Alleageance to them:ggWe read of one Monarcho a frantick Italian, who imagined that all the Kings of the earth were his Vaſſals: ſurely if Lilburn be not a mad man, yet in his practice he is little leſſe. So deales Mr. Lilburn with our State: firſt he makes the perſons of our Governours, Tyrants, Murtherers, Theeves, then Excommunicates them, and hhQuere: Whether Lilburn can prove that he can doe all this lawfully, by Magna Charta.cuts them off, as being no lawfull Authoritie. Afterwards proceeds to Abſolve and ſet Free the people from yeelding obedience any more or further to them. But howſoever, in one thing here, he is worſe then the Man of ſin, and ſhewes p. 45himſelf to be more, the lawleſſe one: For we doe not find that openly and avowedly the Pope doth deſire, that thoſe Princes declared Hereticks, and Excommunicated by him, ſhould be by the people afterwards murdered and put to death: what he ſecretly and cloſely doth is another thing; But ſuch iiSpeaking of himſelfe he ſayth; My ſoule abhorres to doe that which doth not become a man of gallant noble & heroick mind. And in another place, He will not be ſingle but double John Lilburn. Doth he not here make his ſayings good?a bloudie Tenent is avouched by Mr. Lilburn, that whomſoever he makes State-Hereticks, and caſteth out, are to be deſtroyed (Quicunque vult,) kkImpeachment. pag. 7.whoſoever is able may lawfully doe it: and ſo much we ſhall prove from his own mouth, with the ſeveral wayes which he hath uſed to effect it.

1. By inſtigating the people llA Declaration of the free Cōmoners of England, touching their Engagemen….Ʋnanimouſly to reſolve and engage one to another, mmFundamental Laws, p. 44.not to ſide nor fight for the Cameroes foliries and pride of the preſent men in power: But to nnFundament. p. 41.apprehend them as a company of theeves and murderers, and for their preſent uſurpation having plucked up by the rootes all legall and viſible Magiſtracie in the Nation: yea and juſtly may they be diſpoſſeſſed by the firſt that are able to doe it. O famoſum ſpectaculum, ſaid Hannibal, when he ſaw a pit of mans bloud: ſo Valeſas when he had ſlain thirty perſons, O rem regiam. The proverb went of Draco, that he wrote his Lawes not with inke, but the bloud of men: It ſeemes nothing will ſatisfie this man, but ooHad his treaſon taken effect, England might have ſaid; Venit ſumma dies: & ineluctabile tempus dardaniae: fuimus Tröes fuit ilium & ingens gloria Teucorum: ferus omnia Jupiter Argos tranſtulit: Incenſa donai dominantur in urbe, Virgil: Aeneid. lib. 2.deſtruction of Authoritie. Againe, Souldiers as well as others, are called upon, to ppPicture of the Councel of State, p. 14.riſe up againſt the Parliament, as ſo many profeſſed Traytors, Theeves, Robbers, and highway men, and to apprehend, ſecure qqGalen ſpeakes of a maid called Nupella that was nouriſhed by poyſon; it ſeemes the poyſon of Treaſon will not hurt this man.and bring them to Juſtice in the next Repreſentative: This is cald, rrA Declaration of the Free Commoners of Englanda coming p. 46into the way, and ſetting themſelves with the utmoſt courage and Reſolution to free their diſtreſſed Countrey from the feares and captivitie it now groanes under. Was there ever ſſThe idols of the Samoeds have their mouthes and eyes bloudie: ſuch a countenance hath this man, feirce and terrible to looke on.greater inſolencie offered to a State, or more deſperate Treaſon ever ſpoken? Among the Virginians he is the moſt gallant, that is the moſt monſtrous to behold: It is no marvaile that Mr. Lilburn by ſome, is ſo much commended as to be (Iſte vir) a Noneſuch, ſurely there is hardly another that is ſo monſtrous in ſeeking to embroil the Nation in bloud. But let us ſee how this is to be effected: the manner and way: Thus it is ordered: We reſolve with our ttAn Outcry of the young men and Apprentiſes of London, pag 9, 10.Burford Friends, or their Commiſſioners (running all hazard) to methodize all our honeſt fellow-prentiſes in all the Wards of London, and the out-pariſhes, to chooſe out their Agents to joyn with us or ours: to write Exhortative Epiſtles to all the honeſt Freemen in England in all the particular Countries thereof: to erect ſeveral Councels among themſelves, out of which we ſhall deſire and exhort them to chooſe Agents or Commiſſioners (impowred and Intruſted by them) ſpeedily to meet us and the Agents of all our Adherents at London, reſolutely to uuSugred poyſons go down pleaſantly, oh but when they are down they gal and gnaw and gripe the very heartſtrings aſunder, if there be not extraordinarie remedie: Thus it was with thoſe Burford Souldiers, who by his occaſiō chiefly, were drawn to mutinie, ah how heavy did the remembrance of their former ſin lie upon their conſcience, as rendring them liable to the wrath and diſpleaſure of God: as they ſadly confeſſe in their Petition to his Excellency, ſubſcribed by 340.conſider of a ſpeedy and effectuall method how to promote the Election of a new and equal Repreſentative or Parliament. Thus he.

Howſoever this was a cunning deſigne, and the more likely to take effect, by reaſon he had before rendred both the Parliament and Army, odious to the Nation: Nevertheleſſe the Lord in much mercy to his people fruſtrated it; to the ſhame of the Authour whilſt he lives.

But 2. The former deſigne not taking effect: the p. 47next was, to make diviſion between the Parliament and Armie, as ſometimes reproaching the Parliament to the Armie, otherwhile ſlandering the xxSee Englands new Chaine firſt & ſecond part, where ſo much is practiſed to the full.Armie to the Parliament: thus like yyNote a ſpeech of M. Lilburns, He that would not have others t…l have Law, why ſhould he have any himſelf? why ſhould not that be don to him that himſelf would have don to others? Preparative to hue & Cry, p. 7 He hath ſought without Law to murther other men, Ergo He hath endeavoured by falſhoods and ſlanders to undoe others, Ergo, Heu patitior telis vulnera facta meis.a makebate or fire-brand, whilſt he goes between them two, ſeekes by ſowing ſedition to ruin them both. It is ſaid of Cato, that he would uſually make contention between his ſervants, and keepe them ſo, becauſe he thought their agreeing together would be ſome hurt and damage to him; Mr. Lilburn well knew, it was an obſtruction to his Conſpiracie, whilſt the Parliament and chiefe Officers in the Armie held a good zzHe knowes that diſcordia eſt ordinū Reipublicae venenum, & therefore ſpits it at every word.accord: And therefore night and day endeavoured to ſow diſſention between them. Hence it was that he and his Confederates petitioned the Parliament, that they would aaEnglands new Chaine, pag. 6.appoint a Committee of their own Members, to heare, examine and conclude all controverſies, between Officers and Officers, and between Officers and Souldiers. Could there be deviſd a ſtratagem more miſchievous and treacherous then this? to ſet them at variance, to the prejudice of both, and ruin of the Nation.

Againe, bbWee have mētioned this before now, the truth is, ſuch rayling & baſe language he never durſt have uſed but ſpes impunitatis magna eſt peccandi illecebra. Tull: pro mil.It is (ſaith he) as viſible as the Sunne when it ſhineth in his glory and ſplendor, that Korah, Dathan, and Abiram, of old were never ſuch Rebels againſt Authoritie, as the General and his Councel are, nor the Anabaptiſts at Munſter, with John of Leiden and Knipperdullion, were never more contemners of Authoritie, nor Jack Straw, nor Wat Tyler: nor all thoſe famous men mentioned with a black pen in all our Hiſtories, and called Rebells and Traytors, can never be put into any p. 48ſcale of equall ballance, for ccMachiaevel Doctrine is, He that will effect any thing by ſlanders and falſhood, muſt-charge, home, which Lilburn hath learnt it ad unguem.ALL MANNER OF REBELLIONS AND TREASONS AGAINST ALL SORTS AND KINDS OF MAGISTRACIE with the General and his Counſel. It is ſaid of one, That he had the beſt weapons, but did the leaſt Execution: no man (no not any of the Traytors and Rebels whom he names) ever went beyond him, namely, in ſeeking to have put the Common-wealth into warre and bloud: but praiſed be God, ddHitherto the p…t which he hath digd for others, he hath fallen into himſelfe: and juſtly; for Qui vendit vanos circum palatis, fumos ſubdolus: hunc fumo nonne perire decet?his wickedneſſe hath not proſpered, which is no ſmal vexation to him and his partie. It is wel obſerv'd of eeAmbitioſi ali quot homines qui privatim degeneres, in publicum exitioſi, nihil ſpe, niſi perdiſcordias habent. Lipſ: polit. l. 6. c. 4. p. 266.Lipſius (and true here) Many ambitious men (being private and of little worth) are mutinous and ſeditious in the Common-wealth, as having no hope but by diviſions and diſcord to raiſe themſelves. But in the meane time it is forgotten, that

—Raro antecedentem ſceleſtum,

Deſeruit pede paenae claudo.

Seldome Revenge, though ſlow of pace

Leaves ill forgoing men to trace.

3. And a threefold Cord is not eaſily broken. Mr. Lilburn well perceiving how much it conduced, to the ſafetie both of the Armie and Nation, whileſt there was peace and concord between the Officers and Souldiers: for by this, they ffConcordes fueritis validi invicti que manebitis: ſi verò diſcordes, imbelles, & imbecilles facileſ que expugnatu futuri. Pluta…. Again, Concordia Victo riam, diſcordia praebet excidium. Tireſias.remaine-ſtrong and unconquerable, whereas diſagreeing, they were unwarlike, weake, and eaſily to be overcome: he puts himſelfe therefore among the Souldiers, and here he leaves ggBut here Lilburne cannot ſay, Labor omnia vincit: But nihil labor, averſante furtuna, prodeſt.no ſtone unturn'd, no path untroden, no meanes p. 49unattempted to deſtroy the Soulderie, by making diviſion. To follow him here in all his windings, turnings, and cloſe Conſpiracies, it is unpoſſible (ſurgunt de nocte latrones) what is come to light, we ſhall onelyonly report.

1. He and his Confederates cry out to the Souldiers to revolt and caſt off their Commanders hhThe bloody project, p. 14. Juglers diſcovered, pag. 12.. Let not the covetous, the proud, the blood-thirsty men ſway over you, feare not their high lookes, give no eare to their charms, their promiſes or tears, they have no ſtrength without you. FORSAKE THEM, and they will be ſtrong for good, adhere to them, and they will be ſtrong to evill.

Again, Thoſe proud hypocriticall Officers that are amongſt you, that are againſt freedome, and would do the worke of the Lord by halves. PUT THEM OFF, and chooſe honester in their room, and the only way is to take down their great pay, and let them ſerve as you.

And a little after; If you be wiſe, iiThe Souldiers which ſerved Marcus Antonius fell unawares on an hearb which greatly diſtempered their heads. Mr. Lilburns projects among the Souldiers was ſome ſuch hearb, for it put them into ſuch a frenzie as they forgot their duty both to God and their Country.march not out of London, nor undertake for Ireland, or any other ſervice, till there be ſet up a new Repreſentative of the Army.

Is there not here good counſell? could there be worſe broached by any Malignant of the Kings party? or the moſt treacherous Enemie wee had in the world, as tending more to a publique ruine? No marvail Mr. Lilburn is ſo hug'd by kkNo doubt but his Jurie, both the former and later know this wel enough, and therefore could not in their Conſcience find him guilty, to wit, for doing that which themſelves would have done, but that Oderunt peccare mali formidine poenae.Cavalliers, and taken into their boſom, hee having acted for them, and againſt us more treacherouſly then any among them ever did, or durſt.

p. 50But again, llThe hunting of the Foxes, p. 24.all Engliſh Souldiers (ſay they) that have the leaſt ſparke of mmAliquid la tet quod non patet.true love to themſelves and their Countries freedome, are bound to unite themſelves againſt thoſe Apoſtates, thoſe Juglers and Traytors to the people, thoſe that are the Levellers indeed: For what have they not levell…d? There is no truſt or confidence any more to be had in them, for they have broken their faith with all parties.

Thus are the Souldiers ſtirred up to inſurrrection: And as tinder doth eaſily kindle, when fire comes to it ſo were the Souldiers (at leaſt many of them) ready to mutinie aſſoon as thoſe Fire-brands of his were thrown in amongſt them nnA Declaration of the proceedings of his Excellency, 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 merciemercy. 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

p. 51ooHor. 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 ppThe 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 p. 52the 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 qqAccording 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, rrA 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 ſſMale 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 p. 53Chriſtians 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 ttThe 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 uuBonitatis 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 xxEngliſh new Chain, ſecond part, p. 14. 9.honeſt and worthy Souldiers, the good men in the Armie, the honeſt Nown-ſubſtantives yyPeoples Prerogative, pag. 42., men moſt conſcientious, and cordially acting for Common-good, and reſolved to ſtand for true Libertie zzAn 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 p. 54aaWhilſt 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 OƲRS. 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 bbThe Engliſh ſouldiers Standard, p. 8.. Is it not a ſhame (ſay they) that your fellow-ſouldiers ſhould undergo ſo ſlaviſh, ſo ccIt 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 ddHe 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 p. 55ſhewes, he that takes one eeNote 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 ffConſidering 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. ggThe 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: hhThe hunting of the Foxes, p. 18.Souldiers onelyonly are puniſhable in the Courts of Justice, and p. 56according to the Laws and Statutes of the Kingdom: ſo that the iiA 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 kkTake 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 llPoena 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 mmIt 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 Command, neglect duties, make uproars and tumults in the Nation? As for other Courts, in this caſe nnWitneſſe Mr. Lilburns firſt and ſecond Tryall, in both which he was quitted by the Juries, though as great a mutineer as hath been known in any age. As the victories wonn by Alexander and Julius Caeſar are not to be attributed ſo much to their valour, as to the condition of the people in thoſe dayes: ſo Mr. Lilb. eſcaped not by his skill in Law, or truth on his ſide, but through the fault and errour of his Juries.Mutineers will little regard them.

Thus we have ſhewed what miſchiefs to the Nation (by uſing others as his inſtruments) hee hath attempted to do. We come now to declare wherein his Deſigns and Reſolutions have been far worſ, and more abhominable, even ſo in humane and barbarous, as no tongue or penn but his owne would have durſt to ſet them forth to the world: And this concerns his deſigns and reſolution to ooƲbi eſt fervida vindicta, non eſt temperata juſtitia. Caſſiodor.murder and maſſacre ſuch perſons (we ſpeak here of his intent) who have diſliked his treacherous plots, and from time to time endeavoured to hinder the execution of them.

p. 571. For Sir Arthur Haſlerigg, what he meant to do by him, as to the taking away of his life, he hath publiſhed it himſelf: ppA juſt reproof to Haberdaſhers Hall, pag. 6.Meeting Mr. Pearſon at the George in Channel-Row, this meſſage by him he ſent his Maſter: As he loved his Masters life and welfare, I intreated him (ſaith he) to tell him I wore a good Dagger by my right ſide, and a good Rapier by my left ſide, & if within eight dayes he did not ſend me all my money, or give me ſome rationall ſatisfaction, let him looke to himſelfe, for after that day where-ever I meet him, I would pay him for altogether, though I were cut in a thouſand pieces on the very place.

Judge READER, are theſe the words of a Chriſtian, or rather a Heathen, and one that ſeeks nothing but himſelf and his own Intereſt? what would this qqIf a State in a prudentiall way will not ſuffer devouring Beaſts to be at liberty, whereby mēs Cattell might be deſtroyed: More carefull ſhould they be of ſhutting up ſuch beaſts who openly declare, that they will ſtab and kill ſuch men as refuſe to do what they require of them.fellow do had he rrSic voleo, ſic jubeo ſit pro ratione voluntas.power in his hand, that threatens thus to ſtab and kill, in reference only to his own particular Caſe.

The cruelties and infamies of Caligula are imputed to the Nurſe that gave him ſuck; the which being cruell and barbarous of her ſelfe, rubbed the ends of her breaſts with blood, cauſing the child to whom ſhe gave milk, to ſuck them. Whoſe milke this man ſuck'd we know not, ſſDicearchus ſet up two Altars, the one to Cruelty, the other to Iniquity, upon the which he ſacrificed and prayed as to the gods: whether Cruelty and Iniquity be not his great Diana, let the Reader judg.but this is certain (if out of the aboundance of the heart the mouth ſpeaketh ttIt is without all peradventure, ſhould this man and his party once rule, they would make ſuch Lawes as might well bee caled Officina ſcelerum & carnificina ſanctorum, ſhops of wickedneſſe, and ſhambles of the Saints.) he hath taken in ſo much ſelf-revenge, and ſeeds of crulty and murder, that (like another Caligula) the peace of a Nation, and ſafety of mens lives lie at the ſtake, where he hath Freedom to act according to his Reſolution.

p. 58But 2. concerning his wicked intent to murther the Lord Generall Cromwel, uuWe have here fulfilled what a learned Author writes. There is nothing endures ſo ſmall a time as the memory of benefits received: and the more great they are, the more commonly are they recompenced with in gratitude; G…c. hiſt. l. 4.he hath openly avowed it to the world; that had it not been for the affection which he bore to his Wife and Children, and the aſſurance which hee had to ſee the Generals downfall without his killing of him, and himſelf an inſtrument for the reſtauration of Englands liberties and freedom, he had abſolutely deſtroyed him with his owne hand before hee went in to Holland. And that the Reader may be fully ſatisfied in the truth of this, we ſhall here ſet down his own words.

xxNote that he makes mē tion of his intent to murder the Gen: in other places beſides what he ſaith here. Therefore my Lord, ſit as faſt as you can in the ſtrength of the Lord God Almighty: (ſee how the wretched man prophanes the name of God) have at you, if I periſh; I periſh As you were, p. 33.If it had not been for the ſtrong affection I bore to her, and my poore babes (whom willingly I would not leave beggars when I dye) & for that I had ſome grounded aſſurance in my owne ſpirit that I ſhould live to ſee his downfall, and the full reſtauration of our Engliſh Liberties and Freedoms, and my ſelfe be an Actor or Inſtrument to procure it without ſo apparant hazard to my life as ſuch an Act would be, yyThe wonderfull wiſdom of God is to be ſeen here, that this mans tongue ſhould reveale the wickedneſſe of his own heart, and that he ſhould glory thus in his own ſhame, as counting it his grace to be graceles.I had with my owne right hand at the Houſe doore avowedly ended the quarrell betwixt him and me, and the rest of the free-born people of England: With a paper of Reaſons in my left hand, ready to be ſent unto the Speaker, and with ſeverall others in my pocket, to juſtifie to the whole world the lawfulneſs and juſtneſs of ſuch an Action, both by the lawes of God, Nature, and Nations.

Wee need not zzIt went as a proverb of Cranmer, Do my Lord of Canterbury an ill turn, and you ſhall be ſure to have him your friend for ever. If Mr. Lilb continual treacherous dealing againſt the Gen: be conſidered, and his Excellencies readines notwithſtanding upon all occaſion to doe him good: It might be ſaid of Cromwel as the proverb went of Crammer.comment upon the ſpeech, his unparallel'd wickedneſſe is enough ſhewed by his own mouth: Notwithſtanding, ſome things we ſhal infer from it.

p. 591. Hence all men may clearly underſtand the end of Mr. Lilburns coming lately into England: Namely to effect what he had promiſed, to the Duke of Buckingham, the Lord Hopton, and others, aaSo much is teſtified by Iſaac Berkenhead, Je: Titus, Joh: Bartlet, & Rich. Foot.which was for 10000 l. he would deſtroy the Parliament, Councell of State, AND THE LORD GENERAL, & ſettle Charls Steward, King of England, in his Throne in England bbIt is true, he denies all th…s, but he knows the old ſaying, & in loco facere, & in loco lequi.. This upon oath hath been teſtified by divers, that ſeverall times he did declare, that either he would kill the Generall himſelf, or ſet one to do it, and declared this to be his intention upon his coming over.

Now what rationall man will not believe all this to be true, ſeeing there is no more ſaid by thoſe Witneſſes, then what himſelfe (in effect before) profeſſed he intended to do. For his declaring ſince to the contrary, it is not to be ccThat proverb ordinary in Rome, mentioned by Guiccard l. 6. of the Pope, & the Duke Valentynois may be applyed to this man, Hee never did what he ſpake, nor ſeldom ſpake as he meant.credited; hee that will make no conſcience to murther and deſtroy men, and ruine a Nation, will make leſs conſcience of lying and to forſwear himſelf. We may ſay here to Mr. Lilburn in another mans words, ddTeſtimonium tuum quod aliena re leve eſt, hoc contra te grave, &c. Tull.Thine owne teſtimonie which in another Caſe is of ſmall weight, but this againſt thy ſelfe is of GREAT MOMENT.

2. At his Tryall in the Guild-Hall at London, he mentioned a Maxime in Law, repeated ſeveral times in Cokes Inſtitutes, Actus non facit reum, niſi mens ſit rea; It is not the act, but the intention of the mind that declares the guilt.

Obſerve, how his owne mouth condemns him, neither is this without the ſingular eeHere wee may ſee that Treaſon and murder will come to light according to the old proverb, Quicquid nix celet, ſolis calor omne revelat. It is deſired that this may be Engliſhed to Mr. Lilburn, for it much concerns him.providence of God, that a deſign ſo deſperate, dangerous, damnable, p. 60ſhould bee revealed and brought to light, only by his own pen: And no doubt in much mercy to the Nation, as ſeaſonably ffIpſe ſibi nocet is alium qui laedere quaerit.to prevent the ſhedding of much innocent blood, which his malitious heart extreamly thirſted after, as we ſhall prove hereafter.

No marvail therefore that his reſtraint is ggTreaſon is loved, though the Traytor be not.ſo grievous to the Malignants, and ſuch plotting for his liberty, conſidering what his reſolution was, (and to them well known) as to the overthrowing of this preſent Government. The which may ſerve put our State in mind

hhHor. l. 2. Od. 13.Quid quiſque vitet nunquam homini ſatis cautum est.

What daily by us ſhould avoyded be,

We cannot with ſufficient heed foreſee:iiNemo diu lutus eſt, qui periculo proximus eſt.

3. Neither is it to be forgotten, how he did forbear (as he ſaith) to murder the Generall, of an aſſurance which he had to be an inſtrument or Actor himſelf in the reſtauration of our Liberties and Freedom. It is a true ſaying, kkQuae dictu ſunt turpia, ne factu quidem decor puta.Whoſoever is naught in word, we may not think that his actions will be good.

The truth is, we neither deſire, nor expect any ſuch llWe read in Jothams Parable, that the Bramble would be King, and Lilburn ſpeaks often of being Vppermoſt. Now Valer. Maximus, lib. 9. deſcribes ſuch an one as wee might expect him to be, if Vppermoſt. Crudelitatis horridus eſt habitus, truculenta facies, violenti ſpiritus, vox terribilis, ora minis & crudentis imperiisreferta.Inſtruments or Actors; we know the remedy here will be worſe then the diſeaſe: For the mmImpia ſub dulci melle venena latent.Libertie and Freedom which he talks ſo often of, we know what he means, lacte gypſum male mixtum, its to raiſe up new Wars and Commotions under ſuch glozing pretences. But we are by this time too wel acquainted with his projects, as thereby to be deceived. p. 61He hath learnt tunc omnia jure tenetis, cum poteris Rex eſſe; were he once nnMr. Lilburn in Print ſtiles himſelfe John Lilburn, Defender of the Faith. An Allarm to the Houſe of Lords in the Title page: Now ſeeing hee takes a Kingly title to himſelf, why might not John of Leidēs Title be added to it, Iohā nes Rex Novae Hieroſolimae, Rex Iuſtitiae ſuper univerſū Orbem. Iohn, K. of the New Ieruſalem, King of righteouſneſs over the whole world.Johannes Rex, Chief in place and power, what might the Nation expect? we ſhall tell you, ooSaevum praeluſtre fulmē ab arce venit. Again, fulmen eſt, ubi cum poteſtate habitat iracundia.a more cruell oppreſſor and perſecutor (eſpecially of men truly godly) would not be then hee: As the wolves (in the ſtory) would have the ſheep to put away the dogs, that ſo they might the ſooner and eaſier devour them: ſo Mr. Lilburn hath attempted by others, and intended to do it himſelf; namely remove by murder ſuch out of his way, who in a ſpeciall manner do watch over the Engliſh flock, that hee might the more freely and fully deſtroy it.

4. This intended murder of his, confeſſed ſince by himſelf, leads us now (as by the hand) to the ppIn a Booke entituled, L. Coll. I. Lilburn revived, there are ſuch villanous expreſſions (as that he lookes upon the Generall as his grand Enemie, will not fight more againſt great nor ſmall, but againſt him, pag. 18, 19.) that whoſoever ſhall read the ſame, may very well believe that all thoſe ſcandalous Libels which are caſt abroad, are by his occaſion.Author or Inſtrument of thoſe abominable and baſe Libels which are often thrown abroad, as to the inſtigating and ſtirring up of ſome deſperate villain to the Aſſaſſination of the Generall and others in Authority. In former time, no Libel came from Rome, but Parſons preſently was ſuppoſed and noiſed to be the Author; and the more vile, the more Parſon-like: Such an opinion (and not undeſervedly) is now amongſt honeſt men concerning Lilburn; if they heare of a Libel againſt the State, it is generally thought and believed that he is qqWe ſhall here challenge Mr Lilburne and his party; that they cannot produce ſuch rayling, inſolent expreſſions, and baſe language in the Libels of any Seminary or Ieſuite againſt the Engliſh Government at any time, as wee can ordinarily ſhew in their Pamphlets.the Author; and the more ſeditious, treacherous, and barbarous it is, the more Lilburn like, that is, the p. 62more are they perſwaded that the Action is his: As knowing that Parſons the Jeſuite never intended worſe, nor acted more treacherouſly againſt the government then, then this man hath endeavoured by all the meanes and wayes he could deviſe, to deſtroy the Government now eſtabliſhed (we ſay) ever ſince we were a Common-wealth. As Protogenes no ſooner look'd on the line which hee ſaw in his ſhop, made in his abſence, but knew whoſe it was; Apelles hath beene here (ſaith he) for no hand elſe could have drawn it. Even ſo, if a man peruſe the rrMetuebant in me omne: in Eunuch.Libels which are made, he cannot but think, and ſay, Lilburn hath been here, this is his worke; for who but hee would write of ſtabbing, killing, murdering, things ſo in humane and horrible, as no man that is conſcientious and honeſt, would retain a thought of ſuch wickedneſſe, much leſſe boaſtingly and pragmatically (as he doth) expreſſe the ſame, but only ſuch a one, as cares not what evill is committed, ſo it be to the ſatisfying of his malice and luſt.

But 3. Neither hath it been the reſolution of this man, to ſtab and kill particular perſons, but like an other rrMetuebant in me omne: in Eunuch.Gnato, that the world might wonder at him, and be afraid of him, it hath been in his mind to murder and deſtroy a great number of people, ſſIt is worth the noting what this man ſpeaks of himſelf I have the affections of thouſand of MINE HONEST and endeared Friends in England, who I know doe look upon me as a ſingle hearted honeſt, juſt, plain ſpoken Engliſh man, that hath been valiant & couragious for the regaining and preſerving their freedom & liberty; and if I ſhould looſe mine intereſt with my honeſt friends, I were but ſingle John Lilb. nothing at all conſiderable either to be loved or feared. Iohn Lilb. revived, p. 9. See Reader how he is double Io: & terrible Ioh and he muſt be valiant in ſtabbing and killing (at leaſt with his tongue) that hee may not looſe his intereſt with his honeſt Friends.a whole Parliament of men at one time, yea and as ſo many Weaſels and Poulcats. And that the Reader may ſee, wee doe not report any thing of him, but what he hath in the pride of his own heart openly declared, we ſhall ſet down his own words without ſubſtraction or addition.

p. 63In a Letter to the Lord Faixfax (which is extant under his own hand) thus he writes: Truly (Sir) give me leave to tell you without feare or dread, had I come, or could have got ſo many to have followed me, as would have enabled me, with my ſword in my hand, to have done juſtice and execution upon theſe grand treacherous fellowes and Tyrants at Weſtminſter, that have not only tyranniz'd over me, but the whole Nation, I ſhould have made no more ſcruple of conſcience with my owne hand to have deſtroyed them, then to have destroyed ſo many Weaſels and Poulcats.

The power of the Spartan Ephori was very great, but not to kill any man: Neither doth he find any Law for this in Magna Charta, Cokes Inſtitutes, Liberty of Rights. Beſides, he will not allow a Parliament to conſtitute a High Court of Juſtice, as that any man in ſuch a way ſhould be put to death, though never ſo great a Tyrant, Traytor, and Murtherer. Nevertheleſſe (and mark it good Reader) ttIt wa a cunning trick which Themiſtocles was once taught by a man of Lacedemonia; that becauſe they might not take the Tables away, wherein a law was engraven: he ſhould therefore turn them up ſide down, which was as good as to take them away altogether. This is the trick which Mr. Lilburn hath learnt, though he cannnot take the Laws away, yet he can turn them up ſide down for example, if he be a Traytor, yet muſt he be t…yed by 12. men of his own chuſing. If another be an honeſt man (but by him judgd a tyrant) he may kill him, for the Tables are now turnedhe can himſelf without the leaſt ſcruple of conſcience, kill and deſtroy men as ſo many Weaſels and Poulcats, yea and without his honourable Jury of 12. men. This is John Lilburn, The Defender of the Faith, the Great Aſſertor of the Fundamentall Lawes and Liberties of England, A ſufferer for all free Commoners.

After Nero had occaſioned much miſchiefe to the Common-wealth, he wrote to the Senate (like Lilb. when he held a paper in one hand to be ſent to the Speaker, intending with the other hand to kill the p. 64Generall) uuAd Senatum literas miſit, de caede Syllaeplauti que haud confeſſus: vorum uniuſ que turbidum ingenium eſſe, & ſibi in calumn…atem Reip. magna cura huberimo: cunctas ſibi curas amore patriae leviores dicti…ans, vidiſſe civium maeſtos vultus audire ſecretas quaerimonias. Tacit. Annal. lib. 14.Accuſing ſome perſons whom he had murdered, to be turbulent and factious men, and that hee had a marvellous care for the peoples ſafety; yea all the cares were nothing in regard of his love to the Countrey, & that he had ſeen the ſad countenances of the Citizens, heard their ſecret Complaints, &c.

Whether Lilburn had ever ſeen this in Nero, and (aſpis a vipera) learnt it of him we cannot ſay; but as good wits often meet, ſo that Tyrant and this (Chius ad coum) in their bloody deſigne are alike. For had he deſtroyed the perſons, or any of them, (as he moſt wickedly intended) There was a writing to goe forth, wherein (as in Capitall letters) might have been declared thus.

WHEREAS I J: LILB. LIKE NERO HAVE MƲRTHERED SƲCH MEN, IT WAS BECAƲSE I DID NOT LIKE THEM: FOR THEY WOVLD NOT xxMr. Lilburn ſpeaking of a method which he had a long time laid downe, which is to deſtroy Generals, Patricians, Senators, or Parliament-men, as the ancient Romans and Grecians did. He concludes thus; Let my bloody and malicious Adverſaries thanke themſelves in not letting me alone to ſit under mine owne Vine in Peace & quietneſſe. Lilburn revived, p. 10. Now 'tis out: we ever thought that he ſought only himſelf, though many ignorant of his wiles, have been otherwiſe minded.HELPE MEE TO MONEY AND LAND AS I EXPECTED: BESIDE I HAVE HEARD THE SECRET COMPLAINTS OF SOME (AS TREACHEROƲS TO THE STATE AS I AM) WHICH WOVLD HAVE ALL GOVERNMENT AND AVTHORITY TRODEN VNDERUNDER FOOT AS WILLINGLY AS MY SELFE.

Having thus truly laid open Mr. Lilburns yyOf certain turbulent ſpirits it is ſaid, Illis quieta movere magna merces videbatur. Saluſt. They thinke the very diſturbance of things quietly eſtabliſhed, are only ſufficient to ſet them at worke. The former particulars duly conſidered, this ſaying cannot be applyed to any man more truly then to Lilburn.CASE AND CRAFT, we ſhall proceed now to his Tryall. And here we purpoſe to Try his Tryers, to the p. 65end it may appeare to the world how honeſt and conſcientious they were, and what Reaſons there are to continue Juries by 12. men, if the State meane to allow and countenance Treaſon any longer.

Firſt, for the Act declaring Mr. Lilburns Fact to be Treaſon, it was read to the Jurie. The words are as follow.