John Lilb Tried and Cast, Trial · Floating text 4

John Lilb Tried and Cast · Trial · Floating text 4

p. 65AN ACT Of the 14. of May, 1649. declaring what Offences ſhall be adjudged TREASON.

WHereas the Parliament hath aboliſhed the Kingly office in England and Ireland, and in the Dominions and Territories thereunto belonging, and hath reſolved and declared, p. 66that the People ſhall for the future bee governed by its owne Repreſentatives or Nationall meetings in Councel, choſen and intruſted by them for that purpoſe, hath ſetled that Government in the way of a Common-wealth and free State, without King or Houſe of Lords. Be it therefore Enacted by this preſent Parliament, and by the Authority of the ſame, that if any perſon ſhall maliciouſly or adviſedly publiſh by zzNote how all men who have acted by the principles of Reaſon and Nature, have been ever more carefull by ſtrict laws to ſtop the publiſhing of ſeditious books. Thus Plato, Plutarch, and the wiſeſt of the Gentiles in their models and plat-forms of civill Governmē, have always given order that infamous writings ſhould not be permitted, ſuch as aſperſed the Governmēt, & tended to mutiny and factiō but the Authors therof ſeverely puniſhed. Famoſt Libelli, convitia contumelia detractiones, publicae, ſunt a Magiſtratu coercendae, ut pax inter cives maneat, Plato. l. 11. de legibus. So Plutarch, lib. de Civil. adminiſtrat. Neither are there any Chriſtian Stateſ-men but in their Republicks ſay as much: Libellos famoſos, ſive paſquillos magiſtratus ſpargi prohibeat eorū que authores & diſſeminatores graviter coerceat. Ketkerm. Syſtem. Polit. l. 1. c. 22. So our own Statutes: Seldom an Act was ever made concerning Treaſon, but there is mention made of ſcandalous books againſt the State. Anno 1 Edw. 6. Cap. 6. So Anno 8. Edw. 6. Cap. 1. Anno 1 & 2 Ph… … …o. Anno 1 Eliz. c. 6.writing, printing, or openly declaring that the ſayd Government is tyrannicall, uſurped, or unlawfull, or that the Commons in Parliament aſſembled are not the Supream Authority of this Nation, or ſhall plot, contrive, or endeavour to ſtirr up, raiſe Force againſt the preſent Government, or for the ſubverſion or alteration of the ſame, and ſhall declare p. 67the ſame by any open deed, that then every ſuch offence ſhall be taken, deemed, and adiudged by this preſent Parliament to be high Treaſon. And whereas the Keepers of the Liberty of England, and the Councell of State conſtituted, and to be from time to time conſtituted by authority of Parliament, are to be under the ſaid Repreſentatives in Parl. entruſted for the maintenance of the ſaid Government with ſeveral powers and authorities limited, given and appointed unto them by the Parl. Be it likewiſe Enacted by the Authority aforeſaid, that if any perſon ſhall maliciouſly and adviſedly plot, or endeavor the ſubverſion of the ſaid Keepers of the Liberty of England, or the aaHow hee had denied the lawfulneſs of their Authority, & thrown ſcorne and contempt upon them is well known. Qui peccantur coram omnibus, coram omnibus corripienda ſunt ut omnes timent. Aug. de verbis domin.Councell of State, and the ſame ſhall declare by any open deed, or ſhall move any perſon or perſons for the doing thereof, or ſtir up the people to riſe againſt them, or either of their Authorites, that then every ſuch offence and offences ſhal be taken, deemed, and declared to be High Treaſon.

p. 68And whereas the Parliament for their … and lawfull defence, have raiſed …d levyed the Army and Forces under the Command of Thomas, Lord Fairfax, …d are at preſent neceſſitated by reaſon … the manifold diſtractions within this …ommon-wealth, and invaſions threat…d from abroad, to continue the ſame, which under God muſt be the inſtrumental means of preſerving the wel-affected people of this Nation in peace & ſafety. Be it further Enacted by the Authority aforeſaid; that if any perſon, not being an Officer, Souldier or member of the Army, ſhall … to …ch h…ld of any to … with their …ill, they will bite and pull ſo hard to have it, that many times they break their owne necks withall, before they leave their hold. Never man pluckt harder then this man, in plotting, contriving, and endeavouring to ſtir up mutiny in the Armie. So that if this place of the Act had been duly proſecuted, he had broken his neck for his …plot, contrive, or endeavour to ſtirre up any m…tiny in the ſaid Army, or with-draw any Souldiers or Officers from their obedience to their ſuperiour Officers, or from the preſent Government as aforeſaid; or ſhall procure, invite ayde, or asſiſt any Forreigners or Strangers to invade England, or Ireland, or ſhall adhere to any Forces rayſed by the Enemies of the Parliament, or Common-wealth, or p. 69Keepers of the Liberty of England. Or if any perſon ſhall counterfeit the great Seale of England (for the time being) uſed and appointed by Authority of Parl. That then every ſuch offence and offences ſhall be taken, deemed, and declared by authority of this …arl. to bee High Treaſon: And every ſuch perſon ſhall ſuffer pain of Death, and alſo forfeit unto the Keepers of the Liberty of England, to and for the uſe of the Common-wealth, all and ſingular his and their Lands, Tenements, and Hereditaments, Goods and Chattels, as in caſe of High Treaſon hath been uſed by the Lawes and Statutes of this Land, to be forfeit and loſt, provided always that no perſons ſhall be indicted and arraigned for any of the offences mentioned in this Act, unleſſe ſuch offenders ſhall be indicted or proſecuted for the ſame within one yeare after the offence committed.

p. 70We ſhall not here take in the whole buſineſſe, which (as ccNamely in a book entituled, The tryall of Liuet. Coll: John Lilburn, which he well approves of, and is willing the world ſhould ſee.publiſhed) is an homaeologia, one thing ſaid often over and over: but in ſhort this wee ſay, That the Witneſſes and Proofes produced on the Common-wealths behalfe, were full and legall againſt Lieutenant Colonel John Lilburn in point of Treaſon: And thus we prove it.

1. Howſoever the Statutes which he repeated, ſay, That no man ſhall be condemned for Treaſon, petty Treaſon, or any ſuch like crime, but by the evident and clear proofe of two lawfull and ſufficient Witneſſes. Yet the ſame Statutes do likewiſe ſay, If the offender himſelfe confeſſe the Fact, it is as much as two, yea as tenn Witneſſes: And this was Mr. Lilb. Caſe: TREASON CONFEST: Thine owne mouth (ſaith Eliphaz to Job) condemneth thee, and not I: yea thine own lips teſtifie against thee. For the Objection which hee made, that there was no man there to ſwear it was his hand; It was the vaineſt and abſurdeſt ſhift that could be devis'd: What need was there for the Councell of the Common-wealth to prove that, which proved it ſelf, or was ddCoke ſaith (we ſhall ſet down his own words) Cardinall Pool, albeit he was a Subject to Henry 8. and of the Kings blood (being deſcended from George Duke of Clarence) brother to King Edw. 4.) yet he in his booke of the Supremacy of the Pope written about 27. H. 8. incited Charls the Emperour then preparing againſt the Turk, to bend his force againſt his Soveraign Lord and Countrey: the WRITING OF WHICH BOOKE WAS A SƲFFICIENT OVER ACT WITHIN THIS STATƲTE. Note, that the State needed no more proofe to charge him with Treaſon, then finding his name at that Booke, as the Author: It was now for him to make his defence: here was Teſtimony on the Kings part enough, unleſſe he could quit himſelfe of the charge.it ſelf a proofe. His name and hand was at the Treaſon, ſo that it lay now upon him to make his defence to it. A mans owne hand to a Writing, yea if it be his name at a printed booke, as the Author, it makes the thing to be underſtood (whether good or bad) properly & truly p. 71his. For to this end are hands and names ſubſcribed, as to ſpeak out, a mans propriety, and what he owns: Neither is it neceſſary as to the certainty and truth of the thing, that there be any other proof or witneſſe.

If it be objected, that a mans hand may be counterfeited, and his name ſet to a Book, as the Author, whereas its neither ſo, nor ſo.

We anſwer; here Reaſon, Juſtice, and Conſcience hath provided a good Remedie, viz. by declaring that it is not his, w^ch ought in ſuch a caſe to be admitted, nothing appearing or proved to the contrary. But for a man to ſet his name, and hand to a thing, and being afterward queſtioned for it, then to call for Witneſſes to prove that the name or hand is his, it is moſt ridiculous, the thing it ſelfe being proofe and eeWe grant that by law a man is not to accuſe himſelf: that is, where no offēce appears, there he is not bound to be witneſſe againſt himſelf. But a mans name to a Book as the Author, is certainly a Witneſſe: (And note it) we ſay a witneſſe either true or falſe: ſo that a man is bound in this caſe to anſwer as to a witneſſe, or rather witneſſes. Neither doth he here accuſe himſelf, but either clears himſelf of a falſe Accuſation, or fals under a legall and valid proof.witneſſe enough (as was ſaid) unleſſe he now can ſhew reaſon to the contrary.

We obſerved before, how Mr. Lilburn without the least ſcruple of conſcience, could have deſtroyed ſome men as ſo many Weaſels and Poulcats. In this our Conſcience hangs not ſo looſe as his; For wee deſire to walk according to the rules of Reaſon and Juſtice. But ſhould there be ſeditious Pamphlets and Papers diſperſed abroad, full of Treaſon, and tending to the ruine of the Common-wealth, with ffSome thought, that beauſe hee uſed to vaunt of his gallantry, that hee would have ſcorn'd to have ſaid, I doe not owne a jot, a line, a word, or ſyllable of any of them. But rather would have ſaid its mine, and I will prove every jot, line, word, &c.John Lilburns name to them, as the Author; truly in ſuch a caſe were we either his Judges, or of his Jury, and p. 72had him, and thoſe ſcandalous books before us, we could (without the leaſt ſcruple of conſcience) think him worthy to be put to death: in finding his hand and name at the Treaſon (which wee take for confeſſion) he not denying it, but ggNote Reader, how Mr. Lilburn is proved a Traytor by Cokes Inſtitutes, whom he ſo much extolleth: he expreſly ſaith, where the party doth confeſs his offence, or is mute (as Lilburn was) he ſhall have Judgment as in caſe of high Treaſon. Inſtit. l. 3. c. 1. p. 14.ſtanding mute, onelyonly calling for Witneſſes to ſwear the ſame to be his, whereas the Act it ſelfe was proof and witneſſe enough. The law ſaith hhConfeſſio ſuperat omne probationis genus. Bar. in l. Si Confeſſus de Cuſt: Rerum.Confeſſion is beyond all other kinde of proofe.

Among other Inſolencies of the Jewes done to Chriſt, it is ſaid iiLuk. 22.64.Luke 22:64when they had blind-folded him, they ſtrook him on the face, and asked him, ſaying, propheſie, who is he that ſmote thee? Juſt ſo would Lilburn ſerve the Parliament, and Army, having kkNote how he brags of this himſelf: I gave them (ſaith he) ſuch a cuffe under their other ear, as I believe they will never throughly ſhake off the ſmart and pain of it whilſt Cromwels beaſtly & moſt groſſe abominable tyranny laſteth. As you were, page 4.ſmitten them with his venomous tongue, then hee asketh who did it? who call'd you Tyrants, Traytors, Murtherers, Ʋſurpers? now here they muſt not ſay it was Lilburn, for he hath blind-folded them, as how? with Magna Charta, Cokes Inſtitutes, Littleton, Plowden, &c. All which as hee hath cited them and applyed them, were as a hood or vaile caſt over the face, whereby a Traytor (as unſeen) might thereby eſcape without juſt and condign puniſhment.

2. Neither alone was his name and hand ſet to the Treaſon, as to be the Author; but it was likewiſe proved by ſeverall, legall and ſufficient Witneſſes: that Mr. Lilburn delivering a book with his owne hand to Mr. Pridiaux, Attorney-Generall, Entituled A preparative to a Hue and Cry after Sir Arthur Haſlerig, told him at the ſame time: that the Booke was his, and he would owne it, and ſo much hee ſpake in the hearing of Coll: Weſt, James Nutley, and Edward Radney, all which upon oath teſtified ſo much at p. 73his Tryall. Beſide, Mr. Lilburn hath ſince in another Book openly declar'd it: That Booke (ſaith he) was proved at my Tryall to be mine, ſaving the Printers Errataes, which are many, called a Preparative to a Hue and Cry after Sir Arthur Haſlerig.

Now in this Book which he owned, & acknowledged himſelfe the Author, the whole Treaſon whereof he was accuſed, and laid to his charge, is there maliciouſly or adviſedly publiſhed, by writing and printing, &c.

For 1. there he expreſly ſaith, mmThere is a great myſtery in M. Lilburns words; we may not call it a Contradiction, becauſe poſſibly like the Ʋrchin he hath two holes, or like the old Oracles, can ſpeak double. In his Letter to Mr. Kiffin, p. 7. thus hee writes; I have in all quietneſs both publiquely and privately walked in all quietneſſe and uprightneſſe towards the Gen. and Parliament, ſince I owned their Authority, and neither directly nor indirectly medled with them, to give them the leaſt offence, or to occaſion in them the leſt cauſe of jealouſie of me, of endeavoring to undermine their power and authority. If there were no Parl. ſince the Kings head was taken off, whē did this man own their Authority? or when was it that he was ſo quiet. This is ſo deep & inextricable a riddle to unfold, that we muſt confeſs our ſelves here Davus, not Oedipus.THAT THOSE MEN WHO SIT AT WESTMINSTER ARE NO PARLIAMENT, either upon the principles of Law or Reaſon, pag. 2. An illegall thing, pag. 4. A Juncto, or pretended Houſe of Commons, p. 16.

Again, in the ſame Book he confeſſeth himſelf to be the Author of the Impeachment of high Treaſon againſt Oliver Cromwel, and Henrie Ireton, Eſquires, pag. 2, 3. 14, 15. 21. 24. So the Author of another Book called the Picture of the Councell of State, pag. 3. 24. Beſides, the Author of that falſe, ſeditious, and moſt ſcandalous Pamphlet called The legall and fundamentall liberties of the people of England, revived, aſſerted, and vindicated, p. 4. 26. 30. 36. In all which nnSee Cokes Inſtitutes, the third part, Cap. 1. p. 14. where Card: Poole is ſaid to be a Traytor for writing a ſeditious Book. So the fourth part of the Inſtitutes, Cap. 26. Brooks Treaſon for writing of Letters.Books confeſt by himſelf to be the Author, there is as much Treaſon publiſhed, as was ever by any Traytor either ſpoken or written againſt any Civill Government.

p. 74It is reported that in Athens the Judges were wont to ſit in a dark place, that ſo they might not ſee, neither friend or foe that came to them for Juſtice. We cannot ſay thus (and ſpeake the truth of Mr. Lilburns Jurie) who were ſo ooTheſe never read it ſeems that Law w^ch ſaith, the highſter ſupreameſt upon earth cannot pardon or free the guilty of the puniſhment due to him A de Le: l. Non minus.impartial, illegal, unjuſt, as that they walked not by any rules, either of law, juſtice, or conſcience.

For 1. Whereas the Act of Parliament had judg'd it to be Treaſon, if any perſon ſhould maliciouſly or adviſedly publiſh by writing, printing, or otherwiſe openly declaring that the ſaid Government is tyrannicall, uſurped, or unlawfull; All which moſt evidently hee had done.

Againe, whereas Mr. Lilburn deſired the Jury to take notice that no man was to be condemned for Treaſon, petti. Treaſon, or any ſuch like Crime, but by the Evidence and cleare proof of two ſufficient Witneſſes. Here now were ppWe know not how this Jury can quit themſelves from palpable injuſtice, unleſſe they ſay as the Rulers of the Jews taught the Souldiers, whilſt they ſlept Lilburn was ſtollen away.two Witneſſes (yea more) who upon oath atteſted, they heard him confeſſe, that he was Author of the aforeſaid Book (and ſo conſequently of the others) wherein moſt unparalleld Treaſon was maliciouſly or adviſedly written, printed and publiſhed by him, againſt the Parliament, Generall, and Army, tending to the utter overthrow of the Common-wealth.

One thing more we deſire the Reader to obſerve (which ſhall remain upon qqIt is reported of a Perſian King, that being diſcontēted, he might not do ſomething which was againſt the Law; hee was told by another, that they had a cuſtome their King might do what he would. This Jury tooke ſome ſuch kind of liberty, finding no Law, they preſumed they might do what they would.Record to the perpetuall diſhonour and ſhame of that Jurie) whereas in his anſwers to other witneſſes (as Newcome, Tooke, Lewis, Skinner, Dafforn, &c.) he had many artificiall ſhifts, as to evade the weight of their Teſtimonie: p. 75but here he hath rrHere M. Lilburn ſhewed himſelf to be one of Antonies Schollers, mentioned in Tullie, who wiſheth men, if they be troubled about a hard queſtion, to ſay nothing to it. Cic. de Orat. l. 2.not one word to ſay for himſelfe, though a thing wherein he was moſt concern'd: And no marvail, for he ſaw well enough, that Cokes Inſtitutes, Littleton, and other Law-bookes were here againſt him, condemned him, and as a convict Traytor by Law left him to Juſtice.

3. As for the Evidence which was brought in againſt him by Colonell Weſt Lieutenant of the Tower, it was ſo full and home, that had not his twelve men reſolved (perfas pernef…s) right or wrong, to have waved the principles of Reaſon, Law and Juſtice, they muſt of neceſſity here, have found him guilty. The ſſNote, that in giving this title to his Pamphlet, his meaning ſeemed to be thus: that he would accuſe and lay aſperſions upon men behind their backs; & if he ſhould be cal'd to prove what he ſaid or written, then he would not own it, nor anſwer to it, a true character of a back biter.Salva Libertate (as he cal'd it) was delivered to the Lieutenant by Lilburn himſelf, the Original (written with his own hand, to which he had himſelf ſet his name) was produced in open Court. In which paper he ſaith, The preſent Government is uſurped, unlawfull, tyrannicall, a mock-power, a company of Theeves, Robbers, Tyrants, men of blood, deſtroyers of all Lawes, Liberties, &c. That this was Treaſon by Act of Parliament, is without diſpute. But now for his Anſwer.

1. I will ttIf you will not look upon what you have done, yet looke upon what a Heathen ſaith, Dij odere omne nefas animo moventes. Hor. l. 3 Od. 4. God hates with juſt diſpleaſure ſuch as ſtrive, in cankered hearts black miſchief to contrive.looke (ſaith he) upon none of your papers, I am too old with ſuch ſimple uuIt ſeemes he is no tame bird, but ut noctuae aves mauſpiccatae noctu gementes (nam haec illis vox eſt) mortalium invident quieti. Ita virulentia linguae ſemper aliud ſpargit quo concordiam hominum diſturbet. Plin. l. 11. c. 25.gins to be catcht.

2. It is but a ſingle Teſtimonie.

3. The Lieutenant is my Adverſay.

p. 764. I thinke the Tower is not within the juriſdiction of the Citie of London.

Here that ſaying is made good, fallacia alia aliam tradit, one falſhood or ſubtlety brings in another. But to reply: Though Mr. Lilburn will not look upon the Treaſon which he hath committed, nevertheleſſe the Jurie for their Oath-ſake ſhould have taken it into conſideration; yea, and ſeeing it was as clear as the Sunn at noon-day, that it was his handy worke, xxJuſtitia omnium eſt domina & Regina virtuum, ſine qua ne Jupiter quidem Principem agere poteſt.they ought to have proceeded againſt him for it accordingly.

Again, for his ſaying it was a ſingle Testimonie, we ſay, ſine capite fabula, here is a meer cheat. For what clearer and fuller Evidence can be brought into any Court of Juſtice, whereby to caſt a man in his caſe, then when an Originall writing, with his owne name to it (ſubſcribed by himſelfe) is produced againſt him to his face. To ſay then he will not looke upon it, its fooliſh and idle, neither doth it helpe him any way in the leaſt: For as Coke ſaith, ſtanding mute (but theſe words Lilburn did not read to his Jurie) hee ſhall have Judgement as in caſe of High Treaſon.

Beſides, here were more Witneſſes then one; for what was ſhewed under Lilburns own hand, was by another under oath affirmed to be his, as being delivered by Lilburn himſelfe to the Lieutenant, telling him it was his, and he did own it.

What Alcibiades ſaid of the Athenians, may very well be applyed to this Jurie: You take things from other men not by tryall, but by truſt, and doe them rather of yySo that here that old verſe was verified, in Roma vale piu la putana Ch…la moglie Romana. In Rome the Harlot hath a better life, then ſhe that is a Romans honeſt wife. No doubt this Jury who quitted Lilb…rn from Treaſon, had they been in power and place, would have condemned an honeſt man for his faithfulneſs to the State.affection and will, then out of any ſure knowledge you have of the truth of them.

p. 77For the reſt of his Anſwer, as calling the Lieutenant his profeſſed Adverſarie, & deſiring that he might be called off from the Bench: that hee had an action againſt him depending before the Judges at the Kings Bench, &c. So, whether the Tower be not in Middleſex. As theſe things are not capable of anſwer, ſo we let them paſſe. Only it is worth the obſerving, how Mr. Lilburn here, and ſo in the reſt of his anſwer, deales with his Jurie, like the Clapwing or Plover, who to put a man out of his way, flies before him, clapping her wings, and making a continuall noiſe of purpoſe that he may not find out her neſt. So he uſeth many words, ſometime commending himſelf, other while aſperſing others, but nothing proper or pertinent to the matter. And to this end, namely, That the Treaſon which hee had hatch'd againſt the State (as chickens of the Cockatrice eggs) might not diſcovered.

4. For the other Witneſſes, as Newcome, Tooke, Lewis, Skinner, Daffern, &c. By all theſe the Treaſon whereof he was accuſed, was manifeſtly proved againſt him: As the Lord Keeble at the ſame time well and truly declared: For proof (ſaith he) zzThe words of the Statute Anno 13 Eliz. cap. 1. are: No perſon or perſons ſhall be hereafter arraigned for any of the offence or offences, unleſſe the ſame be proved by the Teſtimony, depoſition, and Oath of two lawfull & ſufficient Witneſſes. It is true, by the words of the Stat. two Witneſſes are required: but it it is not ſaid that to every particular act of Treaſon there muſt be two Witneſſes.ſingle, or double, or treble, as ſome of them doe amount unto as witneſſe in this, yea that doubles another mans witneſs: If I ſwear this thing, and another ſwear the ſame, and a third the ſame, that is double upon all their Teſtimonies.

Again, ſpeaking to the aaQuerie, whether the Jury knew the Law better then the Preſident: if ſo, how it doth appear.Jurie, You are not bound affirmatively to have two Witneſſes, but one witneſſe with circumſtances concerning that is ſufficient; that which ſhould prevail with you, is to conſider the ſtrength of the Accuſation. And a little after; I doe not know in one particular that there is a Teſtimonie ſingle, but it is aggravated p. 78with many circumſtances. And what he then ſpake, was moſt true, namely that the perſons againſt whom Lilburn objected (as to be ſingle Witneſſes) they were as to the matter of fact, or Treaſon layd to his charge double, yea treble witneſſes in bbQuerie, If a Judg in giving directiō & light to a Jurie, ſhewes them what the Law is in ſuch a Caſe, and they notwithſtanding (regarding neither Law nor Reaſon) do only what is ſuitable to their luſt and will. Whether the ſupreame power that is above them may not Null ſuch an unrighteous action, & juſtly puniſh the wicked doers.Law. Neither could hee produce any thing out of Coke, Littleton, or any other, where five or ſix witneſſing one Treaſon, in ſeverall places committed, but they are (not ſingle) but joynt witneſſes, legally and formally, though but one preſent at a time.

A man is eaſily perſwaded to do that thing which he purpoſeth and hath a mind to doe. That the Jury without examining the Fact, or conſidering the Witneſſes, were reſolved not to find him ccSo that it is apparēt theſe men either knew not, or believed not that ſaying Victima haud ulla amplior poteſt, magiſ que optima martari Jovi, quam homo iniquus.guilty, it is as clear as the light; for what Lilburn quoted out of Books, was ſo falſly applyed, as that every man which hath but common ſenſe may ſee it.

5. If we ſhould goe over the particular Exceptions in his anſwer, which hee took up againſt the Witneſſes, this would very much aggravate the injuſtice (to ſay no worſe) of the Jurie, that they ſhould be led aſide from the rules of Juſtice and Equity, contained in the Morall Law of God and nature, or ſound naturall reaſon, and that only by ddAs a Child will let goe a pearle, if you put a Bable into his hand: ſo theſe men were centented for Lilburns toyes and trifles to give up Law, Reaſon, and Juſtice.wind and empty words. To ſpeak of ſome particulars which may ſeeme to have moſt ſhew of Reaſon.

1. Concerning the Errataes mentioned by him, what had the Jurie here to doe with them; the Law ſaith eeL: qui habebat Ad: Man: Teſt. D…ctr.Error in ſylliba non vitiat Actum, miſtakes in ſyllables excuſe not Treaſon. This buſineſſe lay p. 79betweene him and the Printer; and if there were more Treaſon publiſhed in the Booke, then was in his ffQuerie, how the Jurie could be ſatiſfied that there were any Errataes in the book, for hee was but a ſingle Teſtimonie in this caſe.Copie, he might (if he would) have charged the Printer with it.

But 2. who could better tell then he, what thoſe ggIf ſome men ſhould have made an Errata to that Book, they would have advertiſed the Reader, inſtead of Sir Arthur Haſlerig, that he ſhould read Lieut: Col: J: Lilb. a wi… bloody, and tyrannical perſon, who by ſeverall wayes hath attempted to murder, and by baſe plots, conſpiracies, and falſe witneſſe to take away the life of the Gen. and others. If i… had been thus corrected, other things would have been tolerable, and more true.Errataes were, and of what conſequence as to the altering of the ſenſe, and therefore as it concern'd him, and no man elſe to looke after that, ſo it was a moſt abſurd and idle Exception.

2. As ridiculous is that which he ſpeaks of his Books: For any thing (ſaith hee) the Jury knows they may be poſt dated, that is, made and written before ever the Acts they are ſaid to tranſgreſſe had a being. O wit! ſurely the man knew, he had a Jurie for his own turn, or otherwiſe would not have ſpoken ſo vainly: For

1. The Books (prov'd to be given forth with his owne hands) witneſſed otherwiſe, as to the date or time.

2. If ſuch a thing had been ſo, yet it would no way have help'd him, unles he could have prov'd it.

3. A Jurie is not to enquire after Iffs and Maybees, but to look on the preſent Charge, and what evidence and proofe for it. Quae ſupra nos nihil ad nos; and Auguſtine adviſerh well: hhMelius eſt dubitare, de occulis quam litegare de incertis, l. 8. c. 2. de Trinit.It is better to doubt of ſecret things, then to ſtrive for uncertain things.

3. Neither is that leſſe froath and vanity, where he ſaith, what he ſwears (meaning Thomas Dafforn) is to a fact done in another County, and therefore his Teſtimonie is not worth a ſtraw, its gone: Its invalid in Law, it ſignifies iiIn ſome Countreys their money doth not paſſe by weight or worth, but according to the tale or number of the pieces. Its probable he thought the Jury only minded the manys word he ſpake, and not the worth or weight of them.nothing, its not ſo good as a Spiders webb: p. 80By vertue of which the Marſhals Testimonie, and the Governours of Warwick Castle, and alſo Colonel Purfroyes need no other anſwer from me, but to pitty them for their long journey they have made to no purpoſe. It is truly ſaid (and fulfilled here) kkforeign. Eurip.A bad tongue tells wonderfull ſtrange things. But did the man ſpeak as hee thought? or rather remembring the proverb, The ſimple believeth every thing, hee made account it was no matter what he ſaid to the Jurie. If a man have committed Treaſon, in ten or twenty ſeverall Counties; ſay in England, Scotland, and Ireland, muſt he be ſent to every County and Country, and there be arraignd for each particular Treaſon, as in reference to the ſeverall places where each fact was don? We need not enlarge here, hee knew well enough when he ſpake theſe words, that both the llHe deals not unlike thoſe wicked ſpirits (commonly called Faries) who ſteal…ng the true child out of the cradle, doe convey (or ſuppoſe) & place inſtead thereof ſome Chāgling of their own. So what is Juſtice, law, and Reaſon, that he ſteals away, and gives the Jury a Changeling of his own, as ſomtime ſelf-praiſe, otherwhile clāours and high words, & this contents them, as if it were the true Child.Law and continual practice of the Nation was againſt him.

It is reported of one Oramazes, that he had an enchanted Egg, in which (as he boaſted himſelf) hee had encloſed all the happineſſe of the world, but being broken, nothing was found in it, ſaving wind. Mr. Lilburns head is like ſuch an Egg, in his conceit (and ſome others too) there is incloſed in it, all Law and Reaſon: but the truth is, upon tryall it doth mmLike the ruine of Babel, at a diſtance (they ſay) it ſeemes great and high; but when a man comes neare it, it appears not ſo: So Lilburns Anſwer a great way off (not being enquir'd into) may be thought to have Reaſon and Law in it: but come to a ſtrict examination, you ſhall find it vexnil praeter, as it is ſaid of the Nightingale, Talk and nothing elſe. A Diſdiapaſon, or ill favoured coupling of things together.appear, that it is little elſe, then winde and emptineſſe; a multitude of words, but nothing juditious, ſolid, or pertinent.

Wee have now diſpatcht the Jurie, & upon the whole ſhall only give the Reader this Obſervation. p. 81Thoſe that look on a Jugler doing his feats, or playing Hocus Pocus, do admire at the ſights they ſ…e, as thinking the ſame almoſt impoſſible to be done. Whereas indeed, if they knew the way, it is facile and eaſie, a very ſlight trick, and no other then what any other, even a child may do. It is a nnSo are all conſpiracies myſterious at firſt: but as light brought into a roome, makes obvious and clear ſuch things as were not ſeen before: ſo this here as a cādle will let us ſee Mr. Lilburns Cabinet Councell.myſterie, and a Riddle to many, how Mr. Lilburn, Arraigned for Treaſon, appearing before ſo many Judges, Juſtices, Sergeants at Law, &c. The charge brought in againſt him being of ſuch high concernment, and ſo clearly proved, ſhould notwithſtanding (for all this) be quitted, and not found guilty. Is not this mirum? if not miraculum? a wonder, a wonderfull wonder? But ſtay; its a very ooParturiunt montes, naſcitur ridiculus. M…s.ſlight Tricke, and eaſie to be done, if known: As how? why thus it is; Before hee comes to Tryall, he gets the names of ſuch men as are warned in to be of his Jurie, and out of theſe (ſuppoſe thirty or forty) he chooſeth twelve, all known to him to be as ill affected as himſelfe to the preſent Government, and ſuch as are reſolv'd to cleare him ppPoets ſaign that Hercules brought help to the gods againſt the Giants, & therefore was honoured. Mr. Lilb. cal'd his 12 men, the honourable Jurie. Could he doe leſſe then honour them, who had ayded him aganſt Law and Juſtice?in ſpight of Law, Juſtice, Judges, Proofe, and Witneſſes. Thus we ſee to qqMalum faciliter eſſe, & bonum deficile eſt. Ariſt. l. 2. Nicoma…h.doe evill is no difficult thing, and rrAd prave agendum parva ſatis occaſio eſt. Meander.a ſmall occaſion here will ſerve. Neither ſhall he ſſMale facere qui vult, nuſquam non cauſam invenit. Publ. Syrus.miſſe the way and means to effect it, if he ſeek it.

Mr. Lilburn thus quitted (in the way and manner related) now we are to follow him in his Actions, after his enlargement: And here wee finde him not long after, A GRAND INFORMER, or Solicitor, attending the Committees, pleading in all Cauſes, where hee might have any advantage thereby. Yea ſo ſcandalous and corrupt was his practice this way, as ſome of his owne party were aſham'd p. 82of it, and reprov'd him for it, often to his face.

It is not unknown to many, ttThus hee blames Mr. Prudiaux Attorn: Gen: for pleading all manner of Caſes, & tak…ng large Fees. Le…er to the General, p. 2.how vehemently formerly hee had cryed out againſt the Lawyers, for their covetouſneſſe and corruption, in taking large Fees, and entertaining bad Cauſes: Now in this, few before ever went beyond him, either in reſpect of the one or other: Inſomuch, what the King of France ſaid of the Trent Fathers, They would pare the nails of Kings, and let their owne grow: So it might (and as truly) be ſaid of him, he would uuMr. Lilburn here ſhould have remembred that ſaying of the Apoſtle, Rom. 2.1. Therefore thou art inexcuſable O man, that judgeſt; for wherein thou judgeſt another, thou condemneſt thy ſelfe, for thou that judgeſt doſt the ſame thing.Rom 2:1cut the Lawyers ſhort in their Takings, and blame them for undertaking wrongfull and unrighteous ſuits; but when it came to his own practice, he was more criminall and fowl in the ſame particulars then they; xxEſt enim proprium ſtultiae a…orum vitia …ernere, obliviſci ſuorum. Tul. de Offic. l. 3.forgetting

Turpe eſt doctori, cum culpa redarguit ipſum.

Ʋnto a Teacher its no ſmall diſgrace,

When his own faults, reprove him to his face.

In the Apologue, the Countrey-man ſhuts his Catt into the Cupboard to keep his Cheeſe: Now the Catt being there, devours both the Mice and Cheeſe too. Many thought, becauſe Mr. Lilburn had ſpoken ſo bitterly againſt the yyIt is a witty ſtory of the Schol-maſter: a Schollar taking up a fig in the ſtreet, the Mr. ſeeing it, was angry with him for it, and bids him throw it away, for it was rotten and naught, the which the boy no ſooner did, but the Maſter ranne after it, tooke it up, and eare it all up. It ſeems Mr. Lilburn had a minde to the Lawyers Figg, in being ſo angry with them, to have them caſt it away, and afterward to take it up, and eate it himſelfe.Lawyers, that hee would have p. 83pleaded gratis for his Clyents, or taken little of them; but when they had made tryall, they ſoone perceived, that from the Cup-board, hee was cr…pt into their purſes, and ſought, as to devour the Mice, ſo the Cheeſe, the Lawyers, their money, and eſtates too.

Now howſoever for a while, hee made this his Trade, to get what he could by pleading at the Committees. Nevertheleſſe, having been ſo long vers'd in nationall Tumults and Diſturbances, he was here, as a Fiſh out of the water, untill he had his hand again, in ſome publick commotions.

About this time there was a dangerous Inſurrection, & horrible Riots committed in the North, with ſuch (as malum malo) he cloſeth, it being a buſineſs moſt proper to his Genius, zzMaxima eſt vis vetuſtatis & conſuetudinis.former practice and experience: And howſoever he is not the firſt in the mutinies, yet being once in, who but he, as to head the Faction, for the effectual carrying on of that deſperate deſigne.

As wee have not hitherto ſet down any thing of his miſcarriages, but with care ſtill to the aaMulia ſuavius eſt vera dicere, quam audere. Go…dis & auris, mentis & ſinguae, rationis & oraetionis harmonia ſuaviſſima.truth: ſo we ſhall here make a true relation, as the whole buſineſſe hath been given in to the Parliament and Councell of State under Oath, by many faithfull and eye-witneſſes: The ſum (as we have taken it from the Originall) is thus.

At the expence of bbIn former time men have been greatly honored & encouraged for being inſtruments of bettering & improving the earth, and no doubt, had this been his own caſe, he would have thought ſo to.175046 l. or therabouts, there was drained or laid dry 160000 Acres of Land, lying contiguous, within the Counties of Yorke, Lincoln, and Nottingham, not worth before 3 s. & 4 d. an Acre, one with another, the which was made worth ſome ten, other twelve, yea ſome twenty ſhillings p. 84an Acre. In the Mannor of Epworth the aaNote that we call them ſo here, in regard this narrative with a Petition was preſented to the State.Petitioners had been in quiet poſſeſſion of 7400 Acres for the ſpace of ten years, untill the year 1642.

Now in June, 1642. many perſons (whoſe names are in the Originall) in a tumultuous manner came into the Levell, within the Mannor of Epworth, and there bbThe Levellers will have no man to call any thing his, for its tyrannie that a man ſhould have any proper land, particular propriety is devilliſh, the myſterie of Aegyptian bondage, a deſtroyer of the Creation, a lifter up of the proud covetous fleſh, a bringer in of the curſe again, a mortall enemy to the ſpirit, & that w^ch hath brought in all miſerie to the Creature. New light of righteouſneſs, pa. 65. 58.broke down the Fences, and deſtroyed about 160 Acres of growing Corn and Rape, and others joyning with thoſe, continued rioting together from day to day, till they had laid waſt about 4000 acres of the drained land, and pulled down ſeverall houſes ſtanding thereon.

Others afterward, ſeverall dayes (during the flowing of the Spring-tide) violently forced open a Sewer, called Snow-Sewer, planted upon the River of Trent, purpoſely to let in the waters; the which courſe they continued, till they had ccThis is according to the principles of the right Levellers. We declare and proteſt (ſay they) againſt all Incloſures of Fenns, Forreſts, Fields, Moores, Heaths, Parkes, Chaſes, which have beene taken from the poore of the Land, wee are reſolved to do our utmoſt to reſtore them againe for the good and benefit of the poore. A declaration of the Commoners of England.drowned 8000. Acres of ddHere the Levellers went beſide their Doctrine; they ſay, When a man hath need of any Corn he is to take the ſame from the next Store-houſe he meets with. New light of Righteouſneſie, p. 47. But we do not remember there is any thing ſayd for drowning or burning of Corne: this probably is Mr. Lilburns doctrine alone.Corn and Rape then growing, and and the Corn-ſtacks generally halfe way, with the greateſt part of mens houſes and habitations, by the ſpace of ten weekes. Now upon complaint to the Committee of Lincoln, order was given to open the Sluce, and let out the water: but divers people with Muſquets and Pikes defended the doors, and peremptorily refuſed to yield any obedience thereto.

p. 85Again in the yeare 1647. upon a Bill depending in the Exchequer by the Petitioners, ſeverall Orders were made for re-eſtabliſhing the poſſeſſion with the Petitioners, and order given to the Sheriff to aſſiſt them. But Daniel Noddel an Attorney, with others came upon the place, armed with ſwords and muſkets to reſiſt, whereby thoſe Orders were altother fruitleſſe.

The Petitioners being kept thus ſtill out of their poſſeſſions, bring their Bill at length to a further hearing; At which time the ſaid Daniel Noddell the Solicitor, had gotten to his aſſiſtance Mr. Lilburn and Major John Wildman: But whilſt the Caſe was in hearing, the Inhabitants began to riot on **It is a queſtion among the Papiſts, whether a Prieſt may diſpenſe with the traditions of the church & give diſpē ſations as the Pope doth: It is reſolved in the negative; notwithſtanding he may interpret any Order or Canon as to bee the Popes mind which is as effectuall. This liberty wee muſt grāt Mr. Lilburne; though hee cānot diſpēſe with the law, yet the ſence of it lies in his breaſt, and hee can make it ſpeak what he pleaſeth.3400. acres which were kept up before. When ſome certaine fiſh appear at Sea, it is a ſymptome among Mariners of a ſtorme ſuddenly to ariſe: Mr. Lilburn being now among the Rioting Levellers, there was nothing to be expected but Tumults, and Inſurrections one after another; and no doubt, all committed by his advice and inſtigation. But to proceed.

Upon complaint to the Court of Exchequer, there was ſent to the Sheriff an Injunction, and writ of aſſiſtſtance, to quiet the Poſſeſſion till the hearing of the Cauſe; but in his preſence the Fences by multitudes were violently thrown down, and the Rioters by force fetcht away the Cattle of the Tenants, the which they impounded; and refuſing to admit any Replevins, conſtrained them to redeem them upon their owne termes, and at what rate they pleaſed.

In February, 1650. upon full hearing in the Exchequer, p. 86a Decree was made for full eſtabliſhing the poſſeſſion againe with the Petitioners, which was publiſhed upon the place in preſence of divers of the Inhabitants, who having gotten (Noddel, Lilburn, and Wildman on their ſide) openly declared, that eeHere the Levellers are practicall to their Tenent, which is not to allow of any Sheriffs, Judges, …uſtices of Peace, Mayors, Bailiffs, Aldermen throughout the Nation, but all theſe as of Conqueſt & Tyranny, they wil have pluckt up by the roots. Light ſhining in …ucking: 1 part, p. 10, 11.they would not give any obedience thereunto, nor to any Order of the Exchequer, or Parliament, and ſaid, they could make as good a Parlament themſelves. Some ſaid, It is ffYou may ſee before who taught them this, & where they learnt to revile the Parl. Lilb. being now King in the Levell. that is fulfilled, Regis ad exemplum totus componitur orbis.a Parliament of clouts, and that if they ſent Forces, they would raiſe Forces to reſist them. Moreover, from words they proceeded to Action, ſo that within tenn dayes time, ggThey are not puniſhable for all this by the principles of Levellers. They ſay, No man is to he put to death for murder or any unrighteous Crime whatſoever, nor to be impriſoned or puniſhed any way; only ſuch are to worke and eate their owne bread: And he or they that ſhall inflict any other puniſhment upon fellow Creatures, is an unrighteous Actor in the Creation: For it is a mighty diſhonour to our Maker, that one part of the Creation ſhould deſtroy another. New light of Righteouſneſs, p. 60, 61. 69. Again, he that will rule over, impriſon, oppreſſe, and kill his fellow Creatures under whatſoever pretence, is a deſtroyer of the Creation, and an actor of the curſe, and walkes contrary to the rule of Righteouſneſſe. The true Levellers Standard, pag. 9.they totally deboliſhed the whole Town of Santoft, and other houſes thereabout, to the number of 82 Habitations, defaced the Church, burnt Stables and out-houſes, broke in pieces a Wind-mill, deſtroyed all the Corn and Rapes on the ground, not leſſe then 3400 acres; ſo as the damage done at this time appears by good teſtimonie to be 80000 l. or more.

It is ſaid of Sylla & Richard 3. that they commanded others, under great penalties to be juſt and vertuous, whereas themſelves walked clean contrary. What a deal of talk, had Lilb. made of Honeſty, Law, and Juſtice, and yet none more injurious, arbitrary, tyrannicall, then he, where ever he could thruſt in, and have opportunity to exerciſe the ſame: As by what follows will more appear.

p. 87The Land being thus laid waſt, the meeting place defaced, the hhThis alſo is agreeable to the Levellers Doctrine, for they will not have any buying or ſelling, any Markets or Faires to be kept, no civill trading at all; for to do ſo, is to take the marke of the Beaſt. Light ſhining in Bucking. 1 part, pag 3. Now to deſtroy whole Towns at ōce, is to put down buying, ſelling, and all Commerce.whole Town, with all the houſes, mill, and out-houſes depopulated, and the precious Corn deſtroyed, and all this through Lilburns means and his Confederates.

In the next place (the former being a preparative as the needle goes before the threed) There is iiThere was a peace concluded between Allyattes and Aſtiages, by drinking each others blood, this was no other agreemēt but bloody and cruell.an agreement between Mr. Lilburn Cum ſocijs, and ſeverall men of the Mannor of Epworth: That in conſideration of kkDives qui fieri vult, & cito vult fieri: ſed quae reverentia legum, quis meius aut pudor eſt unquam properantus amari? unde habeat, quaerit nemo, ſed oportet habere. Juvenal.2000 Acres of land (formerly waſt) to be given to Lilburn and Wildman, and 200 Acres to Noddel, they ſhall llThere is all the reaſon in the world that he who cauſeth men to riot and rebel, ſhould defend them in it.defend them from all thoſe Riots & Inſurrections (a thing eaſily done) and maintaine them in poſſeſſion of all the reſt of the 7400 Acres before laid wast, and keep them dry. Here deeds and writings were drawn up, and ſeal'd accordingly. It ſeems by this that Mr. Lilburn was of opinion, that mmforeign.money makes a man, and a poore man is neither excellent nor honourable.

This bargain being made, Mr. Lilburn then with Noddel and others, came to Stantoft Church on the Lords day, where a French Congregation of Proteſtants were aſſembled together, and moſt nnReader thou art to take notice that it is a Principle of the Levellers, that men muſt leave off all TEACHING and inſtructing each other, there is no uſe of Sermons, Sacraments, or Prayer: Preachers are the curſe, and the ſpreaders of the curſe, ſtanding ponds of ſtinking water; yea the zealous Preachers are no other then Scribes, Phariſees. Judaſes, Traytors, Witches, Sorcerers, Deceivers, They & the People joyning together in publick worſhip is an abhomination. Gathering Congregations, Church fellowſhip, & all outward formes, this (ſay the Levellers) is to betray Chriſt into the hands of Fleſh, a deceit of the Devill, the government of the Beaſt, Antichriſtian captivity, and 'tis to be under the tyrant fleſh, a new bondage, a wrapping men in confuſion, the myſterie of iniquity & only to hinder Chriſt the great Prophet from riſing. New light of Righteouſneſs.prophanely forced them from thence, and told them p. 88they ſhould not come thither any more, unleſs they were ſtronger then they.

Having diſpatch'd this Lords dayes worke, he and Noddle goe then to another Mannor, called Crowle, and there they agree with ſome of that Mannor, ooNote how this man boaſting of himſelf (as it is uſually his manner) in capitall letters writes thus. I am one that hath the principles of Freedom and Juſtice ingrafted in me, and of an Engliſhman that loves my Countrey above all the Countries in the world, and in a great meaſure hath the ſenſe of my duty in acting towards its freedom and welfare ingraven upon my very heart. In his letter to Mr. Kiffiin, p. 6. compare his actions and words together. In the Olympick Gāes he that was Conquerour, did not put the Garlad on his own head, but ſtayed till another did it for him, But Mr. Lilburn is alwayes forward to commend himſelf. It ſeems he dwels by bad neighbours.to aſſiſt them, as they had done the people of Epworth, to get the Commons into their poſſeſſion: In order whereunto, they adviſe them, that they ſhould impound the Tenants Cattell; and if they repleev'd them, to impound them againe, and to breake downe all their Fences, and to eate up all their Crops, and ſo to tyre them out, unleſſe they became Tenants to them.

This mutinous counſel of theirs was immediately put in practice; whereupon the poore Tenants being terrified, and ſeeing their condition was like to be no other then their Neighbours, through neceſſity (and ſeeing otherwiſe they were undone) tooke leaſes from Jaſper Margrave, and George Storin, who gave bonds to ſave them harmleſs: Thus were the Petitioners ppLucrum improbis juſtitia fit praeſtantius.outed poſſeſſion of both theſe Mannors.

When Dyoniſius (in the ſtory) had rob'd an idoll Temple, and at his return by Sea had a faire gale, and pleaſant weather to waft him home with his ſpoyls; See (ſaith he) how the Heavens ſmile upon us, and how the gods are pleaſed with what we have done. It's likely enough, all things going thus proſperouſly forward, Mr. Lilburn might ſay in his heart, God hath forgotten, he hideth his face, he will never ſee it: but a Heathen could have taught him otherwiſe, qqforeign.cernit deus omnia judex.

p. 89But to proceed with our diſcourſe: At the making of thoſe Leaſes, Nodell openly declared in the preſence of twenty perſons, that he would lay twenty ſhillings with any man, that AS SOON as Lilburn came to London, there ſhould be rrAnd reaſon too. For what Truant would not rather have the rod burnt, then to be whipt with it.a new Parliament (no doubt but the other had told him ſo) and Lilburn would ſſBut where then is the people liberty and freedom if M. Lilburn may doe all this?call this Parliament to an account (ſo ſaid Jacke Stra… and Wat…yler) …urther adding, that ſeeing they had now ttPoſt dulcia a mara, ſweet meat will have ſowre ſauce.finiſhed this of Lincolnſhire (meaning by riots and fraud gotten the lands from the Petitioners) they uuNot ſtay till they are ſent for. But note here, how to go from Towne to Towne, and caſt down I… clo…u…es, this the law mak's levying warre, and ſo Treaſon, how will Noddel anſwer this?would goe over into York ſhire to the reſt of the Levells and doe the like there, and ſo would g…ve xxSo doe Thiev's make worke for the Hang man, but they had been better to hav… ſate ſtill.worke enough to the Attorney Generall.

One thing more at another time was delivered by the ſaid Nodell; Having now ſtated their Caſe, they would print it, and naile it the Parliament doore: and if they would not do them Juſtice, they would come up, and make an out-cry, and yyAnd why not deſtroy them too, as ſo many Weaſels and Poulcats? It ſeems the man is but a learner yet.pull them out by the eares.

Neither is it to be forgotten that the aforeſaid agreement being made, viz. the 2200. acres of land to be divided between Lilburn, Wildman, and Noddel, this they cauſed immediately to be meaſured out, and took the ſame into their poſſeſſion according to the proportions mentioned. And agreed with ſeverall perſons to let out ſome conſiderable part thereof: whereupon Mr. Lilburn he repairs the houſe built for the Miniſter, partly pul'd downe by the Rioters before, and puts his ſervant therein to keep poſſeſſion; and having driven away both the Shepheard and the Flock, hee employes the place in which they publiquely met, to the uſe of a Stable, Cow houſe, Slaughter-houſe, and to lay his hay and straw therein. p. 90This being ſo, nomen mutatum; Inſtead of Sir Arthur Haſlerig, Lilburns name being read, whether the Petitioners may not truly ſay in aaA juſt reproof to Haberdaſhers Hall, p. 37. Again as in another place, Mr. Lilburn hath moſt maliciouſly, premeditately, and in a deſpight & contempt of the Law of England, and moſt treacherouſly in ſubverſion thereof, hath exerciſed a tyrannical & arbitrary power over and above the Law. A preparative to a Huc & Cry, pag. 36.his own words; Lieut. Coll: John Lilburn (and his aſſociates) have deſtroyed and levelled our proprieties, and in our Caſe ſubverted the Laws and Liberties of England, and exerciſed an arbitrary and tyrannicall power over us, without any ſhadow or colour from Order, Ordinances, or Act of Parliament, to the unſufferable and unſpeakable indignity and diſhonour of the Parl.

We ſhall adde no more, but cloſe with this; It is witneſſed upon oath that Mr. Wildman was preſent when Mr. Lilburn made the bargain, That they two in conſideration of **Nec venit in mentem quorum conſideris armis.2000 Acres, and 200 to Noddel of the land ſo laid waste, ſhould defend the Inhabitants from all bbSueonius writeth, that a Phyſiognomer being demanded what he thought concerning the naturall inclination of Tiberius the Emperour, Anſwered, I ſee in him foreign dirt mingled with blood: Thereby intimating that he would prove a covetous and cruell Emperour; the dirt in his complexion repreſenting filthy lucre, and blood, cruelty.Riots, both paſt and to come, and at their charge maintaine them in the poſſeſſion of the 52000 Acres: And likewiſe was preſent, when the Deeds were ſealed to Mr. Lilburn and himſelf, of the 2000 acres according to the conditions aforeſaid: ſo that the truth of the ccAccipias nunc O anium inſidias, & crimine ab uno diſce omnes: Virg. Aene. lib. 2.Narrative is not any way queſtionable.

Becauſe this buſineſs is depending in Parliament, (who no doubt are very ſenſible of the high Inſolencies and abuſes committed, and will doe Juſtice therein accordingly) we ſhall ſay the leſſe to it, only will give the Reader ſome Obſervations upon the whole.

1. Howſoever Mr. Lilburn ſeemes ſometimes to be ſo tender of the Law, as if none like himſelf were p. 91ſo conformable to the practicall part thereof. ddIt remains upon record, to the laſting infamy of the Cardinal of Cremona, that ſtanding and pleading againſt Prieſts marriages, was himſelfe taken the night following in bed with a whore. No leſſe is it a ſin and ſhame to this man, to plead ſo much as ſomtime he will do, for Law & Juſtice: and at other times, when it is to ſatisfie his owne luſt and pleaſure, not a greater trāſgreſſor of law and juſtice then he.Nevertheleſſe, where he hath ſeene profit and advantage, there hee hath made it but as a Spiders webb, blown it eaſily away, and broken thtough it. Coke ſometimes is his great Maſter, but in this buſineſs of Hatfield Chaſe, he will allow of no ſuch Cook, to dreſs his meat.

In the third part of his Inſtitutes concerning high Treaſon, hee hath theſe words: eeCh 1 p. 9, 10There is a diverſity (ſaith hee) between levying of Warre, and committing of a great riot, a Rout or an unlawfull Aſſembly. ffSee Rot. Parl. in Cro. Epipham. 20. Edw. 1. Rot. 23 Humfrey de Bobuns Caſe 4 Eliz. 210. b. Dier. See the Stat. of 2 Mar. Cap. 2. By which grand Riots in ſome Caſes are made Felonie. Paſch. 39 Eliz. by all the Judges of England, he being Attorney Gen: and preſent.For exampl, as if three, or four, or more, do riſe to burn, or put downe any Incloſure in Dale, which the Lord of the Mannor of Dale hath made there in that particular place, this or the like is a Riot, a Rout, or an unlawfull Aſſembly, and no Treaſon. But if they had riſen of purpoſe to alter Religion establiſhed within the Realm, or Lawes, or to ggThe very Caſe which Lilburn undertakes to defend thē in, both in reſpect of what they had done, or ſhould do.GOE FROM TOWNE TO TOWNE GENERALLY, AND TO CAST DOWNE INCLOSƲRES, this is a levying of Warre (though there be no great number of the Conſpirators) within the purvene of this Statute, becauſe the pretence is publique and generall, and not private in particular: And ſo it was reſolved in Caſe of Richard Bradſhaw, Miller, Robert Burton, Maſon, and others of Oxfordſhire, whoſe Caſe was, That they hhObſerve how the like was practiſed by the perſons formerly mentioned, and a reſolution taken up to goe forward, and to caſt down Incloſures and Towns one after another.conſpired and agreed to aſſemble themſelves with ſo many as they could procure at Enſlow-Hill in the ſaid County, and there to riſe, and from thence to goe from Gentlemans houſe to Gentlemans houſe, to caſt downe Incloſures, as well for p. 92inlargement of iiHere we may ſee what fair pretences can be made for foul offences. It was for Enlargement that Mr. Lilb. had a chief ſtand in thoſe Riots, but not to enlarge high wayes but to ēlarge himſelf with 1000 acres: Space & way enough for one time.high ways, as of arrable lands: And they agreed to get Armour and Artillerie at the Lord Norris his houſe, and to weare them in going from Gentlemans houſe to Gentlemans houſe for the purpoſe aforeſaid, and to that purpoſe perſwaded divers others, and all this was confeſſed by the offenders. And it was reſolued, That this was a compaſſing and intention to levie Warr against the Queen, becauſe the pretence was publick within the Statute of 13 Eliz. Cap. and the Offenders were attainted and executed at Enſlow-hill.

How Mr. Lilburn here can kkHere wee ſuppoſe Mr. Lilb wil need ſome Logick with his Law, either in Actu ſignato, and quo ad ſpeciem, or in actu exercito, and quo ad invidium, how ſpeciated by its object, & individuated by is circumſtāces.quit himſelfe from Treaſon or Fellonie according to Coke, unleſſe by a Jurie of his owne chooſing (who will not finde him guilty for any Inſurrection, or Conſpiracy againſt the State, be the thing never ſo clearly prov'd) we leave it as a Querie to men, better skil'd in the Law then our ſelves.

But 2. by this it doth appear, that he remembred not the proverb, A burnt child dreads the fire: For who but mmHanniball uſed to ſay of Marcellus, that hee was ſuch an Enemy as would not be quiet whether Conquerour, or conquered. Mr. Lilb. (thanking his honorable Jurie) came off Conquerour, yet he could not for his life ſit ſtill, but there being a Cōmotion and Inſurrection in the Countrey, yea though but one, yet whoſoever is out, he will be ſure to have his hand in it.himſelf, having a little before ſo narrowly eſcaped puniſhment for ſedition, would have thrown himſelfe again head long into the danger? Theſeus is ſaid to cut off his golden locks, leaſt his enemies ſhould take advantage by taking hold of them. It is poſſible he may think, that to make tumults and commotions in the Nation, is an nnAs Iſhmael might have gloried when it was ſaid of him, He will be a wild man; his hand will be againſt every man, and every mans hand againſt him.ornament and credit to him: Notwithſtanding, ſeeing hee gives his Enemies hereby ſo much advantage, as to take hold of him, it were better hee did cut off thoſe golden locks, in giving over ſuch contentious courſes, which will prove his ruine & fall at laſt.

p. 933. Should ſuch a preſident as this be left without due execution of Juſtice, in what ooThe Law ſaith, paena unius eſt multorum metus. Praeſ I…u: In Cod. lib. 3. c. 27. ad leg. Jul. Again, Qui punit injuſtos, in caeteris prohibet fieri injuriam.danger were the whole Common-wealth? For if men ſhall be ſecured and protected from the Law for all their riots paſt, & what after they ſhall commit, what ſhould hinder the multitude from raiſing continual Inſurrections every where? and to make Lilburns plea, Propriety, Libertie, Free-Commoners, &c. In the dayes of Ptolomeus Philopater, when the huge and great Anchor of the ſhip Thalmegos was laid out upon the ſhore, the children of Alexandria did ride upon the ſtalke, and crept through the ring of the Anchor, as if it had been made for paſtime of Children: But wiſe ſhip-men knew it was appointed for better uſe; namely to ſtable and make ſure the great Veſſel, in great & tempeſtuous ſtorms. Juſt ſo do ſome men ſerve the Law, if the ppFooliſh birds frighted a little at firſt with the Huſbandmans ſcar-crow, and after a while obſerving that it ſtirs not, are bold to ſit upon it, & deſire it: So Rioters & Mutiners, when they ſee the law is not put in execution againſt them, become the more bold, & proceed from evill to evill.execution thereof be neglected, they are ready to ride on it, and runn thorow it, as if it were made only for ſport: But wiſe Stateſ-men know it was appointed for better uſe, namely when Turbulent ſpirits cauſe Riots and Commotions in the Land, to preſerve then (in ſuch a ſtorm) the great Veſſell of the Common-wealth, by a due and careful proceeding againſt them, eſpecially to make the qqPectora magnis obſeſſa malis non ſunt ict… ferienda levi.Authors and Ring-leaders Exemplary.

Thus wee have ſhewed what Mr. Lilburns carriage and deportment was, before his Baniſhment, and have fully prov'd the Aſſertion or Charge, to wit, That no man more deſervedly hath been baniſhed out of the Common-wealth of England for grand miſdemeanors againſt the Reipublick then he. And therefore it is not true (as wee ſaid before) that the reaſon and cauſe of p. 94his baniſhment ſhould be of ſome difference or particular Quarrell between Sir Arthur Haſlerig, and him. Neither is it true which he writes to the Generall: rrIn a printed letter, p. 2.That Primats buſineſſe and nothing elſe, was the cauſe of his Baniſhment. For howſoever that buſineſſe occaſioned his baniſhment, yet originally and chiefly it was not the cauſe; but the ſſOur State here follow'd that ſaying, Cuncta prius tentanda; ſed immedicabile vulnus enſe recidendum, ne pars ſincera trahatur. Ovid.whole ſeries of his former Treaſons practiced againſt the State, he having made it his ttFor not only before his baniſhment, but whilſt he was beyond Sea, and ſince his return, he hath ſought the ruine of this Nation: And therfore wee may well ſay, a continual & conſtant work.continuall and conſtant study and worke, to deſtroy the welfare and peace of the Nation.

Now to the end that neither he himſelfe, nor any other, may think we have taken this work in hand, either without cauſe, or not called thereunto, we deſire it may be noted, how we are in a manner dar'd and challenged to it. If the uuShould hee not be well employd to reply to his ſlanders and falſhood, Regium eſt, male audire & bene facere.Generall (ſaith he) or xxHe hath bin anſwered before: And being not able to clear himſelf from the ſeverall treacherous plots laid to his charge, and proved, ſee how he comes off: As the Beaſt Doron, caſting his Excrements at them. Arraignment, pag. 3.any other for him, have any thing in imagination or ſuppoſition againſt me, to lay to my CHARGE, let him or them STAND UP AND SAY TO THE UTTERMOST, I crave no favour at their hand.

To ſet forth things by ſuppoſition or imagination, we abhor it (though it hath been his conſtant practice againſt other men ſo to doe) but whatſoever wee have declared, as to his ſeditious and factious deſignes, are reall and certaine, as being either publiſhed by himſelfe, or under oath aſſerted by ſufficient witneſſes.

From England wee are now to follow Mr. Lilburn in his actions and procceedings beyond Sea: And here we find it true, Non gens ſed mens; though the man have changed the Aire, and be under another Climate, yet no way altered, (but rather worſe) in his malicious practices againſt this Common-wealth, p. 95ſo that the ſaying is true (and fufilled here) yyMagna vis eſt conſuetudinis, quae non modo lex ipſa, ſed altera eſt natura: neque enim ſolum legē imitatur ſed & vincit legem adeoque plus valet quam lex ipſa. Ariſt.great is the force of Cuſtome, which is not only Law it ſelfe, but another nature, yea which breaks Law, and prevails above it: ſo that aaConſuetum quidquid eſt, tandem praeſumitur juſtum.what a man is bbIt is Like a man that moves a ſtone on the top of a hill, which never ceaſeth running & tūbling till it come to the bottome: ſo is he in his deſperate deſigns againſt this Commō-wealth, unwearied and reſtleſſe. Facile vocaveris cacodaemona, ſed vocatum non facile repuleris.accuſtomed to doe, he thinks it at length to be lawfull.

We have proved before, that no man hath been baniſhed out of this Nation for greater Crimes then hee had done againſt the Government eſtabliſhed. Our next Aſſertion is this; No Engliſh Exile in the time of his baniſhment, ſhewed more malice, or contrived greater Treaſon againſt England, then Mr. Lilburn did againſt this State, in the time of his Reſidence in the Netherlands.

We know what it is to beare falſe witneſſe, and therefore are ccVeritas res omnium juſticima. Multo ſuavius eſt, vera dicere quam audire.careful not to ſet things down otherwiſe or further, then we h…e moſt evident and clear proof for the ſame.

1. Never was a State by the mouth or pen of any Exile (we exempt not Parſons, nor any other Jeſuite) made more execrable, odious, and deteſtable, then he hath rendred Ours, to Forreign Nations. But that we have it under his own hand, otherwiſe had it come by report or hear-ſay, wee ſhould not have believed it, being ſo unparallel'd, ſcandalous, and malicious. Thus he writes: ddLilburn Revived, p. 6.O renowned and worthy Heathens, far ſurpaſſing in honesty, and far ſurmounting in Justice and Righteouſneſſe, our great pretended Chriſtians, the Governours in England, that eeHow could hee in his coming over have any hope to be ſafe under ſuch Governours: It is probable hee expected no ſuch thing from them: but having made them odious before hand, hee made full account that others would have joyned with him in cutting them off.judge no meanes nor wayes, though never ſo abominable in themſelves, p. 96too vile for them to undertake for the accompliſhing of their owne ends. Whether it be treachery, murder, perjurie, breach of faith, or what ever it be: And who have cheated all manner of Intereſts, that ever yet in their lives they dealt with; and hold it an undoubted Article of their Faith for the ſupport of their ſtate & policie, that it is not fit nor convenient for them to keepe Faith with ffNote how in his Book Entituled, A defenſive Declaration of Lieut: Colonell John Lilburn, he ſpeaks not a word of this, nor any way repenting for it, but of a Paſſe, that he might come ſpeedily home, as if our State would have been glad to have received him, with all his treachery againſt it.ANY INTEREST OR GENERATION OF MEN IN THE WORLD longer then it ſerves their owne end: Being abſolutely in their owne thoughts (as their conſtant practices ſufficiently declare as cleere as the Sunne at noon day) tyed by no Engagement, Declarations, Proteſtations, Oaths, Covenants, or Contracts whatſoever, that even amongſt Pagans & infidells themſelves are moſt ſacred, longer then they pleaſe.

Our Enemies being Judge… was there ever more reproach and contempt caſt upon any Government? Is it imaginable that any people under heaven are ſuch monſters, monſtruous monſters, as he is pleaſed to report of us? was not this (if believed) enough to have raiſed up all forreign States againſt us? Who would deſire our Amity or Friendſhip were theſe things ſo? What Cavallier or Malignant could have done more to have advanced Charles Stewards Intereſt? Where the building is green and not dry, things are the ſooner put out of order: Mr. Lilburn knew our Common-wealth was new and tender, and therefore as taking advantage before it was faſt and well ſetled, he makes account the eaſier to overthrow it.

There is a kind of Serpent, the nature of whoſe venome is ſuch, that if it enters into the bodie, it provokes to vomit, and cauſeth the perſon to p. 97bring up whatſoever is in the ſtomack, in thick and filthy fleagm. The Serpents ſting being entered into this mans ggIt is worth the noting; after hee had thus baſely reproached the State, he ads, If any of their mercinarie pen men dare be ſo impudent as to deny this that I now ſay of thē, and endeavour in their behalfe to prove the contrary: I dare hereby engage my life and reputation by abūdance of evident, declared, & known inſtances, to prove theſe my preſēt aſſertions as clear as the ſun in its moſt glorious ſhining. But this is a vapour, for his manner is not to ſtand to the juſtification of his writings: As for example, at his Tryall in the Guild-hall, I doe not own a jot, a line, a word, a ſyllable, or any of them: and ſo it's likely he will do here, not own any thing, w^ch denotes a man of a cowardly ſpirit, having put his hand and name to a thing, afterward to ſay, I will not owne it.tongue, ſee how he vomiteth; Only it is a marvail that the ſtink thereof had not poyſoned himſelf.

Neither is this all, but hee hath more and worſe in another place. You have rendred your ſelves (ſaith he) the ſcorn and contempt of all Europe, having given too juſt occaſions to the Nations round about you, to judg you leſſe faithfull, and your Oaths and Promiſes leſſe to be regarded, then Turks, Pagans, and Infidels. Your moſt reproachfull and perjur'd Actions, have rendred your ſelves and your Religion in the eyes of the ſonnes of men, hhHe faith himſelfe, that he hath a quicke and ſharp pen; he might have added, and a tongue ſharper then an arrow.more contemptible, then ever the fooliſh and ridiculous actions fathered upon, and ſaid to be committed at Munſter in Germany by John of Leyden and Knipperdoling, whom in follie, murder, madneſſe, and ridiculouſneſſe you have viſibly in the face of the world out-ſtripped: And already made good the truth of the worſt of the Kings ſayings againſt you, or the ſharpeſt and bitterest of his pens againſt you: And who in hiſtorie must leave behind you, to future ages, the blackeſt name that ever the ſons of men had, and for you no defence or excuſe, or ſhadow of a bare figleaf-covering can be made for you.iiHere we may ſee how falſely he ſpeakes, when hee ſaith: In all my actions and carriages beyond Sea, I have beene to the utmoſt of my power, underſtanding, and ability, as ſtudious and induſtrious a reall wel-wiſher to the proſperity of the people of ENGLAND in generall, as ever I was in my life. A defenſive Declaration of Lieut: Coll: John Lilburn, page 16. He knowes, qui neſcit diſſimulare neſcit impe…rare.

p. 96It was the policie of Ziba to deviſe a lye againſt his Maſter, and then to ſpeak of it himſelf unto David, whereby to alienate the Kings affection from that honeſt man: kkSo did Nero, when hee had ſet Rome on fire, he falſely charged the Chriſtians with it.The very ſame here, is Lilburns deſigne; hee raiſeth falſhoods and ſlanders againſt us, and then ſpreads them abroad in other Nations, as thinking by this means to divide all people from us.

But 2. As we have obſerved before, how Mr. Lilburn (like the Pope) makes our Governours State-Hereticks, and then proceeds to cutting off: So it was his deſign beyond Sea. And becauſe this buſineſſe is of great concernment, we ſhall therefore firſt ſet down the particulars whereof he is accuſed, and by whom, and then give the Reader ſome rational Conſiderations, as to the truth of the thing.

1. Iſaac Berkenhead affirms, that hee heard Colonell Charls Lloid, Engineer Gen: and Quarter-maſter Gen: to the late King, Captain Luke Whittington, Agent to Charls Stuart, Captain John Titus, and Captain Bartlet ſay; That Lieut. Col: John Lilburn had llIn the Laws of D…co there is nothing memorable, but that it was appointed death, for the leaſt crimes; there is hardly any thing remarkable in Lilburns writings, but the fury and madneſſe of the man, as if hee would kill & deſtroy every body that is in his way.propoſed ſeverall times to Sir Ralph Hopton, and ſometimes to Coll: Charls Lloid aforeſaid, & ſeverall others, that if the aforenamed perſons would procure him mmWell may the love of monie be ſaid to be the roote of all evill. For what wickedneſſe is there, but a covetous man will commit, if he may gaine by it.10000 l. he would deſtroy the Lord Generall Cromwell, the Parliament and Councell of State that now ſitteth at Weſtminſter, and ſettle Charls Stuart King of England (as hee called him) in his Throne in England, or elſe hee would have a piece of him nail'd upon every post in Bruges.

I further obſerved (ſaith he) from Lieutenant Coll: John Lilburn and others, who told me of his actions, that the Lieut: Collonel did not only move with much violence p. 97and earneſtneſſe, ſhewing which way he would bring this his propoſed deſign about; but nnThis is the more likely to be true, becauſe whē he was in England it was his conſtant practice to goe from place to place to ſtirr up as many as he could to ſeditious courſes.went from perſon to perſon, whoſe reputation he thought could ooO cives, cives, quaerenda pecunia primum, virtus poſt nummos.procure ſo much as he propoſed (for the advancement of this his declared deſigne) and whoſe affections and opinions were moſt ſutable to further him in ſuch employment. Thus he.

2. Captain John Titus ſaith, that the ſaid Lieuten: Col: John Lilburn propoſed to the Lord Hopton, that if he would procure him ten thouſand pounds, hee would ppOne of Mr. Lilburns friends writes thus, It is a firme law, and radicall principle in nature, ingraven in the heart by the finger of God in the Creation; for every living moving thing wherein is the breath of life, to preſerve, award, and deliver it ſelfe from all hurtfull things, deſtructive and obnoxious thereto, to the uttermoſt of his power. Overtons Appeale, pag. 3. If this be true, then hath the Common-wealth of ENGLAND great reaſon to looke about, and beware of this mans deſigne.deſtroy the Common-wealth of England in ſix months, or he would have a piece of him nail'd upon every poſt in Bruges. The Lord Hopton told the ſaid Lilburn, that it could not be ſo facile a thing, though hee believed it might be done, but not in ſo ſhort time; To which the ſaid Lilburn replyed; My Lord, I'le ſhew you how it ſhall be done, give me but the monies I propoſe for, and I'le have my Agents (for I have enough of them) that ſhall give me an account of all the Common-wealth of Englands proceedings: And by thoſe qqBut who are they? Vaine and light fellowes, like ſuch as followed Abimilech.Agents I will ſpread my papers abroad, that ſhall inſtigate the people againſt the Parliament, & ſo by that rrWee hope when this Caſe and Craft which is here diſcovered, ſhall be underſtood by the people of this Nation, hee will have little cauſe to boaſt any more of Power here.power I have already, and that power my Agents ſhall make by working upon the people, I will deſtroy the Parl. the Councell of State, and the Lord Gen: Cromwel in halfe an hour. So he.

3. Captain John Bartlet ſaith, About the 20 of July, 1652. in an Arbor in Plaringdoll, three miles from duplicate page p. 96duplicate page p. 97p. 100Oſtend in Flanders, Lieut. Coll. John Lilb. did propoſe to Coll. Charls Lloid, Quarter-maſter Gen: & Engineer Gen: to the late King, in the late Wars in England, and to Capt. John Bartlet the Examinant, and Captain Luke Whittington, Agent for the King of Scots, that if the ſaid Charls Lloid, or any of the aforeſaid perſons would procure him **It is reported of one, who for the like ſum of money was hyred to kill a man: And having done it, hung the money about his neck, and went up and down offering it to any man that would cut his throat: poſt duca amara. Gravior. Inimicus, qui latet ſub pectore.10000 l. he the ſaid Lilburn would ſettle the King in his Throne (to wit, Charles Stuart) in England: And that the King (to wit, Charles Stuart) ſhould never come into his Throne, but by the ſaid Lilburns means.

4. Richard Foot affirmeth that hee heard Mr. Lilburn ſpeak theſe words: If my Paſſe come not up, and I find that its Cromwel that hinders it, as it muſt be, for it lies in his power, I will either kill him my ſelfe, or ſſThis ſhewes what for Agents hee had.ſend one to do it: Then one of the Merchants asked him how he could doe ſuch a thing with conſcience? he anſwered, tell not me of ttNote that the Levellers hold that there is no heaven nor hell: No reſurrection of the fleſh, for to take it ſo in the letter (they ſay) is a dreame of our Preacher. New Law, p 78.Conſcience in this caſe: For if I am baniſhed without law, conſcience, or equitie, and deprived of my naturall Ayre to breath in, which is every mans birth-right, I may uuHow juſtly? whether is there any ſuch Law in Magna Charta? We mention not the Scriptures: For all that we call the hoſtorie of the Scripture, Levellers ſay is an idoll. New Law, pag. 97.juſtly right my ſelfe if I can. If I would take a Hare or a Deer, I ought to give them fair play becauſe they are Beaſts of Game: but if a Fox or Wolfe, I may uſe what device I can to kill him. So if Cromwel keepe himſelfe above the law, that I cannot have my right by the law, I may kill him how I can.

The Sepiae, a certaine kinde of Fiſh, perceiving themſelves in danger of taking, by an inſtinct which p. 101they have, do darken the water, and ſo many times eſcape the net which is laid for them. Mr. Lilburn finding himſelf here almoſt taken, ſeeks to get off by ſuch a device, as blacking the water, partly by denyall, and partly by aſperſing the xxThere is one Cap…. Wendy Oxford, whom he often in his writings cries out againſt, as to be a Spy, and ſought to murder him: But we do not remēber that hee hath any where laid any thing to the charge of theſe men, as to tax thē with any particular miſcariages: So that every rational man will give the more credit to what they have teſt…fied upon oath.Witneſſes, as to be Spies; ſuborn'd, Rogues, Knaves, &c. Here now our buſineſſe is, to lay downe ſome Rationall Conſiderations, as to the proof of the Charge; that is, whether the impartiall and underſtanding Reader (walking by the rules of Judgment and Reaſon) is to believe his bare and ſingle denyall, though backt with Vows yyMay not he lye in his proteſtations here, as he did at his laſt Tryall, when he took Jehovah to witneſs, and proteſted before God, men & Angels, that he was not the perſon intended to be baniſhed by that Act., Proteſtations, Aſſeverations, &c. rather then what theſe I upon oath have atteſted. The whole Charge may be caſt into three heads, or branches.

1 His reſolution to kill the Lord Generall Cromwel.

2 To deſtroy the Parliament and Councell of State.

3 To ſettle King Charles (as he call'd him) in his Throne in England.

Of theſe wee ſhall ſpeak in order.

Concerning the killing of the Generall, that he ſaid it, and intended as much, we have theſe Reaſons to believe it.

For 1. this is no more then what his own aaIt is likely ſo he will againe, if he can ſet it out in print, with his name to it; but here he knows how to help himſelf if call'd to an account: Who can prove it is mine?mouth hath publickly ſpoken, that formerly he intended to do it; wherein therefore is it improbable that he might not privately to a few ſay as much, as before he had openly declared to the world. When a meſſenger came from Jezebel to tell Elias that ſhee had a purpoſe to kill him; if ſome other afterward ſhould have told the Prophet, that hee heard her likewiſe p. 100ſay the ſame, had hee not reaſon to have believed this later report alſo?

Decipies alios verbis vultuque benigno:

Nam mihi jam notus diſſimulator eris.

Others thou maiſt beguile with words, and ſuch face make:

But unto me art ſo well known, diſſembler I'le thee take.

But 2. Wee cannot obſerve in Mr. Lilburns practice and carriage beyond the Seas, any change of his mind concerning the murdering of the Generall bbYet at his firſt arrivall, it was, my Lord and his Excellency, and yours to ſerve you But the Gen: knows, non facile eſt eodem & A dulaore & ami…uti.; but (if wee may give credit to what is publiſhed under his owne hand) an increaſe and growth of deſperate wrath, ſelfe-revenge, and blood-thirſtineſſe. And ſo much is evident by ſuch expreſſions. That grand Tyrant Cromwel, Cromwels beastly and abhominable tyrannie: The cheats of that hypocriticall and Alchymie Saint Oliver, and his graceleſſe Tribe. Their falſe, treacherous, ccNec tibi dua parnis, generis nec Dardanus author perfide, ſed duris genui… te cautibus horrens Caucaſis, Hyrcanae que admorunt ubera …gres. Virg. Aeneid. l. 4.helliſh, diabolical & cowardly means. I judge him to be as falſe as the Devill, and whom ddWhat man ever ſhewed more hypocriſie, then after all this, by inſinuation and flatteterie to ſeeke the General's favour.I will never truſt againe whilſt I breath, let him ſweare and proteſt never ſo much: For eeFor ſhame once in your life ſhew your ſelf like a man, & be not ſtill a beaſt.ſhame my Lord once in your life learn to be juſt, ought not you your ſelf (my Lord) to be hang'd? &c.

The ffOmnia membra in ſene deficiunt, excepta lingua, quae nunquam quieſcit. Wolfang Franzius, hiſt. Animal. Tract. 4. Cap. 2. pag. 726. 272.Aſpe in her old age hath all her members decayed, onelyonly her tongue is as bad as ever. This p. 101Booke wherein he thus reproacheth the Generall, is call'd Lieut: Coll: John Lilburn ggIf you wake a drunkard out of his ſleep before the drinke be out of his head, hee will rage and take on as if hee were mad: It ſeems Lilburn was …a… aſleep, being drunk with malice & ſelf-revenge, & being awaked ſooner thē he ſhould, carries himſelf like a Bedlam.revived. Now this muſt be underſtood only of his venomous tongue: For the Law holds every baniſhed man to be dead. A dead man wee know, ſmels not the ſtinck which cometh from him: It was an Argument that Lilburn was not revived, ſaving his tongue, that ſuch Traſh and hhThis is the Dung-trap w^th we mention'd before, pa. 30. wherewith he hath caught many malignāt Gnats.dung ſhould proceed from him, and hee no way ſenſible of the ſtink thereof. But ſeeing this iiHis tongue hath bin like a mill looſe hung, which makes a noiſe & crackling, but grinds no corn. So with his reproaches and raylings, he hath fill'd all places with a noyſe, but nothing have we from him that is profitable and good for the Nation.unruly member of his is revived (with the Readers patience) we ſhall ſet downe a little more, that it may appear, the intended murder which he acknowledgeth himſelfe, and by others ſince is witneſſed, was fixt and ſetled in his malicious heart. In a letter to his Excellencie thus he writes:

You know I have a quick and kkSee how the vain man glories in his ſhame: As ſome beaſts when they have voyded their dung, turne about to ſmell to itſharpe pen, and therefore give me not cauſe to challenge you, or any of your Champions llHere is ſo much drawn out to diſcover the blackneſſe and filthineſſe of his actions, as all the ſope he hath made, had he it by him, would never make him white and cleane againe.to draw out a ſhort Epitomy, or into a larger Charge, all that evill that in your owne thoughts you can colourably imagine unto the Biſhops, Star-chamber, Councell-Table, High Commiſſion, or any perſon therein were guilty of, nay or any perſon ſince their downfall, by you executed, for the higheſt of Treaſons, Tyrannies, and Oppreſſions were guilty of: and yet comparatis comparandis, for me to aver you out-strip them all, and in particulars to undertake upon mmBut when his life is queſtioned for ſuch things as he here ſpeaks of, then he will not own a jot, a tittle, a line, a word.my life to make good: And that thoſe ſayings of God by the Prophet Ezekiel, Chap. p. 10416.48.51, 52. (mentioned in the Title page) may as truly & as juſtly be v…rified of you, as they were of Judah or Jeruſalem. And that you have out-ſtript (comparatis comparandis) all thoſe whom you your ſelfe count the moſt wicked men, that you have pulled downe, and therefore have done in Actions as much as in you lies to juſtifie all their wickedneſſe, that in nnIt ſeems he forgot here, how he had condemned the Lawyers for their large Fees, & pleading bad Cauſes, afterward did the like, or worſe himſelf.words you have condemned.

And beſides (my Lord) what faith, what truth, what honeſtie can be in that man, or in that generation of men? that by a conſtant ſeries of his, or their Actions, viſibly and apparently declare: He or they hold it lawfull to commit ooWhen Domitian the Father of Nero heard the people, upon the birth day of his ſon to make a great acclamation: he told them there needed no ſuch rejoicing; for nothing could be born from him and Agripina, but what would be pernicious to the Empire. Wee may ſay the ſame of this mans brain-conception, it is ſo pernitious to the Common wealth, as no man hitherto hath had cauſe to rejoyce at the birth of it.ANY MANNER OF WICKEDNES OR BASENESSE WHATSOEVER THAT CAN BE NAMED UNDER THE SUN, for the accompliſhment of his or their propoſed end, whether in it ſelfe it be wicked or righteous, yea to cheat, breake faith with, and murder the nigh…ſt Relations a man can converſe with, when they ppWe had heard none of all this, if his ends had not been croſt, & ſo much cōfeſſeth himſelf, & in this hath diſcovered himſelf, what he is.croſſe his end. Yea, and for that end only to raiſe wars upon wars, to the devaſtations of Kingdoms and Nations; the gulled, cheated, and abuſed peoples lives, and truly being of no more value with him or them, then ſo many dead dogs, ſerving him or them for no other end but to be his foot-ſteps, to climb up to the top of abſolute and arbitrary power and pretended Authority, or unlimited and unbounded King-ſhip. And that you my Lord (qqObſerve how tender this man is of his good name, as not to be taken away behind his back: Thus he writes, I intreat your Lordſhips & Honours (the ſame men whom he had before cal'd Tyrants and Murderers) as you are men of honour and conſcience, ſuffer not my good name behind my back to be rent and torn in pieces with notorious lyes and falſhoods A defēſive Declar. of L. Col. J. Lilb. p. 20. Was there not reaſon, that he who had raiſed againſt them, & behind their backs ſo many notorious lies and falſhoods ſhould be heard and ſatisfied. particularly) are the man that is guilty of all this in my judgment and apprehenſion.

p. 105When we ſee ſparkles and flames to come forth from the mouth of an Oven, wee know that fire is ſtill within: Thoſe flaſhes of his tongue, what do they ſignifie? but fire continued ſtill in the fornace. That is, the execrable murder intended againſt his Excellency before his baniſhment, was kept up, and continued in his heart, all the time of his abode in other Countries.

But 3. That the Reader may believe the forementioned Charge to be true, rather then what hee ſpeaks to the contrary; we ſhall here ſet downe his owne words in print, which doe amount to as much, as by the witneſſes is aſſerted in this particular. Having declared his willingneſſe to ſurrender his Eſtate into his Wives hand, hee adds this as the reaſon: That I might be left (ſaith hee) to my ſelfe, to manage my owne private buſineſſe, as a master workman, or a poore inſtrument in the hand of the Almighty, to the purpoſe to rrThe tongue is a ſcourge, and many by it have been wounded in their good name.chaſtiſe that hypocriticall and Alchymie, Oliver Cromwel.

Now becauſe this might ſeeme to be ſome-what darke, the word Chastiſe being ambiguous, hee explains his meaning a little after, I am totally and poſitively reſolved ſſIt is by moſt believed, that his coming over was to make good what here …e ſaith. It was wel we knew ſo much before hand.never to ſee England ſo long as Cromwels hatefull, deteſtable, and beaſtly tyranny laſteth, UNLES IT BE IN A WAY TO PURSUE HIM AS THE GRANDEST TYRANT AND TRAITOR THAT EVER ENGLAND BRED, OR THE PEOPLE THEREOF EVER READ OR HEARD OF: And therefore once again in good earneſt, ttHere is open war proclaimed, but he forgets Nulla ſalus bello: pacem te poſſimus omnes, pax optima rerum quas homini noviſſe datū eſt: pax una triumphis innumeru potio… pax cuſtodire ſalutem, & cives aequare potens.ſound Trumpets and Drums, and have at thee Oliver with all my might.

Can any man imagine, that hee would ſet this p. 106this to the world, and not ſay as much (if occaſion ſerv'd) in the hearing of his Friends, eſpecially to thoſe perſons, for whoſe ſake this chaſtiſing and purſuing of the Generall was to be undertaken.

It is ſaid of Ladas, Alexanders foot-man, that hee ran ſo lightly and ſwiftly upon duſt or ſand, as the print of his feet could not be ſeen: But this man ſteps harder and deeper, as leaving ſtill behind him ſuch remarkable prints of murder and Treaſon, that a man may eaſily trace him every way, as he runs along before him.

There are ſeverall other paſſages in his writings, wherein he declares an intent to do the Gen: ſome miſchief. Let them give Oliver (he means the Dutch) a box on the eare, on the one ſide in their owne way, and give me but leave in my owne uuWhat his way is, you have ſeen it before, as likewiſe in the examination of Capt. Titus; Give me (ſaith he) but the monies that I propoſe for, and I le have my Agēts, (for I hav enough of them) that ſhall give me a continuall account of all the Common-wealth of Englands proceedings: And by thoſe Agents I will ſpread my papers abroad, that ſhall inſtigate the people againſt the Parliament, and ſo by that power I have already, and that power my Agents ſhall make, by working upon the people, I ſhall deſtroy this Parliament, the Councell of State, and the Lord Generall Cromwel in halfe an houre.way to give him a box on the other eare: And if I do not doe it heartily, and to the purpoſe, I wil freely give them leave to account me a knave for my paines: And if I do it heartily and effectually, although it be not in every punctillio in their mode, yet I am ſure xxNote how hee openly declares to be an Enemie to this Common wealth, and would ingage in the behalfe of the Dutch to the prejudice of our Nation: Quidquid hoſtis facit jure belli agit ac ſuſpitit, & licet turpiter ſaepe facit quod ſit hoſtis, tamen cum hoſtis ſit, turpiter non bellum gerit. Arg. l. 4. Si ſed quod D. Con. Obrump. Cauſ.they can be no looſers by it.

We do not gather theſe things up, as thereby in any way to move the Generall againſt him, or that he ſhould be otherwiſe towards him then formerly he hath been: Suffer evill doers patiently. For

Nobile vincendi genus est patientia: vincit

Qui patitur: ſi vis vincere diſce pati.

But we do it to this end, namely, to ſhew that p. 107there is yyAnd the rather to be believed, becauſe we know not of any thing that he hath to lay to their charge, wherby the truth of what they do affirme ſhould bee queſtioned.reaſon to believe his Accuſers, and not he; ſeeing what they have witneſſed concerning his intent to murder the Lord Generall Cromwel, is no more then what he did reſolve to do by his owne aaThe Law ſaith, Confeſſio ſuperat omne probationis genus. Confeſſiō is beyond all other kind of proof. Bern. in l. Si confeſſ: de Cuſt: reorum.Confeſſion. Again, ſince that time, is grown more malicious, and in his later writings, hath publiquely declared a purpoſe to do the very ſame thing.

We proceed to the ſecond particular, to wit, of his intent to deſtroy the Parliament and Councel of State. That this may be true, and the leſſe doubt to be made of it, conſider,

1. During the time of his Baniſhment in the Netherlands, he counted the Parliament no other then he had done before, bbJohn Lilburn revived, ſecond letter, pag. 7.viz. Tyrants, Traytors, Murderers, Knipperdolings; Men that exerciſed a tyrannicall & arbitrary power, a kingdome of brambles, highly commending the hiſtory of Independency, as the pen-man to be an underſtanding Author: and among other paſſages cites theſe as ccIt is no marvail that hee cals this remarkable and notable, for it is no more then what he uſeth to write himſelf; ſo that in commending of it, he highly applauds himſelf.moſt remarkable, and notable, where he declareth and proteſteth that the Parliament as a combin'd treacherous Faction, have forced an Inter-regnum, and Juſticium upon us, an utter ſuſpenſion of all lawfull Government, Magistracie, Lawes, and Judicatories, ſo that we have not (jure) any Lawes in force to be executed, any Magiſtrates or Judges lawfully conſtituted, any ſuch Instruments of the Law, as a lawfull Great Seale, or any Authority in England, that can lawfully condemn, and execute a Thiefe, Murderer, or any other offender, without being themſelves called Murderers by the Law. ddMilo Crotoniates whilſt he was tearing aſunder the ſtock of an Oake, his ſtrength failing him, the Clift ſuddenly cloſing, was held ſo faſt by the hands, that he became a prey to the Beaſts of the field. The like thing is hapned to this Hiſtorian; whilſt he was cutting downe with the Ax of Treaſon the Common-wealth, hee was caught and laid faſt by the heels.All legall proceedings being now Coram p. 108non judice: Nor can this remaining Faction in the Houſe of Commons, ſhew any one preſident, eeThere have been Preſidents, Law & Reaſon enough, were not he and Lilburn like him who ſaid, Non perſuadebis etiam, ſi perſuaſeris. We ſay, nulla tam ſancta lex eſt quam non oporteat, ſi ſalus populi poſtulet urgeatque neceſſitas, mutare. Bod. de Reip. l. 4. Again, Quod non eſt licitum in lege, neceſſitas facit licitum. Againe, nihil quod eſt contra rationem eſt licitum.law, reaſon, or authority whatſoever, for their aforeſaid doings, but onelyonly their irrationall, tyrannicall votes, & the ſwords of their Armie.

Here we have Mr. Lilburn, and the Anti-Independent Historian, like Herod and Pilate, made friends. And that Mr. Lilburn may have the more reſpect among Malignants, he brings this understanding Author with him, who is (as he ſaith) a Cavallier ſufficient, even in the higheſt, and yet ſpeaks not reproachfully or contemptuouſly, but honourably of him. But could he do leſſe? ſeeing they are here, not two, but ffLike Sampſons Foxes, though their heads be aſunder, yet their tayls tyed together, with firebrands between, both ſeeking to deſtroy the peace of the Nation.all one in Traſon againſt the State, even combin'd and knit together. But to the point in hand.

It being his opinion that the Supream Authority of this Nation is unlawfull and tyrannicall, what rationall man will not think, that without the leaſt ſcruple of conſcience, he can as willingly and effectually deſtroy thoſe men in power, as ſo many Weaſels and Poulcats, as to have formerly murdered the Juncto, or Gentlemen ſitting at Weſtminſter; the later being (in his underſtanding) as very Tyrants, Murderers, Thieves, as the former were: And ſeeing his conſcience was free thus to act, ggQuerie, If he can get as many to follow him as will enable him with his ſword in his hand, whether he will not do Juſtice and Execution upon thoſe ſi…ting at Weſtminſter, as he ſaid he would do Execution upon the former.why might not his tongue be as forward to declare the ſame?

Then 2. That Mr. Lilburn did ſpeak the words whereof he is accuſed, wee have reaſon to believe; becauſe we find among his writings, that could ſuch a thing be done, it would content him very much, and the Authors of ſuch Treaſon & Murder, ſhould p. 109be reputed the true lovers of the Liberties and Freedomes of England:hhLilburn revived, firſt letter, p. 12. That it may appeare our purpoſe is to deale candidly and fairly always with him, we ſhall here inſert his own words: iiSo the Jeſuits, when they would perſwade a man to execute any bloody deſign of theirs, for encouragement, tell him that in doing ſo & ſo, he will ſhew himſelfe a true lover of the liberties of the holy Church. The great Caſe, &c.Only here is (ſaith he) their alone feare that now troubles them, viz. that in the abſence of their Land Army, the true lovers of the Liberties and Freedoms of England, ſhould have had an opportunity thereby, to imbodie together, and ſo force the eſtabliſhing of their long promiſed, and long contended for Rights and Freedoms: And then kkWe know he looks for ſuch a night, in which England may have cauſe to ſay, venit ſumma dies & meluctabile tempus Britaniae, &c.good-night Oliver, and all his hypocriticall Cheats.

It is an opinion among the Turks, that untill men come to be of their Religion, they are Meſhumadim, ſinners, and loſt; but turning Turkes, Muſulmamim, ſervati, as if then they were ſaved, and not before. Whoſoever will looke over this mans Books, ſhall find, that ſo long as people are ſober, peaceable, well-affected to the Government eſtabliſhed, they are (with him) no lovers of the Liberties and Freedoms of England: But if they turn Rebels and Traytors againſt the State (which hee calls imbodying together) llAs Saul held them all for his enemies that would not joyn with him to deſtroy David: Only Doeg is his true friend.then ſervati, gallant blades, true Burford friends, worthy Souldiers, &c.

3. Neither is it without ground to believe that ſuch words were ſpoken by him, conſidering what is here ſaid, as to the meanes and way how he would deſtroy the Parl. and Councell of State, it is the ſame which elſe-where he declares publiquely to the world, viz. by mmThere have been ſo many of theſe Agents whipt, and ſent to Bridewell (being the raſcality of the Nation) as few deſire to follow the Trade any longer.Agents which ſhould ſpread his papers abroad to inſtigate the people againſt the Parl. What theſe Papers are, and the iſſue and effect which he expects by them, he tels us thus.

p. 110I have a long time in my imagination laid downe a nnCau…e ſi non Caſte.method to myſelf (which I would not ooThat which is bred in the fleſh will hardly come out of the bones.willingly go from) by me to be uſed in appearing in print againe to the world, rationally and ppOf this we have ſpoken, viz. the ſeverall wiles and ways w^ch hee hath uſed to deſtroy the Parl. & Army.methodically, to prepare and make way for my former Appeale to the qqHere wee muſt underſtand his Agents, for to others his writings have bin a trouble and a burden, but qualis herus talis ſervus.body of the People of England. Now to know his meaning here; This writing is intended againſt his cruell Judges, who meerely for the accompliſhing their owne ends, tooke away the Kings life, that ſo when they had ſlain him, they might take poſſeſſion of his Power and Estate, and at their pleaſure rrWho tooke away 2000 acres of land, & divided it?divide it among themſelves, and their ſlaves, and by the strentgh and power of it, ſſThe fruit of a tree in the Weſt Indies called Yogma, will fatten ſwine, but it's naught for men. We ſee how this man fills his belly with reproaches and rayling, which to others is moſt hatefull.domineer arbitrarily and …yrannically over the lives, liberties, and Eſtates of the anciently free people of England, &c.

Therefore to deſtroy theſe Tyrants, I will (ſaith he) do the best I can in my Appeal, to diſcover the cheats of Alchymie Saint Oliver, and his graceleſſe Tribe in that Vote: Alſo I will ttHere ſome things are left out, viz. with Machiavels principles, and Jeſuiticall doctrine.instruct the people of England, in the beſt way, method, or form that I can, to ſet themſelves in, to obtaine the reall exerciſe of their declared rightfull ſupream power. And alſo produce them ſeverall uuNamely from John of Leyden, Wat Tyler, Cades, Kets, & ſuch like, having gotten the quinteſence of them all.Preſidents from the practice of the people in the Ancient and moſt famous Common-wealths of Rome, and the Ancient Graecian Common-wealths of Athens, Corinth, Thebes, &c. yyIf he have read ſuch Stories, he can tell us ſomething, how the Supreame Authority of theſe Common-wealths dealt with Incendiaries, and can tell us of hundreds, ſome that have been baniſhed, others put to death for leſs Treaſon, then he hath commited againſt our State.How they practiced their Supream power upon many occaſions, even upon the greateſt Generals, Noble-men, p. 111xxIf he had not told us this himſelf, we ſhould not have thought he had read much more then Magna Charta, and our owne Engliſh Law-books.Senators, or Parliament-men they had. And there is abundantly more Reaſon and Ground for the people of England, NOW TO CONTEST EVEN TO THE DEATH for the Election from among themſelves of Tribunes, or Keepers, or Defenders against the annihilating incroachments, that their preſent tyrannicall Riders have already made upon them, then ever in the dayes of old, &c.

Whilſt there was a conteſt among the birds about a Roſe found in the way, a miſchievous Owl came in the night and carried the flower away: It is probable enough, could he but occaſion the aaThis conteſt which he ſpeaks of is like the Herb Cohobba, w^ch. being ſnuffed up into a mans noſtrils, makes him mad; ſuch a powder he gives to his Agents.conteſt he ſpeaks of, viz. make a diſſention and breach between Parliament and people, hee would cunningly deceive all parties, and get the Roſe to himſelfe. But let us heare what he ſaith further.

And alſo I will bbHis ſhewes are like thoſe fires which by night appeare burning on hills, which if a man follow, they will inſenſibly lead him into terrible downfalls; the truth of w^ch he hath experienced himſelf, and many more by his occaſion.ſhew them Grounds and Reaſons to demonſtrate clearly to them, that there is in manner a great neceſſity for them to conteſt for the eſtabliſhing by a law (as to conteſt for the fafety of their lives) thoſe two eſſentiall Maxims, without which England in a Common-wealth can never be free. viz.

Firſt, that the Chief Commander of their Militia, or the Generall of their Forces, by Sea or Land, be often removed, at leaſt once every two years, upon pain of ccThe Romans in great perils created a Dictator, by whoſe command all things were done It is much, ſeeing Mr. Lilburn is ſo skill'd in hiſtory (ſpecially the Roman) that he acquaints not the people with this office; it's likely he thinks they would not chooſe him, and therefore it's conceal'd.immediate death upon the leaſt refuſall to ſurrender his Command.

2. That they make ſtrict & ſure proviſion for the keeping out at one and the ſame time divers of one familie or kindred in their chief places.

Seeing Mr. Lilburn pretends to have ſome knowledg in the hiſtory of Common-wealths, wee ſhall tell p. 112him what was practiſed in the Common-wealth of the Lycians. There it was ordained that all thoſe that propounded any Novelty in matter of State, ſhould deliver it in publick with ddThat which he hath publiſhed ſince his coming over concerning Parliaments, not having power to alter fundamentall Laws, is ſuch a noveltie as hee had been hang'd for it, had hee publiſhed it among the Lyſians.a halter about his neck, to the end if their Propoſitions, were not found to be good and profitable, the Authors ſhould be ſtrangled in the place: That theſe things are Novelties, he knew well enough; and we know as well, that in propounding them, he meant neither good, nor profit to the Nation: But like an Enemie without the walls, caſteth Granado's and Wild-fire in, not regarding where it falls, ſo it may doe ſome miſchiefe and hurt amongſt us.

But one thing here, is remarkable, to wit, how evidently his own groſſe hypocriſie is diſcovered by himſelf. Mark all Readers that have ſenſe; he pretends as if the Liberties & Freedoms of the people were deare to him, and hence it is, that he writes ſo much againſt Tyranny and Oppreſſion. Whereas it is eeThe Jeſuites proteſt to live by begging, yet ſo uti, vel non uti prout commodum vi deretur, to do it, or not, as they ſee occaſion. Hiſt. Trent, l. 10. ſo is he for the peoples Libertie, to ſpeak or not to ſpeak of it, as he ſees it is beſt for his own advantage.otherwiſe, his mouth witneſſeth againſt him: For thus it follows.

If by the help and benefit of this intended Appeale, the people of England come to aſſume unto themſelves the true excerciſe of their publick declared power, that their preſent Tyrants in words have already inſtated them in, and deal with my grand Adverſaries thereby according to their demerits. Let my bloody and malicious Adverſaries THANKE THEMSELVES IN NOT LETTING ME ALONE TO SIT UNDER MY OWNE VINE IN PEACE AND QUIETNESSE. ffAnd ſo much hath apeared in all Incendiaries and diſturburs of States: Only their own Intereſt, becauſe they have been unſatisfied in ſome things concerning themſelves: Thereupon have made Inſurrections & Tumults, and to draw the people in with them, have cried up Liberty & Freedom, whereas the publick good was not at all minded.So then if Mr. Lilb. had been let alone, and not croſt in his will and way, p. 113there had been no Appeale made, No Hue and Cry after? Tyrants, Murderers, Thieves, &c. nor any need or cauſe ſo to do. It was not the peoples Liberty & Freedom that mov'd him thus againſt the State, but (as he ſaith himſelfe) his owne private Intereſt: namely becauſe he could not have ſuch things (as ggBut that we think hee underſtands not Latine, otherwiſe one would have thought he had read Seneca, where it is ſaid, Pecunia ingens generis humani bonum: cui non voluptas matris, aut blandae poteſt pareſſe pralis, non ſacer meritis parēs.money, lands, preferment) as he expected: All which we know to be true, had not his own mouth ſpoken it.

Wee come now to the third and laſt particular, viz. To ſettle Charls Stuart, King of England (as he called him) in his Throne in England. That he ſhould thus ſpeak, and promiſed ſo to do, wee have theſe reaſons to believe that the ſame is true.

hhNeither hath any man ſhewed himſelf a greater diſſembler then he hath done in this particular, viz. in doing as much as any man to have the K. put to death, and afterward to pretend he was againſt it.iiLilburn revived, 2 letter, p. 6, 7. we only relate what hee ſaith himſelf as ſpeaking now to the Caval.No man (ſaith he) was more againſt the putting of the laſt King to death then myſelfe, and ſpake more to the Grandees teeth about it, then all the Cavalliers put together in one, avoidably durſt have done. Yea ſo highly diſpleaſed was he with that action, that had there been two ſons of his own Judges in the high Court of Juſtice, he would have kkThis is the man, who a little before told us, that if he had been let alone, he would never have medled with matters of publicke oncernment.chopt off both their heads for conſpiring to overthrow and deſtroy the liberties of the Common-wealth: following herein that famous and renowned Conſul Lucius Brutus in Rome. See here how like another Jehu he calls out to the Cavalliers, See my zeale to your Lord and Maſter.

Againe, llAn Out cry of the young men, p. 2.the King moſt illegally was put to death, by a ſtrange, monſtrous, illegal, arbitrary Court, ſuch as England never knew. This ſpeech of his is much like the Anſwer which mmCicic. de divin.Pythius the Prieſt gave to Pyrrhus the King of Epire.

Aio te Aeacida Romanos vincere poſſe.

p. 114An Anſwer ſo dubious and diſcrepant, as it cannot be gathered from it, whether He or the Romans ſhould overcome: his ſpeech here is of the like ambiguity and darkneſſe. For ye cannot directly ſay, whether he thought the King guilty and worthy of death, yet ſo, as not to have ſuffered in the manner he did: or whether innocent, and ſo not to have ſuffered, (as to his life) in any judicatory way at all. Now in this, there was ſome reaſon why hee ſhould not be nnThe Turkes Painter being to ſet forth ſeverall Nations according to their dreſſe and habit, leaves one people naked: and being demanded a reaſon thereof, Anſwered, he knew not what apparell to put on them. So we muſt here leave this man naked, as being aſhamed and affraid to ſpeak out his mind as to the taking off the Kings head (as waving the mā ner of the proceeding) whether as a King the people could have put him to death or no. Machiavels maxime is, that in deſigns men muſt be cloſe, and in Conſpiracie againſt the State, the complotters therof muſt not paſſe the number of 3 or 4.too open, for thereby he might have loſt the Intereſt of ſome parties, in not joyning with him in the GRAND DESIGN.

2. Not only hath he apparently declared, Prince Charls Apparant Heire to his Fathers Crown and Throne, but likewiſe in his former papers hath moſt treacherouſly perſwaded the people to receive him, as being a thing juſtifiable before God and man, and very much to the proſperity and welfare of the Nation; his owne words are theſe.

I do not ſee but you may more justifiably before God or man joyne with the Prince himſelfe (yea I am ſure ooJudg Reader, whether this man would not ſooner joyne with Charls Stuart, then with the Intereſt of the preſent Government, if there ſhould be any engagement in War between them; who affirms that it is better a thouſand times to joyn with him, then to the preſent Government.a thouſand times more juſtly) then the preſent ruling MEN: and if we muſt have a King, ppNot for any love to him we dare ſay, but as a Thief, cares not how, nor which way be take away the true mans purſe ſo he hath it. Juſt ſo it is here; If he might but once ſee this Common-wealth deſtroyed; As for the perſons, who they were that did it, it would be all one to him, either Stuart or Turke.I for my part had rather have the Prince then any man in the world, becauſe of his large pretence of Right, he being at Peace with all Forreign Nations, and having no Regall pretended Competitor.

p. 115He that thinks Charles Stuart hath more lawfull right to the government of this Nation, then the preſent Supream Authority, and that the people ſhould do better, if he were here ſetled King: why may not we think that his coming lately over, was of purpoſe to effect ſome ſuch thing?

The Athenians having conſpired againſt Darius the Perſian, he commanded one of his ſervants, that alwayes as he ſate at meat, he ſhould thrice cry, here memento Athenienſium, Sir remember the Athenians. As we find all along ſo much treaſon and conſpiracy plotted by him againſt the Common-wealth, ſo we know it is our duty to ſpeak of it unto ſuch as are moſt concern'd to look after it. Praeviſa minus Laedunt, fore-warn'd, fore-arm'd: It is eaſier to ſhun the ſnare, then being in, to eſcape.

But 3. The great familiarity which was between him and the Cavalliers, whilſt he was reſident in the Low Countries, qqIt hath ever yet beene held a maxim of all Stateſmen, to look on thoſe no other then Traytors, who keep cloſe correſpondē cy and familiarity with ſuch as are known Conſpirators a-againſt the State.is ſufficient to demonſtrate the truth of the Charge in this particular. And for the pretences which he makes, whereby to excuſe him ſelfe, wee find them to be rather matter of proof, rrHe would make us believe that the occaſion of the great familiarity between the D. of Buckinghā and him, was, that hee ſhould be an inſtrument for the others liberty here in England. And is not this a likely thing, that Buckingham ſhould be ſo ſimple, as to make uſe of him, or to propound any ſuch thing really to him? knowing him not only to be baniſhed, but one whō the State of England did account as treacherous and dangerous to them, as the Duke himſelf, or rather more.then any way to weaken the Teſtimonie. Thoſe that were the Parliaments Friends, with them hee neither tooke, nor deſired acquaintance: but ſuch as were known to be their greateſt Enemies, were evermore his familiar and ſpeciall Aſſociates: Inſomuch as by letters from thence we were often advertiſed, to take heed of Lilburn, who had ſuch cloſe and ſecret converſing with our Enemie, as did plainly ſignifie p. 116there was ſome treacherous deſign amongst them againſt the peace of this Nation.

When the Carthagenians underſtood of Alexanders intent and great preparation for Affrica, Am…car ſent one out, who feigning himſelf to be an Exile, and baniſhed, might be accepted with Alexander, learn his ſecrets, and as occaſion ſerv'd, give him an account thereof. Mr. Lilburn would have made the world believe that he was ſent over into Holland as a Spie, to diſcover unto the State here the counſels of the Cavalliers. But (hoccine credibile eſt aut memorabile) how could hee thinke that any ſſUnleſſe hee thought us to be like the Blemmye, a people who have neither heads nor eyes, and ſo could neither ſee nor underſtand things though as clear as the light.man ſhould imagine ſuch a thing.

1. Having proteſted againſt the putting of the Father to death.

2. Shewed ſuch large affection to the Son.

And 3. for this Government, none had more oppos'd it, nor done halfe ſo much for to deſtroy it, as he had done.

So that the Cavalliers had no Reaſon to miſtruſt him, but might freely and ſafely take him into their Counſels, there being nothing intended by them as to the overthrow of the preſent Government, but wherein he was one with them, and ttAnd as this is truth, ſo poena gravior gravius peccanteb: debetur paenae autem leves non poſſunt refraenare Juventatis inſaniam, & inge…ij ferociam: Neque poſſunt ita facile rerum bene ſtarum contemptores ad temperantiam reducere.more forward and active then any of them to put it in execution.

4. When Saul ſought to excuſe himſelf, he was demanded of Samuel, quid ergo ſibi vult vox pecudum iſtarum? what meaneth then the bleating of the ſheep in my eares? So we may ſay to Mr. Lilburn, denying the Charge, what means the tumult and noiſe of the Malignants for him? why are his Juries ſo corrupt, as contrary to Law and Juſtice, doe acquit him? p. 117wherefore doe all ſeditious people ſeeke his uuAs the Iews, though they were of ſeverall Factions, yet agreed all together to have Barabbas releaſed, who had made an Inſurrection in the Citie, and to have Chriſt put to death: ſo the Enemies to this preſent Government (howbeit differing among themſelves) yet in this do all accord, viz. to have Lilb. ſet free, one that hath ſought to make many Tumults and Revolts in the Nation, and would rather have honeſt men to ſuffer then he.enlargement? It is not for any love they have to him, or deſire of his advancement: But knowing how artificially be can plead their Cauſe as to the re-eſtabliſhing of Monarchy, Tyrannie, Epiſcopacy, under the fair pretence of Liberty and Freedome, all this ſtir and trouble is made about him.

So the Rower in the Boat waſtes the paſſengers over the River, they are contented, though all the way he lookes on the other ſide. What cares the Cavalliers, which way Lilburn looks, whether hee ſpeaks for them or againſt them, all is one; they know what his work is, and what he is come about, namely to waft over if he can, Charls Stuart, and to ſet him upon the Engliſh Throne.

5. And laſtly, this particular Charge is the more likely to be true, not only becauſe he hates the preſent Government, and deſires the ruine of it, but becauſe there is no way more probable to accompliſh what he would have done, then to joyne with the Cavalliers in Charls Stuarts Intereſt. It is ſayd of Tiberius, he would have Caligula to reigne, that hee might deſtroy the people: Upon ſuch an account would Lilb. ſettle HIS KING among us, xxHence is that ſaying, Homo non homo; iratus. Againe, magna ira multos peridit mortalium.meerly to deſtroy godly and honeſt men, in their Religion, Liberties, Laws, Lives. Not of any good will to him, but that hee might be yyIt is reported of Bajazet, that ſhewing one day the pleaſure of hawking to the Count Nevers, cauſed almoſt 2000 Faulkners to be kill'd for one Hawk that had not flown well. In ſuch a way for all the world would he be revenged upon the Nation, becauſe ſome have not flown or acted to his mind, through diſcontent, multitudes muſt periſh for it.revenged on thoſe which would not have him to domineer and play the Tyrant.

Having ſhewed his actions both at home and abroad, p. 118we now come to ſpeak of his return; And here are many things, very remarkable, as to the time, manner, and other circumſtances,

1. We are altogether unſatisfied, as to the occaſion of his coming over. He had before declared to the world; That England was too little for him and Cromwel: And was totally and poſitively reſolv'd (if he could chooſe) never to ſee England, ſo long as Cromwels moſt hatefull, deteſtable, and bloody tyranny laſted, unleſs it were in a way to purſue him as the aaTacitus mentioneth one Vibulenus, much like this man, who cauſed a mutinie among the Souldiers, by accuſing falſly the Lieut. Now the things w^ch he charged him with, were moſt horrible, but all untrue; yet he thought it would take the more with the ſouldiers, becauſe he did accuſe him of ſuch foul and groſs things.grandeſt Tyrant & Traytor that ever Engl. bred: and had rather live in a voluntary widowhood all his days, then to live under Cromwels bloody Tyranny.

Again, when he was here, he was ſcarce able to reſiſt the dangerous and hazardous temptations concerning the killing of him: Yea, and had reſolved at the Parliament doore to have murdered him, but for the Reaſons formerly mentioned: Theſe are his own words.

Now taking it for granted (as wee ſuppoſe hee would have it ſo to be taken) that LIEUTENANT COLONEL JOHN LILBURN is not aliud ſtants, aliud ſedens, one while for the thing, another while againſt it; but as he ſaith himſelf bbThere is a paſſage of his worth the obſerving: I was told (ſaith he) that the Gen: upon the Tueſday that I was called to the Barr, &c. appeared openly in the Houſe as the grand and principall man that cauſed me to be baniſhed; in all which regards and conſiderations, I was then of opinion, and yet am not fully altered, that I had juſt cauſe to write and ſpeak as evill of the Generall, as my tongue or pen could invent: A defenſive Declaration of Lieutenant Colonel John Lilburn, p. 15. Note 1. That this was ſince his coming over. 2. How hee ſtill raiſeth his reproaching of others, from his own particular Cauſe and Intereſt. 3. For ſuch as doe him wrong, hee hath juſt cauſe to write and ſpeake as evill of them as he can. This later is his owne doctrine, not Chriſts.ſetled, fixt, conſtant, ſemper idem. We muſt neceſſarily conclude (and all rationall men with us) That the Reaſon of his Return was for the proſecution and execution of his malicious and bloody intent: And becauſe it is poſſible he is as well skil'd in Logick as Law, we ſhall frame an Argument, Thus.

p. 119Mr. Lilburn reſolv'd and purpoſed, if ever he came into England, it ſhould be to destroy the Lord Gen: Cromwel:

But M. Lilburn in his reſolutions and purpoſes is faſt, ſettle, conſtant.

Ergo, Mr. Lilburns coming over into England, was to deſtroy the Lord Gen: Cromwel.

Neither the Propoſition nor Aſſumption can be excepted againſt, or denyed; For wee have his owne hand to prove both.

Gregoras his Fox (in the fable) being black'd over with Ink, told the Poultry, he much repented him, to have uſed them ſo ill; but that hereafter they might converſe with him, ſince his habite and condition permitted him not to live otherwiſe then innocent. We could not perceive that Mr. Lilburn before he came amongſt us, had done any thing, as to a viſible change in outward appearance: we never ſaw ccHe ſpeakes ſometime of living peaceably and quietly under the preſent Government, & at the ſame time diſperſed ſeverall printed papers full of ſedition.any Blacke that hee had, no ſorrow or repentance for his former Inſolencies and miſcarriages: But as if he ſhould have ſaid, Ille ego qui quondam; Behold I am the man, who whilst I was here, and ſince my abode beyond the Seas, have ſeverall wayes ſought the deſtruction of this Common wealth, and without any change of my reſolution, mind, or puurpoſe, am return'd again unto you.

2. Concerning the Paſſe which he ſpeaks of, in a letter to his wife. Here wee cannot but admire the mans preſumption: That be ſhould not ſeeke for a Pardon, but a Paſſe: as if the State would have been ſo careleſſe and improvident of the peace and ſafety of the Nation, as preſently to have ddAs the Trojans did when they tooke in the wooden horſe, in whoſe belly lay hid the Grecian ſouldiers, Dividimus muros & maenia pandibus urbis, accingunt omnes operis: But what follows? Incluſos utero Danaos & Pinea furtim laxat clauſtra Sinon, illos Patefactus aut auras reddit equus laeti que cavo ſe robere promunt. No leſſe could be expected to cōe out of his head & heart, but dangerous plots cloſely hid againſt the State.opened their gates, and let him in, whom they had cauſe to ſuſpect, p. 120purpoſely came over to betray them.

But 2. how is it that he ſeeks now to the General for a Paſſe, ſeeing not long before, he profeſt it could not ſtand with the ſafety of h… life, nor could hee be ſecure, ſo long as Cromwels abſolute tyrannie lasted, upon any promiſes that he could make before God or man: For by too large experiences, h… judged him as falſe as the Devill himſelfe, and one whom he would eeWee find in his writings, that he confeſſeth the Generall had been very reall and helpfull to him, and had done him many great kindneſſes; but ſetting aſide his reproachfull language, there is not only reaſon or cauſe, w^ch he ſhews, why he ſhould not truſt him.never truſt again whilſt hee breathed, let him ſweare and proteſt never ſo much.

Here is a great ſecret, that Mr. Lilburn ſhould deſire a Paſſe, and afterward petition the Generall for his Enlargement, and yet neither truſt him, nor believe him.

Now we may not charge him, as to be fickle, wavering or unconſtant, but reſolute; the ſeeming contradiction is to be reſolved thus:

Hee deſires leave to return, and liberty to goe where he liſt: not that he would believe, or truſt the Generall, or thought his life any way ſafe, or ſecure to live under him: but having ſuch an ffThe fiſh feels the hook before ſhee…es it: Quod pa…am hoc clam.advantage, he made account to bring to paſs his deſigned Treaſon the ſooner, eaſier, and more effectually.

Mariners when they tack about, alter not their courſe, it is only to take more wind into their ſails, that ſo the Veſſell may run the ſpeedier, and come the ſooner to their Port. This was only hhAnd the rule is good: Satius recurrere quam male currere. Quod male caeptum eſt, ne pigeat mutaſſe.a Tacking about for the wind ſake, no change of mind or reſolution: And we muſt needs ſay, as to the thing intended, he ſhewed himſelf a master worke-man, for there was now a neceſſity of ſuch a Leevere, or turning iiTo have turn'd much, it would have given occaſion of ſome ſuſpition to …he other party, as if he had left them, and declin'd heir cauſe. In medio tutiſſimus ibis.a little to reach the haven of his expectation.

p. 1213. We find that it hath been the ordinary practice of all Incendiaries, both in this Nation and elſewhere, whenſoever they have intended to put their premeditated Treaſon in execution, to do it upon kkNoſce tempus, or tempori pari is the old ſaying.a change of the Government of the State: partly becauſe things are llA ſtake or a pole that is looſe in the earth, is eaſily taken up and carried away, ſo here.then unſetled and looſe, and partly becauſe at ſuch Turnings and Changes many men are mmSuch perſons are uſually like weather-cocks, to move & turn about, if any ſeditious wind blow upon them.unſatisfied, and diſcontented, and ſo the readier to make tumults, & inſurrections. And this was not unknown to him, whoſe knowledg in ſedition hath exceeded moſt: And therefore takes the advantage of Our Change, there being no fitter opportunity then now, to manage his owne preſent buſineſſe, as a maſter-workman to the purpoſe.

4. In the Letter to his wife, a little before his coming over, he preſſeth her very much nnHere is another myſterie, why ſo ſpeedily? unleſſe to ſtrike whilſt the iron was hot. Indeed time muſt be taken, fronte capillata eſt, poſt occaſio Calva.ſpeedily to get him a paſſe: And one reaſon moving him (as he ſaith) to make the more haſt, is, becauſe if I come over, and finde things in a handſome way to my liking, I have ſomething of very great conſequence to ſay ſpeedily to ſuch a great faithfull man, as I ſhall truſt. The Law ſaith, ooDubium in meliorem partem accipiendū. l… cum Creditor, de furtis.A doubtfull action is to be taken in the better part, and the ppIn re dubia benigniorem ſemper fieri interpretationem. L: proxime C: de his quae in Teſtdel.fairer interpretation muſt be made.

Againe, qqNobiliores praeſumptiones ſemper in dubijs eligendas. L. merito pro ſocio.in doubts the nobler preſumptions are alwayes to be choſen. Now howſoever our deſire is to walk (rrRatio ſit linguae & orationis Mode…a…ix. where we can) by ſuch charitable and Chriſtian rules. Nevertheleſſe conſidering here, the condition of the man; As

1 That he counts few to be honeſt and faithfull, but Rioters, and ſeditious perſons.

2 What he calls matters of great conſequence, are p. 122ſſWhoſoever ſhal read over all his printed papers, ſhal find that they contain little elſe, but either reproaches & aſperſions caſt out againſt particular men, or ſowing ſeditious ſeed in the Nation.ordinarily Conſpiracies and Treaſons againſt the State.

3. To have things ttQuerie, whether that were not a handſom way when his true Burford friēds revolted? And ſo when the Rioters layd waſt the Incloſures, and deſtroyed mens corn, & habitations? No doubt this was to his liking.in a handſome way, and to his liking, is to have the Nation in blood and warr. We ſay, the caſe ſtanding thus, we cannot but conclude, that this paſſage contains a laying of a ground or foundation in order to the promiſe which he made to Hopton and others, viz. to murder the Generall, deſtroy the Parliament and Councell of State, and to ſettle Charls Stuart (King of England, as he called him) in his Throne in England.

Before the creature brings forth her conception, we certainly know what it will be, as to the kind and nature, whether man-kind, bird, beaſt, &c. by the male in whoſe womb it is. It is eaſie to gueſſe what Mr. Lilburns conceptions are, and ſo ſutable what he will bring forth, by knowing his nature, and what uuHitherto omnia fuit, & nihil fuit, as one ſaid of Severus.hitherto he hath brought forth, as ſo many baſtards of his own begetting.

5 In the ſame Letter he writes thus. But if our new Councell of State or Governours will not caſt a favourable eye upon me, but either denie xxTolle mores: ſemper nocuit differre paratis. Again, Tu propera, nec te venturas differ in Horas: Qui non eſt hodie, cras minus aptus erit.or delay me a Paſſe, ſo that the next Post I heare not of it, I ſhall then take it up for granted, that Major Gen: Harriſon (being as I heare one of your New Councell of State) is my Principalleſt and Grandest Adverſarie: and accordingly, I ſhall only take a riſe, from what I was informed, he ſaid in the Houſe at yyNote how at his laſt Tryall h… uſed theſe words; I call Jehovah to witneſſe, and doe proteſt before God, Angells and men, I a… not the perſon intended to be baniſhed in that Act. Speaking of the Act whereupon he was indicted, and yet (forgetting the proverb, that a lyar hath need of a good memorie) here hee confeſſeth that he was the ſame John Lilburn.my baniſhment: and what he ſaid publiquely at Alhallows (when from Dover I ſent my Letter to the people that met there) To write him ſuch a letter, which already p. 123in my zzThis in likelihood wil be a piece more ſolid then the reſt when it comes abroad: becauſe by his former writings he hath ſhewed to have more ſand then brain in his head.braine I have conceived, as will no way pleaſe him.

What, ſo high already? and the thing already contrived in his head? This is much. No doubt it was ſome Arraignment, or Hue and Crie. It is is likely it will come forth; for his head is like a ſieve, keeps nothing in it. But aaWe find the cauſe of his brain-deſign againſt Major Gen: Harriſon, to be thus: The Major Gen: had ſaid (as he ſaith) that there was no credit to be given to him, becauſe he had found him ſo falſe: Now ſee how tender the man is of his owne good name: But for others they muſt ſit ſtill & beare all his reproaches.why, if the Paſſe be not granted, muſt Major Gen: Harriſon be his principalleſt & grandeſt Adverſarie? It ſeems the Gentleman being judicious, and of ſingular diſcerning, obſerved more then other men, the deceitfulneſſe of his wayes, and ſo became an inſtrument to preſerve many honeſt hearts (as ignorant of his wiles) from being taken by his ſnares; now this he cannot forget: But ſound Drums and Trumpets, and have at thee Harriſon with all my might.

Wee queſtion not, but the Reader will here obſerve with what ſpirit this man came over: And the good hand of God towards us, that ſuch reſtleſneſs, ſelf-revenge, and malice, ſhould thus ſtill be diſcovered by his own bbhe ſcorns to do like thoſe beaſts, which wipe out with their rayle the print of their feet, leſt the purſuers ſhould follow them by their track.mouth.

This is the man that makes account to be the Inſtrument and Actor, for the Reſtauration of our Freedome and Libertie.

Now herein wee know not whereunto better to like him, then to that Bird, which was brought to a certain Citie, to devour the Offals and Carrion, about the place: but her owne dung was ſo much, and ſo intolerable, as they were ſoone weary of her, being ccNero in the beginning of his Reign complained much againſt the ill government of his Predeceſſors, but afterward was worſe then they.worſe a great deale then they were before.

6 Not to ſpeak of the frequent meetings, and p. 124great familiarity, which a little before his return, he had with Jamot, Layton, Whittington, and other Cavalliers in ſeverall places: Being at Callais, immediately before his laſt coming over, he ſpent a day or two with the eeNote, that one in the next chamber heard them diſcourſe of the Lord Gen: Cromwel, of whom Lilburn ſpake very ſlightly, ſaying, Cromwel, what can Cromwel doe? The information of John Staplehill.Duke of Buckingham, and ſome Colonels of the late Kings Armie, where he and they, with other Arch Cavalliers ffIt is a Spaniſh proverb, dime con quiem ánd is y dezirte be quiem eres. Tell me with whom thou goeſt, and I will tell thee what thou art. Had we not other marks to know Mr. Lilburn by, his familiarity with theſe men, were enough to ſhew that hee is a trayterous Enemie to this Common wealth.dined and ſupped continually together, who at his departure, brought him at midnight to the waters ſide, where he with two Cavalliers (embarqued all in one boat) went away together.

The Virgins in Cyprians time, granted they walkd with young men, talked with them, went led with them; but when they came to the Action, they abſtained. Some ſuch Apologie (perhaps) hee will make for himſelf: Familiar they were, but not cum ſtullis ſtultiſcere, & cum vulpe vulpinari: No action. But as vaine and unſatisfactorie, as ever was devis'd, to excuſe an Enemie by. Here wee may ſay in his own words, We are too old with ſuch gins to be caught. We have learnt ſo much Law, and Reaſon too, as not to believe an accuſed perſon upon his bare denyall of the fact, where we have cleare demonſtration and proof to the contrary.

7 No ſooner is he ggTwo Aſſertions we have already proved. 1. That no man hath been baniſhed out of this Nation for greater Crimes then hee hath done againſt the Government eſtabliſhed. 2. No Engliſh-man in the time of his baniſhment, ſhewed more malice, or contrived greater Treaſon againſt England, then he did in the time of his being beyond Sea. Our third Aſſertion is this: No man baniſhed out of England, being returned againe, ever offered ſuch inſolencies, and high contempt againſt Authoritie, as he hath uſed ſince his coming over, ſpecially for the time. And here we begin at his arrivall to prove the ſame.arrived in England, but at Canterbuire, in his way to London, he preſently begins to boaſt of his own intereſt here; ſaying, hee had no need of a Paſſe, being as good a man as Cromwel, and that he did not feare what he could do unto him.

p. 125Geeſe (they ſay) when they flie over Taurus, keep ſtones in their mouths, leſt by gagling they ſhould diſcover themſelvs to the Eagles, which are amongſt the Mountains, waiting to take them. But Mr. Lilburn in his flight, feared no apprehenſion, he ſcorns Authority, and thinks himſelfe as potent as any man, and therefore will hhNeither follow this coū ſell, virtutem primam eſſe puta compeſſere linguam.not have his mouth ſtopt, but ſpeaks great ſwelling words, as if hee meant to have put the whole Nation into a dreadfull fear of him.

8 And laſtly, what could any rationall man underſtand, by his appearing ſo publiquely, and ſending by his Agents papers abroad, to acquaint people in all places, of his being in the Citie, and where he was, and how to come to him, but a treacherous deſign to iiIf the ſparkles which a man ſtrikes out of a flint do not take & kindle, it is otherwiſe then he would have it; he uſeth the ſteel and the ſtone to have fire. That theſe ſparkles of ſedition took no effect, no thankes to him.gather a partie to him, whereby to make new Tumults and Commotions in the Nation. And thus much for his coming over.

For his carriage ſince, it may be conſidered two wayes:

1. What he hath ſaid.

2. What he hath done.

Of theſe we ſhall ſpeak diſtinctly, and in order. Upon his Tryall at the Seſſions in the Old Baily, he ſpake, and aſſerted the particulars following.

1. Concerning the Act whereupon he was indicted, this he ſaid; It was a lye and a falſhood; an Act that hath no Reaſon in it, kkSmith in his Book entituled The Common wealth of England, ſaith, that which is done by the Parliament, is called Fiſt, ſable, & ſāctum, and is taken for Law, l. 2. ch. 2. This man knew better the power of a Parliament then Mr. Lilb.no Law for it: It was done as Pharoah did. Reſolved upon the Queſtion, that all the llOne thing here he forgets to tell the Jurie, that as Moſes, one of the male children being preſerved, was afterward the inſtrument and meanes of their freedom and liberty. So he had foretold of himſelf (as one of the reaſons why he kill'd not the Gen:) that he did believe he ſhould be an Actor or Inſtrument to procure the full reſtauration of our Engliſh Liberties and Freedoms. Lilburn revived, 2 Epiſt. p. 2.male children ſhould be murdered: That if hee dyed upon this Act, he dyed upon the ſame ſcore that Abel did, being p. 126murdered by Cain. That the Act was a voyd Act, a printed thing, there being no one Punctillio or Clauſe in it grounded on the Law of England, and that it was an unjuſt, unrighteous, and treacherous Act, and that he doubtted not to ſhatter that Act in pieces.

Wee read of one Theodoſius, who having denyed Chriſt, made it afterwards his ſtudy to caſt reproach upon the works and ways of Chriſt. This is Mr. Lilburns practice here, having been a continued Enemie to the State, and for his intolerable inſolencies and miſcarriages, neceſſarily baniſhed, he ſeeks to help himſelf by villifying and undervaluing Parliamentary Acts: not that there was any truth in it, nor ſo much as good ſenſe in his words, neither any thing as proper to the Jury to heare, much leſſe to be Judges of: But as children and fooles, will part with ſilver and gold, if a counter or toy for it be put into their hands: ſo he knew, by ſuch mmA man that hath experienc'd a thing and found it right, will make uſe of it againe upon the like occaſion. By Impertinences and by-talke, he eſcaped the time before, and therefore would take the ſame way againe.by-talke, and impertinencies (ſpecially rayling againſt the proceeding of the Parliament) how to take away from his twelve men, their reaſon, judgment, and conſcience.

2 Concerning the late Parliament, hee ſaid, that nnThe Moabites called their God Baal…ognez, the God of Thunder. But the Lord in ſcorn call'd him Baal-peor, the god of opening, or of a crack. Unleſſe it be ſuch as do adore him: For other men, they value his words but as cracks and winde.they could not make an Act of Parliament ſince the Kings head was cut off. Here the man takes off the vizard from before his face, and will no more trouble the Attorney Gen: about producing ſufficient and legall witneſſes; but for the Treaſon w^ch he ſpeakes, he reſolves now to abide by it. Nevertheleſſe, wee cannot tell, but he may have here ſome Jeſuiticall Equivocation: As it was a common practice among young Students in the time of the Dunces, that in diſputation, when they were brought to an inconvenience, p. 127were it never ſo abſurd, they would have a diſtinction, though without braine or ſenſe: So poſſible he will ooSo the like concerning the proteſtaon which he made, that he was not the John Lilb. intended in the Act of his baniſhmēt; here no doubt he hath a diſtinction: now tell what it is, & eris mihi magnus Apollo.have a diſtinction between a lawfull Parliament, and making an Act of Parliament: that is, it may be virtually and formally a Parl. and yet want power, or not be in a capacity to make an Act of Parliament: And we are the more perſwaded to think that he will make ſome ſuch Dunce-like diſtinction, becauſe he knows; Whoſoever ſhall ſay, that the laſt Parliament Aſſembled was unlawfull, or not the Supream Authority of this Nation, ſhall be taken, deemed, and judged to be high Treaſon. But we ſhall leave this to himſelf, and proceed.

3. He ſaid, ppIf a Child might have its choiſe, whether to burn the rod, or ſpare it: we know in this caſe what hee would do: The Jury being Judges of the Act, and law, that is either to repeal it, or let it ſtand, had reaſō to make it null for their owne ſafety. A dead Lion cannot bite.By the ſame Law they voted him to death, they might vote his qqThey muſt needs be ſo; for they are of his owne chooſing, and wiſh as much good to the State as he doth.honeſt twelve Jurie men. Was not this a very winning Argument? and enough to work effectually and feelingly upon the affection of the Jury? It being for all the world, as if ſome Arch Thiefe or Murderer ſhould ſay; Yee Gentlemen of the Jurie, take heed what you doe in my Caſe: For if you hereafter ſhall be found rrAs who knows but what your heart thinks may come out at your mouth one time or other.guilty of ſuch Robberies and Murders as I have committed, there will be as much reaſon and Law that ye ſuffer as my ſelfe.

Cleonides being askt, why he ſpared the Argives, who had ſought to deſtroy their Countrey, anſwered, leſt (ſaith he) we might want ſuch men to exerciſe our youth. If we conſider the weakneſſe and vanity of Lilburns words, and how corrupt and unjuſt his 12 men were, in their verdict. In ſtead of that anſwer (or rather no Anſwer) which they gave at the time of their Examination before the Councell of State; they might well and truly have ſaid, Wee p. 128have ſpared him, ſſIn the days of Hadriā the Emperour, there was one Bencosby, gathering a multitude of Jews together, called himſelfe Ben-Cocuba, the ſon of a ſtar, applying that propheſie to himſelf, Num. 23 17. but he prov'd Barchoſaba, the ſon of a lye No otherwiſe may they expect in following this mā, whom they did chooſe as the ſtar of the Law to be led by in their proceedings, but an ill buſineſſe in the later end.Num 23:17leſt we ſhould want ſuch a man as he to oppoſe the preſent Gouernment, and to carry on the Cavalliers Deſign and Intereſt for us.

4. He ſaid, The Parliament before the Kings head was cut off, and the Members taken out, were in their purity, ttThis is the firſt time (to our remembrance) that ever in publick hee ſpake well of any Government; who knows, in regard of the great familiarity between him and the Cavalliers, but he might learn ſome ſuch thing of them.a gallant Parliament, who were tender of the liberties, and of the wel-fare of the Nation: And walked in the ſteps of their Ancestors, and Fore-fathers; Then were the dayes of their virginity, they made good and righteous Laws, and then they had no force upon them: But ſince 1640. and 1641. there have been no good Laws made.

All this (as the reſt) is only a flaſh and winde; nothing at all to the purpoſe or thing in hand. Two things nevertheleſſe are worth the obſerving.

1. His notable diſſimulation, as being like the Crocadile (of whom it is ſaid) when he hath kill'd a man, afterward weepes over him, as if he were ſorry, and did repent for what he had done. It is well known, what an Enemie he was to the uuWe are here in the dark, as to find out the bottome of the man, why the Parliament before the Kings death was ſo gallant? Hee brings this in by head and eares, as having no occaſion to ſpeak of ſuch a thing. But if we may give our gueſſe, he ſpeaks this to juſtifie the laſt King, and to condemn the Warr which was made againſt him: For beings Virgin Parliament, and making good and righteous Lawes, what could they have more of the King? So that the King was in no fault of the blood and treaſure of the Nation which was waſted.Parliament before the Kings death: his own Libels and Pamphlets are yet extant, wherein hee doth as much ſcandalize and reproach the Parliament then, as ſince. But ſee here his Crocadile teares, as weeping over their dead bodies by a feyned and baſe flatterie, ſeemingly to repent for the murder of his tongue.

p. 1292 Note his groſſe abſurdities and contradiction: The Parliament before the Kings death (which was not till about the yeare 1649.) was a gallant Parliament, &c. and yet ſince the yeare 1640. or 41. there hath been no good Lawes made. We ſhall not preſſe him here, but ſpare him, and endeavour to help him out. Thus therefore we underſtand him: In the yeare 1640. or 41. the Parliament xxIt might have been ſaid of that time, hodie venemum Reipubl: eſt immiſſum. For ever ſince that time hath hee been reſtleſs, and continually quarrelling with one or other.beſtowed ſomthing upon him, he being formerly very poore: ſince which time they have not done the like, and ſo conſequently made no good Lawes. And thus ſtands the caſe: for otherwiſe (putting aſide his owne Intereſt) we all know, that more uſefull and wholeſome Laws have been made ſince Anno 1640. or 41. then before.

5. He affirmes, that it was no lawfull Parliament, that made that Act. Againe, The Parliament that made this Act of Baniſhment was no Parliament I will prove it: And the Parliament were rather Tranſgreſſours then I. Againe, Admit the Parliament legall, They had NO POWER TO SEND FOR MEE. If there were yyIn the great conteſt which was between the houſe of Lords & him, he then denied their power, and cryed up the houſe of Commons, as to have more power: But now they being remov'd, and ſo not likely any more to ſend for him. Hee ſeems to be of opinion that ſome ſuch power was with them, yet this he ſpeaks ſomewhat darkly and cloſely, leſt too much of his hypocriſie ſhould appeare at once.any Judicatory in Parliament, it was the Lords Houſe, not the Commons.

It is well, we have it at laſt, and in plain Engliſh without any Equivocation. He will prove it (he ſaith) that it was no lawfull Parliament: The which ſaying is proofe enough (by Cokes Inſtitutes) to prove him a Traytor. The Wolfe, though he often diſſemble, and cloſely hides his nature, yet he cannot doe ſo ſtill, but will ſhew himſelfe what he is, one time or other. So it is with devouring ſpirits, they may ſometimes walk in the dark, and uſe ſuch artificiall ſleights, as their deſignes are not diſcerned: yet this they cannot alwayes do; but now and then (caſting p. 130off the ſheeps-ſkins) will appeare (what they are) even Wolves indeed.

But doth he not in the mean time, very much ſatisfie the conſciences of the Jurie? as to move them not to find him guilty? conſidering (being arraigned for Treaſon) he ſhould thus openly before them, declare himſelfe to be guilty? Who can but thinke, aaQuerie, whether it did not argue (if not impudēce yet) great indiſcretion in the 12 men, being known to be diſaffected to the preſent Governmēt, that ſuch as they ſhould durſt give check to Authority.knowing what the men were, but by this ſpeech of his, they were much induced the ſooner to acquit him.

6. As for all Parliaments in generall, he ſaid Parliaments were a deligated power, and bbAnd becauſe it is ſo, Nodell told his friēds that Lilburn, when he came up to London, would call the Parliament to account.ought to give a reaſon of all they doe, and that it was not in their power, as he had proved in his Plea at large before the Lord chief Juſtice Rolls, and Mr. Justice Bacon, May 18. 1647.) nor had they the leaſt Juriſdiction to ſentence him, or any of the least Free born Engliſh men: unleſſe it be their own Members. That ccWe ſee children will look in a mans face when he is ſpeaking, but not minde, or remember any thing that he ſaith. The like Simplitians were theſe twelve Jurie men; for had they obſerved the ignorance and folly of his words, they would have better conſidered what they had to do in the buſineſſe before them, as knowing what he ſaid was falſe: And all Parliaments before had conſtantly practiſed the contrary.all Crimes whatſoever, were to be heard, determined, and judged at the Common Law, and no where elſe. Acts of Attainder were not Lawfull.

There is an Oyntment, which if the heads of men be anoynted therewith, they will ſeem to be moſt dreadfull and terrible: Surely this man made account to fright them all away. What hath a Parliament no power to ſend for him? Really then, either their power is very little, or his power is above a Parliament. What, no Juriſdiction? no not the leaſt? Alas what a poore and low thing is this Parliament? No marvaile he hath taken the boldneſſe to abuſe it, and call'd it a Juncto, a Tyranny, a Foolery. Note p. 131he hath ſtript it ſtark naked, not left ſo much as a reed or ruſh in their hands whereby to defend themſelves. Souldiers when they have unarm'd the Enemy, forbear afterwards to abuſe and beat the naked Priſoners: But he will not ſhew a Parliament ſo much civility, for he is not contented to take away their weapons, whereby to keep off the ſtrokes of his Treaſon: but when he hath not left with them any power or the ddWe read of Julius Caeſar, when he had overcōe Pompeys Army, he ſpared the Citizens: And thoſe whom he had vanquiſhed by Arms he prefer'd, & gave much wealth to. But he hath no ſuch Romane ſpirit; for though he hath laid the Parliament at his feet, yet he cannot forbear to trample upon it.leaſt Juriſdiction, he moſt inhumanely ſcourgeth them with his railing tongue. Domitian is condemned for killing of Flies: not but they might be killed, but it was no fit work for an Emperour. For ſome men to have heard him deliver ſuch abſurdities and non-ſenſe, it might have been tolerable; but for a Jury, who are to maintaine the power and priviledges of Parliaments, to hearken to ſuch roving and wild diſcourſe, was no way juſtifiable.

If a Parliament be the Supream Authority of the Nation, then there is no Judicatory power or juriſdiction in any Court, but what primarily and originally (as to order and Government) is in the Parliament, and whatſoever may be done any where, as to Government and Juriſdiction, the ſame may be done by a Parliament, viz. to ſend for Delinquents, to Impriſon, Baniſh, &c. And this ſtands with pure reaſon, if the man had eeThe reaſon wherefore this man ſhews ſo much follie, is his ignorance, as not capable to underſtand what power, juriſdiction, government, order, & ſuch things are. If a people be free, Power eſſentially is in them; yet ſo, as to action there muſt be firſt order, which is to eſtabliſh a Government. Now it hath been the antient practice of this Nation to have a Parliament, which is the alone Nationall Government: Neither is there any Judiciary or Government in the Nation, as properly ariſing and derived from the people, but what is in a Parliament, becauſe other Courts and Juriſdictions may be ſaid to have their riſe rather from the Parl. then the people.ſenſe to underſtand p. 132it: for to grant a Parliament, and to deny Government and Juriſdiction which he ſpeakes of, is ſuch non-ſenſe, as none but an Ignoramus in pure reaſon, would ſpeak it. It is one thing, what is not convenient or fit for Parliaments ordinarily to doe, and another thing what lawfully they may doe, as in point of Power and Juriſdiction.

Neither thought he it enough to ſpeak thus reproachfully of Parliaments, but at the ſame time moſt unworthily abuſed the Court: As for inſtance.

1 Speaking to the Lord Maior: This is the ſtrangest thing (ſaith he) that ever I ſaw, that a man muſt be cheated of his life: Good my Lord Maior you have made your ſelfe a party in my caſe, and taken a wrong John Lilburn, and if you doe not make me hang, you are afraid your ſelfe: You make the Land groan under your burthens and oppreſſions. I deſire you will not deny me my right, that I may not looſe my life in the reſolve of a Queſtion: That John Lilburn ſhall be hanged, which in time may come to murder your poſterity, and the posterity of thoſe that hear me this day.

To ſpeak nothing how he ffA man tells a lye ſo often as he thinks it, at leaſt to be a truth, & who knows how far he was gone in a lye this way.lyes againſt knowledge and conſcience, in ſaying they had taken the wrong John Lilburn: nor how groſly he contradicts himſelf; for being the ggNote how the honeſt honourable Jury men, as they made no conſcience of lying in their Examination: ſo by Lilburns lying, their Conſciences were ſatisfied, that he was the wrong John Lilburn. But herein neither of thē follow that frying, magna eſt proeſentia veri.wrong John Lilburn, how could the Maior make himſelfe a party in his caſe? There is ſomething of note, where he ſaith, hhHe had before given our, that one land was too little to hold the Generall and himſelfe, aut Caeſar aut nullus.if he dye not, others may fear to ſuffer. There was much truth and reaſon in this: For as the Plague not removed, kills the body: ſo Incendiaries (who are no other then Peſts in the Common-wealth) muſt either be ſuppreſt, or ruine will follow.

p. 133For the reſt, it is nothing elſe but as before, impertinencies, and baſe talke: Though poſſibly he work up himſelfe hereby, more and more into the affection of the Jury: For they hearing him to ſpeak ſo high againſt the Lord Maior, and telling him of making the Land to groan with burthens and oppreſſions, they muſt needs think (he ſpeaking thus as a Priſoner) had he liberty what a ſtout Champion would he be for them in the iiRich: Tomlins, one of the Jurie, ſaith in his Examinatiō, What he can tell is one thing, but to accuſe himſelfe is another thing. Now who can tell? if hee would have declared the truth; but ſeeing Lilburn at this time ſo bold, he thought it was fit to ſave his life, in hope he would bee a notable Inſtrument for them hereafter. This is that honeſt man, who boaſted before-hand, right or wrong, they would ſave him.Great Buſineſſe, whenſoever opportunity ſhould ſerve.

3. He told the Lord Keeble, that he had nothing to doe to judge him, being a party, and had a Sallary of a thouſand pound per annum from the State.

Here he ſpeaks home for Liberty: Malefactors are not onelyonly to chooſe their Jury, but their Judges too: So that Magna Charta is to be underſtood of liberty granted unto Murtherers, Theeves, Traytors: But for true men, honeſt and faithfull to the State, there is no help for them there, as to their liberty and ſecurity: So that we may apply to our ſelves, what is applied to Rome.

In Roma vale piu la putana,

Chela moglie Romana.

In Rome the Harlot hath a better life,

Then ſhe that is a Romanes honeſt Wife.

For the 1000. l. Sallary, we know no reaſon kkWee would gladly have an Anſwer to this Queſtion, following that rule, Non multis verbis pauca comprehendit, fed paucis multa.why he may not better (or at leaſt as well) deſerve to have ſo much of the State for ſuppreſſing (as occaſion is) ſuch Riots and Inſurrections as are made in the Nation: as Mr. Lilburn to have 1000 Acres not per annum, but ad ſeculum ſeculorum, for undertaking p. 134to defend men in making Ryots and Inſurrections againſt the peace & ſafety of the Common-wealth, both paſt and to come.

3. To Mr. Priduax Attorney-Generall he ſaid, You are a blood-thirſty man, and you come here to juſtifie your unrighteous Act: And I hope llWas there not reaſon … they ſhould? Beſides, ſeeing they will not give any …eaſon wherfore they did acquit him; why may not this be one, viz. his rayling at the Attorney General, and hoping his Iury would take notice of him. How could men, ſeeking to ſatisfie their conſcience, but be ſatisfied to the purpoſe to hear all this?the Jury will take notice of all your violence. It is the admiration of my ſoule, that he ſhould be a Judge in mmThis is his common practice, whoſoever proſecuteth any thing againſt him in behalfe of the Common-wealth, he rayls at them as if it were only their Cauſe that they manage againſt him.his own caſe, to have a man ſit as my Judge, that thirſteth after my blood.

The Beaſt Duron, being purſued, and ſeeing no way to eſcape: by a naturall Craft, caſteth forth her dung againſt the Hunters following her, whereby to ſtop them from coming near, by reaſon of the corrupt ſmell and ſtink thereof. Whereunto tended all his railing and vile reproaches, but as a ſuttle deviſe to keep his purſuers off, as well knowing the ſtink was ſo intolerable, as they could not poſſibly endure it: Howſoever ſweet and pleaſent to his 12 men: For who knowes not, but Swine delight in mire and dirt: ſo that by ſuch ſlanders he hath a double advantage: The one to hinder thoſe who proſecuted the cauſ of the Common-wealth againſt him: The other to win ſtill a better opinion and liking with the Jury-men.

4. He ſaid, that the Army (many of them) have been very good inſtruments, for the good of the Nation, to deliver us from Tyranny. I wiſh there is not a greater then they delivered us from.

And why nnTemporis obſervatio in cunctis negotiis plurimum prodeſt.ſo modeſt now? Indeed inſinuations ſometimes are more effectuall and taking then plain affirmations, eſpecially when the Speaker is known (as here it was) not to doubt or queſtion the thing, but doth it (by a figure) for aggravation ſake.

p. 135But here the man is very ooIt was ſaid of ſom books which Ariſtotle made, They were ſet out, & not ſet out. So we may ſay of a great deale of his ſpeech, It was talke, & it was not talk. Many words were ſpoken; but let them be duely weighed, either non-ſēce, impertinences, or contradictions.myſterious, we know not what Tyranny he means; beſides, if we have had no good Lawes ſince 1640. and 41. and before the Kings head was taken off, the Parliament was tender of the Liberties and welfare of the Nation, &c. Wherein then hath the Army been ſuch good inſtruments, &c? As the way of a Serpent upon a rock, ſuch is the way of an adulterous woman. Neither is it poſſible but that this man ſhould be thus croſſing and contradicting himſelfe, ſeeing (to ſerve his own turn) he carries ppIt is obſerved how Julian the Apoſtate, againſt the Chriſtians ſought to keep up a double Intereſt, one of the Jewes, the other of the Gentiles; But the Lord deſtroyed both. And ſo wee truſt he will fruſtrate whatſoever, either this man, or any other deſigns againſt uson ſeverall intereſts.

5. For the Jury, he called them, his honourable Jury, and ſaid, they were the Keepers of the Liberties of England: And will make it appear that the Jury qqwhen Philip came to the Oracle of Apollo, the Prieſt cauſed the Orac…e to anſwer to his humour, and therefore it was ſaid foreign: Hee knew well enough for what the Jurie came, and how to ſend them away with ſatisfaction: To tell them they were above Law, and Acts, and Parliaments. What A…e being thus tic…led under the bellie, would not ſtand ſtill, and ſuffer him to get up and ride him.are Judges of the Law, as well as of the Fact.

Here we have the man in another temper; and we ſee, he can as well flatter men as reproach them. Altera manu fert lapidem, panem ostendit altera. This honourable Jury he handles like Braſs-pots, which be they never ſo huge yet a man may carry them by the eares where he will. It is by the eares that he takes them, and here he holds them off by baſe flattery: as attributing unto them more then was ever given to any Jury before, and what belonged not unto them neither by Law nor Reaſon. Nevertheleſſe having them (like Pots by the eares) away he carries them, from the rules of Juſtice, and from what was their work, (as proper to them) to doe that whereunto they were not called, nor in the leaſt therein concerned.

p. 136Moreover, he charged them to conſider rrJudg Reader, whether this was not a rationall queſtion, and to be by the Jury ſeriouſly conſidered of. For ſeeing the ſafety of all the Cavalliers depended on his life, had they not reaſon to quit him?whether if I dye on the Munday, the Parliament on Tueſday may not paſſe ſuch a ſentence against every one of you twelve? and upon your Wives and Children, and all your relations; and then upon the reſt of this City, and then upon the whole County of Middleſex, and then upon Hartford-ſhire, and ſo by degrees there be ſſIt hath bin the ſaying, dulce & decorum eſt pro patria mori: But he is now on the other hand, and would gaine reputation & honour to himſelf, not by dying for his Countrey (for that he hath no mind to) but to have his life ſpar'd. Pro patria vivere pulchrum.no people to inhabit England, but themſelves.

Had he not underſtood the condition of the men, he would not durſt have uttered words, ſo much tending to the diſgrace of Authority, and indeed to the diſhonour and infamie of the whole Nation: For had they been perſons (we ſay) really affected to the preſent Government, they would by this very ſpeech, have judged him a perſon moſt unworthy to live under that State, ttSome write of a certaine Devill, whom they cal Hudgin, who they ſay will not hurt any body, except he be wrong'd. This Parliament whom he ſpeaks thus reproachfully of, was not concern'd in his Caſe, but as in point of Juſtice: the application we leave.againſt which ſuch falſe, malicious, and ſcandalous words ſhould be ſpoken.

Yet are not theſe words without weight, in reference to the Jury, for if the State, like Demoſthenes innocent foole, would ſtand ſtill and leave all things to twelve men, as to be Keepers of the Liberty of England, Judges of the Law as well of the Fact: that is, make void what Lawes of Parliament they pleaſe, and leave Lilburns Caſe to ſtand for a Preſident: We ſhould ſee in a little time, ſuch Conſpiracies and Treaſons committed in the Nation, and no redres, thereof: as not onelyonly all honeſt men, their Wives, Children, and relations, in Middleſex, Hertſordſhire, but the whole Land over, would utterly be deſtroyed, and no people left to inhabit England, but he and his Faction.

p. 137Being to cloſe the firſt particular as to the Speeches which he uſed at his Triall, we ſhall onelyonly add this. I call Jehovah to witneſſe (ſaith he) and doe here proteſt before God, Angels and men, I am uuThis is worſ and wickeder then what the Heathens allow; for thus they ſay, Hand equident honeſtum eſt, proloqui mendacium, ſed cui tamen damnum magnum affert veritas, par eſt dari huic loquenti in congrua. Stob. But this man takes leave & liberty to ſpeak a lye, yea to ſweare it our right.not the perſon intended to be baniſhed by that Act: ſpeaking of the Act whereupon he was Indicted.

Such Aſſeverations and Oaths, we find frequently in his writings: A common practice of prophane and corrupt men, whereby to beguile ignorant and ſimple people. It is ſaid of Dionyſius the Tyrant, though he loved not the Philoſophers, yet would he wrap himſelf in their Cloaks, as thinking thereby men would have the better opinion of him. It is poſſible this ſwearing and for ſwearing of himſelf, is not a thing he cares for, onelyonly as occaſion is, uſeth it, for advantage ſake, to get credit and belief with the people, ſpecially now to ſatisfie the conſcience of the Jury: And who knowes, ſeeing they would not give any other anſwer when they were xxThere is ſome great myſterie here between the Jurie & him, as none know or may know, but themſelves. For Griff. Owen of Biſhops gate ward (pray take notice of him) he is a Brewer by Trade, being one of Lilburns Jurie, told the Councell of State, That they found not L. Coll. John Lilburn guilty, becauſe he was not ſatisfied, that the Priſoner was the John Lilburn mentioned in the Act.examined by the Councel of State, but that they did ſatisfie their conſcience in what they d…d; but it was this that did ſatisfie them, namely his proteſting before God, Angels and men, that he was not the perſon intended to be baniſhed.

It is true, in this thing he did no more then what he was taught; for it's one of yyMachiavel diſcourſes, l. 3. c. 9.Machiavels Grand Maximes, Thoſe that mean to effect great matters muſt not make reckoning what they ſay or ſweare, and know by their craft how to turn and wind about at all times. And p. 138the Jeſuites doe hold equivocation, lying, and perjury, if it be (as it was this mans caſe) for ſafety, profit, and advantage. They doe ſet open aaQuerie, whether Mr. Lilb. when he was in the Papiſts Countrey, was never at ſuch a ſchoolea School, for deceit, in which they teach an Art of lying, bbCujus benefitio qui ad Nor mam mentiatur aut perjeret: haud ille perjurij aut mendacij reus conſendus ſit. Abbot Antilog: A…d: Eudaem: Ioan: c. 2. in p…in. fol. 11. fac. 1.by the helpe whereof he that can lye and for ſweare by the rule (obſerve that) ſhall be free from lying or perjury. And thus much of his ſayings: now for his doings.

Here we find him at his ccAnd no … marvaile he hath kept on the trade ſo long, conſidering how hee hath been left alone, to write and ſay what he would, without any contradiction or anſwer to it Whereas, had his books been layd open, and the vanity of thē diſcovered, he would have beene broken in his trade before now.old Trade, publiſhing & diſperſing falſe and ſcandalous printed papers, and Libels, to occaſion new troubles by ſlandering the Government of the Nation: delivering them nudo capite bare fac'd, and boldly with his own hands, to ſeverall perſons, both Citizens and Countrey-men. Now becauſe we have already ſhewed largely his practice in this particular, and ſeeing what he hath done here again, is the ſame which he did be ore, we ſhall therefore (forbearing repition) ſpeake the leſſe of it.

Not to mention how he diſperſed the Petition delivered to the Parliament by ſix perſons, who called themſelves Apprentices. He delivered another printed paper, entituled, More light to Mr. John Lilburn's Jury, wherein is aſſerted, That a Parliament (having its foundation only in the Common Lawes) is but one of them; and neither hath, nor have ddWee may here ſpeak to this man in the words of the meſſage which was ſent to the Rebels of Cornwall and Devonſhire; We let you wit, the ſame hath been as nulled by the Parliament, and not now to be cal'd in queſtion; & dareth any of you with the name of a Subject, ſtand againſt an Act of Parliament? Holling. Edw. 6. p. 100 s.power over the right of its fellow-ſtanding Lawes, to contradict, alter, or repeal any of them, more then it hath power to deſtroy its own being. That is, the Parliament have not power over this pretious way of Tryall by Juries; no more have they power p. 139to make that Fellony, which by the Common Law of England is but matter of Treſpaſſe.

As Solomon anſwered his Mother when ſhe deſired that Abiſhag might be given to Adonijah to wife: Aske for him the Kingdome alſo. The like may we ſay to ſuch men as deſire Mr. Lilburns liberty amongſt us eeAs Mahaſh the Ammonite would not make any agreemēt with the inhabitants of Jabeſh Gilead, unleſſe hee might thruſt out all their right eyes: ſo nothing will content this man, but wee muſt give up to him our underſtanding, light, reaſon. The ſaying is, a man may buy gold too deare.; why doe they not ask, our reaſon, freedome, priviledges, ſafety, &c. ſeeing the caſe is one? Never was there a thing tending more to perfect ſlavery: what a Parliament no power ffQuerie, whether Monarchy was not eſtabliſhed by Law, and whether it were a ſtanding and fundamentall Law of the Land, by which Kingly Government was eſtabliſhed here.to contradict, alter, or repeale any former ſtanding Law? Muſt thoſe Lawes made by Popiſh Parliaments, in the mid-night of blindneſſe, proper to Monarchy and Tyrannie, and no way ſutable or neceſſary to our preſent condition, be continued?

But marvaile not Reader at the impudence and boldneſſe of theſe men. Aliquid latet quod non patet. This is no new thing, but what formerly Incendiaries have conſtantly practiſed: namely, ggOur Iriſh hiſtories give us many examples in this particular. As often as the State of England wen… about to civilize the Iriſh, and to take them off from their former barbarous and uncivil… cuſtomes, the Popiſh Prieſts and other Incendiaries, would be diſquieting the minds of the people, and to inſtigate them, rather to rebell, then not to do as their fore-fathers did.when a State hath been about to reforme abuſes, by removing what is inconſiſtent to the preſent time, and to eſtabliſh better things in the place thereof, here to take an advantage for the proſecuting of their Treaſon: as to diſquiet the minds of the people by falſe ſuggeſtions, and by cauſing publick Tumults, to hinder the going forth of the work of Reformation, if they can. So that we have here in ſtead of crying up Liberty and freedome, the Trap formerly laid. Bondage and Slavery ſtood for, and this as a ſnare likewiſe. p. 140Such a maſter-workman is he in the Black Art of Treaſon.

Such Birds as follow the Eagle in expectation to have a ſhare with him in the prey, are ſure to periſh if nothing be taken. Our confidence is, that Lilburn ſhall win nothing, by ſeeking to deſtroy the power and priviledges of Parliament: And therefore for his Juries and others who have accompanied him in his ſeditious deſigne, are likely to come ſhort of their hhQuere, whether it was not the expectation of the Jurie, that their quitting of him (being at liberty) he ſhould immediately have taken the great deſigne in hand, for w^ch he came over: hic labor hoc opus.expectation; that is, inſtead of a Booty, to be looſers by it.

In the ſame Book it is further ſaid. Such Lawes as theſe being voyd Lawes, who are to know them to be ſuch but Juries, iiWho knows but the man had read the ſtory, how the Aſſe took upon him to judg betweēe the Cuckooe & the Nightingale: Now of all other the Aſſe might worſe do it, having no skill in ſinging. The Iury men cō feſſe they took upon them to judg betweene the Parl. & Lilb. And who might worſe do it?who are the onelyonly legall Tryers of all men in all Cauſes, and they are bound in conſcience to try all Lawes made by Parliament, by the fundamentall Lawes; and where they find them contrary, and that men ſtand before them to be Tryed as Fellons upon theſe lawes, they are bound in conſcience to pronounce them not guilty, that are no Fellons, nor in the leaſt deſerving death, as in Mr. Lilburns caſe, and not to expect kkOf his writings it may be truly ſayd, Virus peſtis & venenum Reip:the direction of Judges and Recorders, in the caſe, who many of them lye under ſore temptations of looſing their honour and place of profit, in caſe they wreſt not judgment to the wills of thoſe that are in power.

Have not we fought well all this while, and laid out the blood and treaſure of the Nation to a good end? that in concluſion we muſt have twelve men, (llWhether any of theſe 12. were fools, we ſhall not ſay: But whoſoever ſhall read their Examination, will conclude they were not honeſt men. ſuppoſe two knaves and ten fools, as often it is) and theſe muſt be the Keepers of the Liberty of England, p. 141be above Judges, Recorders, yea the Parliament it ſelf, to determine what is Law: and as they tell us, ſo we muſt acquieſce, right or wrong: There being no power or Authority above them, to mmPray note, how Richard Tomlins, one of the Iury, in his anſwer to the Councell of State, told them, that he was not bound to give any account in that buſineſſe to any but God himſelf, which is as much as ever any Tyrāt did challenge.appeal unto, be their Verdicts and ſentence never ſo illegall, and unjuſt. The matter here is ſo irrationall and abſurd, as no anſwer is fit to be given to it, then to wiſh thoſe who are in Authority to take ſpeedy care and courſe to ſuppreſſe ſuch inſolent and baſe aſſertions, given out for no other end, but to keep up diſtempers among the people.

Some doe well nnPareus in Rom. 14. ver. 13. p. 469.Rom 14:13obſerve, that a more greevous puniſhment is reſerved for them which cauſe others to offend, then for them which ſin by their occaſion. Thus the Serpent was puniſhed more then Eve, ſhe more then Adam: So I…zabel felt a greater and ſorer judgment then Ahab. To ſin (ſaith one) ooPeccare non tantum in ſe perditionis habet, quantum quod reliqui ad peccandum inducuntur. Chryſoſt hom. 25. in Epiſt. ad Rom in Mar. ad Locum.hath not ſo much perdition in it, as to make others to ſin. We find no man ppEx peſſimo genere ne cautulum quidem relinquendus.before this man, that hath been ſo unreaſonable as to affirm ſuch a thing. And therefore if we will be followers of God: inventers of evill things, and inducers to ſin, muſt principally be puniſhed by us.

Another printed paper which he diſperſed in the manner aforeſaid, was called, A Word to the Army, wherein he qqIf the Iurie be the only Iudges of a Law, and to tell us what Acts are good & what not, what reaſon hath he to appeal to the Army; for by his own confeſſion it did not belong to them. It ſeemes hee can diſpenſe with legality.appealed to the Army in his Tryall upon the Act of Parliament: Here we might mention ſeveral ſeditious expreſſions which he uſeth, but ſo much already being ſpoken, we ſhall not trouble the Reader with it; onelyonly the mans diſcretion at p. 142this time, is obſervable, how he ſpeaks not a word of the falſe and ſcandalous reports which he had formerly publiſhed to the world againſt them. Nor of the diviſions which he had often made in the Army, and ſeverall conſpiracies, whereby to have deſtroyed the ſame.

There was alſo a printed paper given forth by him, Entituled, Fundamentall Lawes and Liberties of ENGLAND, wherein is reckoned up rrBut why is not Monarchy in the nūber of one of theſ 28? here is a foule overſight; for leave this out, the reſt are Adjectives, not one of the 28 can ſtand of himſelf.twenty eight in number. The ſecond of them is, That the Supream Authority cannot be devolved upon any perſon, or perſons, but by Election of the free people. The third, That yearly Parliaments (to be choſen of courſe by the people) is the onelyonly Supream, lawfull Government in England. The fourth, That all Officers and Magiſtrates of the Common wealth, are to be Ordained and Commiſſioned by the Election of the people. The ſixth, That the Parliament hath not ſſHow much men are pleas'd and delighted with their fancies and dreams in their ſleep. This dreamer no doubt took a kind of delight in his fancies, & thinks he talks ſence, whereas were he not aſleep he would not ſpeak ſo irrationally.power to continue their ſitting above a yeare.

We cannot but admire, that Mr. Lilburn ſhould thus trouble himſelf and others, about the Election of Parliaments, and how long they ſhould ſit: ſeeing as he ſtates the caſe, Parliaments ſignifie ttIs not a Parliament a very little thing? having not power to ſend for any one man in the Nation (though an open Traytor or Rebell) except one of their Members. Beſides, is not their Power little, ſeeing what Statutes and Laws they make, may by a Iury of 12 men be contradicted and repealed.little. One would think he ſhould have ſpoken more concerning the Supream Authority of his pretious Jury, and have proved by Magna Charta, or ſome other fundamentall Lawes, that their power is arbitrary, abſolute, unlimited.

p. 143But the truth is, malice and pride hath ſo blinded the light of his reaſon, as he knowes not what fundamentall and ſtanding Lawes are, being like Accius the Poet, who though he were a Dwarfe, yet would be pictured tall of ſtature: ſo this ignorant man would willingly be reputed to have skill and knowledge in Lawes, as to a diſtinction, what is ſtanding, what changable: notwithſtanding in this very thing he is uuAre not his Agents and others likely to be wel led, who follow ſuch a blind guide I… is true he talks much of Fundamental laws, but knows not what a ſtanding law is according to the definition: we will not uſe his phraſes of pawning our lives, & venturing our necks; yet this we dare ſay, and will make it good, that he never was able to define a ſtanding fundamentall Law, nor knows not what it is.blind, as knowes nothing.

All Lawes which may be ſaid to be ſtanding and fundamentall, are grounded upon pure reaſon, not upon Magna Charta, or any former Parliament whatſoever. For in reference to the Lawes which men have formerly made (whether theſe twenty eight which he reckons up, or any other) they are not unto us ſtanding or fundamentall, otherwiſe then we ſee they are rationall, proper and neceſſary to us, and for us. This is a standing and fundamentall Law, Nihil quod eſt con…ra rationem eſt licitum. Nothing which is againſt reaſon is lawfull. Againe, xxBod in de Reipub. l. 4.Nulla tam ſancta l…x eſt, quam non oporteat, ſi ſilus populi poſtulet urgeat que neceſſitas mutare. There is no law ſo firmly made, but when the peoples ſafety and neceſſity require, may be changed. So againe, Quod non eſt licitum in lege, neceſſitas facit licitum: And yyAnd …hat is a ſure ſtanding law, Nihil quod eſt contra rationem eſt licitum. Nothing which is againſt Reaſon is lawfull. So then when we come to ſee that ſome former Lawes are againſt reaſon: or it is againſt Reaſon that either the Election of Parliaments or their continuance, ſhould be as it formerly hath been: the ſame as unlawfull things muſt be removed.that rationall Maxim in reaſon, Salus populi ſuprema lex eſt.

But now for Parliaments, viz. by whom they ſhall be choſen, and what time they ſhall ſit: For this we have no fundamentall Law (which he underſtands Lawes that cannot be altered) becauſe ſuch things are p. 144not grounded upon reaſon: For here every Age and Generation of men are left free, and to themſelves, both for the manner of election, and the time, yea aaIt came to the Queſtion, when this Parl. began to ſi…, whether it ſhould be cal'd a Parliament or no.and to lay aſide all Parliamentary wayes, and conſtitute ſome bbThough men cannot dry up the River, but the waters muſt and will runn towards the Sea, yet wee often change their courſe, & turn them from one place to another. Thus it is in point of Government: There muſt be governmēt running down among the people like water, but the courſ of it may be chang'd, yea and muſt bee when there is occaſion for it. As of late there was neceſſity for it.other form of Government, if they ſee it more conducing to the ſafety and good of the Common-wealth.

But here (Reader) thou ſeeſt not yet, what lies at the bottom, as the Serpent under the buſh. In the Reign of Edward 6. the Popiſh Prieſts of this Nation, poſſeſſed the minds of the people, that the State was about to put down the Maſſe; and to ſtir them up the ſooner to Rebellion, perſwaded them that the ſame by their ddThe Popiſh Prieſts, and ſo Mr. Lilburn deales with ignorant people, as the Spaniards did with the Jucalion Iſlanders, when pretending to carrie them to a rich Countrey, where their Anceſtors were in plenty, brought them to work like ſlaves in Mynes: So they ſeek to lead us to ſlavery by pretending to bring us to our Fore-fathers.Anceſtors was ſo eſtabliſhed, as no Parliament could contradict, alter, or repeale it; whereupon great Tumults and commotions were made in ſeverall places, and much treaſure and blood loſt thereby. As the Prieſts to have the Maſſe to ſtand, occaſioned the rude multitude then to revolt: ſo ſeeks Mr. Lilburn now by making a noyſe of ſtanding and fundamentall Lawes, to inſtigate the people to inſurrection. Whereas all rationall men well know, there is no Law or Statute formerly made, but the Supream Authority of the Nation may contradict, alter, and repeal it (we ſpeake here as to their power) as lawfully and groundedly, as ever Maſſe and Mattens were ſuppreſt: As fools therefore will be medling, ſo he being eeHomine imperito nil quicquam eſt in juſtius, qui nil, niſi quod ipſe facit, rectum putat Comic.ignorant what true freedome is, and in what ſenſe Lawes may be ſaid to be p. 145ſtanding and fundamentall, ſeekes to ffAs the hand of a Clock or Watch will be turning about whether the finger ſtands right to its hour or no. So many people are carried too and fro, always tuning and in action, not conſidering the ground of their motion at all.diſquiet the minds of the people by publiſhing ſuch things as are moſt fooliſh and abſurd. OnelyOnly this we doe obſerve, that extracting ſomething (though but a little) from former Incendiaries of every ſort and ſize, he hopes at laſt (as he calls himſelf) to be a Master-workman in his Trade.

About the ſame time he diſperſed another printed Paper, called, Lievt. Col. John Lilburn's Plea in Law, wherein he undertakes to prove, That the Parliament can alter none of the fundamentall Lawes: And in p. 14. I might urge (ſaith he) many Arguments lawfully to prove, That the Parliament was no Parliament when they paſt the ſaid Act of Baniſhment, but were long before diſſolved, and that by their own conſents, when the Parliament tooke upon them the exerciſe of Regality, ggHe that ſhal read this mans Books, ſpecially the Titles of them, ſhall find him to be like Pſaphon a certain Lybian, he would bee a god: and having caught ſome birds, and taught them to ſpeak and prattle, the great god Pſaphon. Hence he fooliſhly thinks himſelfe a God, and ſo muſt have ſacrifice: So this man, ſetting out one Booke after another, and every one pratling, Law, Law, Law, he at length begins to ſwell in hearing his birds to prattle ſo prettily of him, not conſidering how hee hath meerely cozened himſelfe.and the diſſolution of Kingſhip and Houſe of Lords.

Becauſe we would willingly ſatisfie all ſuch as may otherwiſe ſtumble at the ſeditious block which he layes in their way, we ſhall therefore ſhew what it is to be a free people. And here two things are to be conſidered.

1 Power.

2 Government, or the execution of that Power, which God, reaſon, and nature hath given them.

Power, we ſay is in the people, (yet ſo as not in all, but with them who by their delinquency have not forfeited the ſame) The Government or exerciſe of this power is in the perſons intruſted therewith, p. 146whether in a Parliamentary way or otherwiſe, either formally or hhNeither to ſay the truth, is there any other form or kind of civill Government in the world, but what is implicite, as to order. That is, if the Supreā Authority be executed, & the people ſubmit to it; This makes it a lawfull Government; Though there may be ſomething wanting as to formality.implicitely; who may as their deligates or perſons intruſted, lawfully act (as to power) whatſoever the people can doe, either about Lawes, or what elſe is of publick and generall concernment.

So that to ſuppoſe iiAs the ſouldiers mock'd Chriſt, when they put a reed in his hand, and a Crown on his head: And what otherwiſe doth he, then befoole the people, as to put on their heads the Crown of Liberty, and into their hand all power: And afterward to tell them they cannot contradict or alter former lawes, but muſt continue ſlaves and vaſſals to their dying day.a free people, and to ſay, that ſuch a people, by a Parliament who have the power of this free people inveſted and put into their hands (as to the execution of it) cannot alter none of the fundamentall Lawes. It is as perfect non-ſenſe and contradiction as ever was expreſſed: for how can they be free, and yet bound to the obſervation of former Lawes? We grant the Supream Authority of the Nation, may continue former Lawes, and let them ſtand in force, kkNote well the diſtinction; It is one thing to continue ſome former Lawes, and another thing to be bound to continue the practice of them: This later we deny.but we deny that either Magna Charta, or any other Statutes or Lawes of the Land, left to us by our Anceſtours, are to continue, or that we are bound to keep them, as in reference to their Acts; and becauſe former Parliaments have made them: But here (if we are a free people) it is in our liberty to take or leave, that is, to contradict, alter, or repeal, whether ſome, or all, or none, as we ſee cauſe and reaſon for it.

Beſides, to plead thus for unalterable Lawes, what is it elſe but to llHow hath this man publiſhed one Pamphlet after another, crying out againſt other men for taking away the freedom and liberty of the people: Whereas not any Tyrant ever broach'd a more wicked principle to ſupport his Tyranny then he doth here, and hath not been aſham'd to ſend it abroad into the Nation.enſlave the Nation? For by ſuch a p. 147principle, people not onelyonly looſe their liberty, but are brought under ſuch a kind of Tyranny, out of which (as being worſe then the Aegyptian Bondage) there is no hope of deliverance.

We ſee ſometimes that men will goe backward a while, that ſo coming foreward to jump, they may leap the further and better. Mr. Lilburn in going backward that is, from talking of freedom and liberty, mmWhen Taxaris ſaw his Country man Anacharſis in Athens, he ſaid unto him, I will at once ſhew thee all the wonders of Greece, viſo ſolone vidiſti omnia. Surely this man ſhall be the wonder of our age, ſeeing he can tell us how to be a free people, and yet remain all our days in ſlavery & bōdage.to plead for bondage and ſlavery, doth it (as it ſeems) to fit himſelf for THE LEAPE, viz. that he may out-jump his fellow Leapers, in Treaſon againſt the State.

For his ſaying the Parliament was no Parliament, &c. we have heard him often to ſay it, and ſhall ſpeak no more to it, then to tell him, that by ſuch ſayings he may hazard and haſten his own ruine: As the Poet ſaith of the fooliſh Fiſh, ſwimming to the hidden hook.

Occultum viſus decurrere piſcis ad hamum.

There was yet another printed paper, Entituled, A Word to the Jury in the behalfe of John Lilburn. The ſcope whereof is, to ſtir up the people by force to nnNo doubt the Jurie would have been glad if ſuch a thing had beene effected, and can you blame them? For had he been reſcued, and ſo not come to his Tryall, their lying, hypocriſie and other groſſe evills had not come to light, which now it doth to their ſhame whilſt they live.reſcue the ſaid Lilburn. It is ſaid there, John Lilburn hath not offended againſt any Laws, but againſt thoſe ooThe Fox in the fable being arraigned for killing the Poultry, pleaded not guilty, as not having broken any juſtifiable Law: And to prove this, denies the Act which they brought againſt him to be lawfull, becauſe he, the Kite, and the Raven did not conſent to it. Judge Reader, whether this be not his Caſe.by-Lawes which are no Lawes: But ſuch as Tyrants made, p. 148to ſuccour themſelves in their Tyranny, and were not a legall power to make Lawes.

Demetrius for the love which he bore to a certain Picture or Idol in Protogenies ſhop, willingly forbore to ſet the City of Rhodes on fire. That Mr. Lilburn by the Jury may be quitted, there muſt be no Act of Parliament againſt Treaſon, put in execution, but a door left open (for this Idol ſake) to all Incendiaries to eſcape without puniſhment. The Counſel which is ppAs Homer ſpeaks of Ʋ lyſſes, Conſilio bonus, & bonus, Armis; ſuch a Councellor was he to the Jury.given unto the Jury, is to this effect. As if he ſhould ſay. You are qqSo the 12 men underſtood themſelves, above Law, and accountable to none but God. Lilburn tells us that a Parliament are countable to the people for what they doe. Wee ſhould never have known how far beyond and above all Parliaments Iuries are, if it had not been for this Tryall; for how could we, ſeeing there is nothing extant that makes mention of any ſuch thing.above both Law and Parliament, as Iudges of the one, and other; ſo that it is wholly in your breaſts to determine what is Law, and when a Parliament may be ſaid to be lawfull.

And according to this word, did the Jury proceed, moſt inſolently preſuming (by the Verdict which they gave) not onelyonly to be Judges, but condemners both of Parliament and Lawes: A thing ſo unjuſt, as before was never heard of, and whereof they are ſince aſhamed or afraid to give any Reaſon for it.

Jupiter is brought in, as taking little notice of the evill ſpeeches which the Giants uſed againſt the Gods: But when he ſaw that they attempted (by raiſing Mountaines) to pluck them from their Throne: here now he ſtirs, and with thundering and lightning deſtroyes them, and breaks their deſigne. It is true, nothing better becomes men in Authority, then rrSic pius enis, nam cum vincamur in omni munere, ſola deos aequat clementia nobis.meekneſſe, and to paſſe by a multitude of offences: but when they ſhall ſee men, Giant-like, to riſe againſt Authority it ſelf, and not p. 149onelyonly to trample their perſons, but their Acts too, as mire under their feet; ſſHere the proverb is true, fooliſh pitie ſpoiles a Citie.in ſuch a caſe whether they ought not to be active and ſevere, let wiſe men judge. A Heathen could ſay, ttInterdum optimum miſeri cordiae genus ſit, nocentes occidere ſaeva crudelitas ſi non &c. Senec.It is ſometimes the beſt kind of mercy, that offenders be puniſhed, and to ſpare them, the greateſt cruelty.

Againe, ſpeaking afterwards to the Army; You were firſt raiſed to ſuccour the people from being ſubject to the Tyrannicall will of uuSeeing his manner is, to ſpeak always honourably of the laſt K. and condemned thoſe that judged him to death. It is a queſtion who he means by Tyrants, & when ſuch tyrannical wills of men were exerciſed.Tyrants. If thoſe therefore that Command you, doe Command you to defend any member of this Common-wealth (whoſe Servants you are, of whom you receive pay) you are to obey them therein. But on the contrary, if they command you to kill or guard the illegall execution of any one Member of the Common-wealth, you are not to obey them therein: but in stead thereof, imploy your Armies againſt thoſe that impoſe ſuch xxBut who muſt judge when it is illegall? not the Souldiers nor their Commāders, nor Parl. nor any elſe, but Lilb. cum ſocijs.illegall, cruell, and bloody Commands upon you.

What his former practiſes were, as to divide the Army, by cauſing diviſions among the Souldiery, we have already ſhewed: the continuance of which moſt dangerous deſign, we ſee here, he hath brought over with him. By guarding illegall executions, we know what he means by his writings elſwhere: namely when any one is brought forth to be puniſhed for his miſdemeanours (ſpecially if it be for making Inſurrections in the Common-wealth) to countenance and encourage ſuch a perſon in his evill and ſin, and caſting off all juſt Commands, to imploy their Armes (as yyHere he tels us what it is to ſtand for Liberty, viz. to riſe for Malefactors, and not to ſuffer the Law or Iuſtice to paſſe againſt them, be their crimes and offences never ſo many or great. If hee and his party ſay it is illegall, ipſe dixit, that muſt ſtand.he ſaith here) againſt their Superiours.

p. 150When there was a debate between Caeſar's and Pompey's Souldiers, of ſome agreement: Libienus cries out, Why talke yee (ſaith he) of ſuch a thing? Niſi Caeſaris capite delato, Ʋnleſſe Caeſars head be off there will be no peace. By this paſſage we may ſee, how improbable it is that the Army will be free from diſtempers, ſo long as this man can have any influence among them: It being his continuall endeavour, to leave no way untried, whereby to occaſion ſome diſturbance or other: As if he had vowed or taken an Oath (as aaHis Father made him ſwear at 12 years old never to bee reconcil'd to Rome.Haniball did when he was but twelve years old) not to be reconciled to the State, nor ceaſe to ſeek the ruine of it, whilſt he lives.

Beſides the former, he hath alſo diſperſed another printed Paper, called bbA horſe that is often ſpur'd in one place, is therby made dull and lazy: his Pleas are ſtill one and the ſame, viz. a kicking his Iurie in the ſide with their abſolute power, as to be Judges of the Fact, the Keepers of the Libertie, that neither Parliament nor Act are lawfull: And thus ſpurring thē ſtill in one place, he knows how to make jades of them.A Plea at large, for John Lilburn, Gent. now in Newgate. In p. 16. it is aſſerted as followeth, That by the Tax of 120000 l. per month, Arbitrarily laid by the Generall and Officers (June 19. 1653.) upon the free people of England, all their proprieties are confounded and deſtroyed: For by the ſame rule that he layes a hundred and twenty thouſand pounds a MonethMonth, he may lay ſix Millions a MonethMonth, when he pleaſeth, and ſo ad infinitum.

Here we have him proſecuting the method which he propounded to the Duke of Buckingham, Sir Ralph Hopton, and others: as to ccThat which he publiſheth there, may ſerve as another Reaſon, to prove the former charge againſt him: Namely his Reſolution to kill the Generall, deſtroy the Parliament, ſet up Charls Steward, &c. For had he not intended ſuch a thing, ſuch ſeditions words would not have been uttered, ſpecially at this time, being a priſoner.deſtroy the Lord Generall Cromwel, the Parliament and Councell of State, and to make Charls Stuart King of England, by working a mutiny in the Army, and raiſing up the people againſt the preſent Government, and ſo put the Nation p. 151into blood and confuſion. Now howſoever we ſhall not ſpeak any thing as to his method: notwithſtanding for the ſeaſon, we conceive he was not right; for being lately come over, and known to be ſeditious: a man would have thought, that for a while he would not have been tampering with the publick affaires of the State, untill he had gotten his liberty, and ſo been in a better capacity to have followed the buſineſſe he came about. But we ſee the Gall of ſedition is ſo predominant and overflowing in him, as he cannot for his life forbear the acting of it, whenſoever he ddTake a wo… and beat him blacke and blew, cut off his legs, and then pluck his skin off, yet unleſſe you can change his nature, he will be a wolf ſtill: ſo it is with men accuſtomed to ſedition, it is not baniſhment, impriſonment, or any other puniſhment will reclaim them, unleſſe God change their heart.finds an occaſion to goe to work, be it in ſeaſon, or out of ſeaſon.

The Controverſie was ſoon decided, as to what Countrey thoſe Iſlands did belong, when they brought Snakes and Adders thither. So we may know of what ſide and party this man is, by the venemous Vermins which naturally do live in him. The Snakes of Treaſon which he carried away with him, he kept in his boſom all the time of his abode beyond Sea, and we ſee here they are brought back again, ſo that dye they cannot, the ſoyl being ſo naturall to them.

We ſhall goe no further with his Books, only beſides thoſe here mentioned, he hath diſperſed with his own hands among ſeverall perſons many other eeSome of the Heathen Emperours ceaſed from perſecuting the Chriſtians, becauſe they ſaw how unſucceſsfull they were in their actions. One would thinke he ſhould be quite wearie of publiſhing Bookes againſt the State, to obſerve how the hand of the Lord hath been ſtill againſt him, as to blaſt and curſe his doings.Printed Papers of the ſame nature and tendency, ſince his coming over.

Having made ſo large a diſcourſe of his Caſe and Craft, we ſhall now in the winding up of all, take occaſion p. 125from the premiſes, to ſpeak a word in ſeaſon to the whole Nation. What courſe the Parliament ſhould take with him, ffOnly this, Sed ſapiens in f…nte oculos habet, omnia ſpectans, omnia prudenti cum ratione videns. And venienti occurite morbo.we ſhall not at all meddle with it: it being onelyonly our purpoſe, to ſatisfie all people in all places, with this particular: namely, That he is one whoſe liberty is not to be deſired, dangerous to the Common-wealth, and therefore to be wiſht rather further off, then to live amongſt us. And that it may appear we ſpeak not here lightly, or unadviſedly, but what is rationall and well bottomed, we deſire that theſe following Conſiderations may be weighed.

1. How he hath ſought by ſeverall ſeditious wayes, the overthrow of the Common-wealth, ever ſince it was eſtabliſhed: And nothing will ſatisfie him (by his own confeſſion) but ggAs if hee were another Alecto, whom Juno is ſaid to ſend forth to raiſe tumults and ſeditions in the world. Cui triſtia Bella, Iraeque inſidiaeque, & crimina noxia cordi.murder and blood, where he takes himſelf to be wrong'd: Be it true or falſe,hhHe that can murder with the leaſt ſcruple of conſcience, ſuch as are in Authority, in what ſafety are other people whom hee takes for his Enemies. Surely he will feare leſſe either by his Agents to deſtroy ſuch low and weak things. for here none muſt be judge but himſelf. Plynie ſaith, that the Earth never receiveth within her entrailes, that Serpent which hath ſtung any man to death. We have ſhewed before, how his tongue ha's not ſpared any, but the poyſon thereof hath been poured out, upon Parliament, Army, Generals, Councel of State, &c. Inſomuch that, if after all his poyſoning and killing, there ſhould be an opening to him, as to receive him into our bowels, it might truly be ſaid (like that voyce which was heard from Heaven) Hodie venemum Reipubl. eſt immiſſum, This day is poyſon poured into the Common-wealth.

2. In all the ſtirs that he makes, and the ſeverall Pamphlets which are forth under his name, we find nothing in them of Chriſt, nothing of his Kingdome, p. 153power, and glory, and of the great Work which the Lord is now carrying forth in the world. It is true we find him often ſcoffing and jeering at the things of God, but for the preſent iiHere wee cannot ſay of this man, as it was ſaid of the Aſſe, the maſter hath need of him. For neither Chriſt nor his people have any need of him, as to the cauſe & work of God going on in the world.Generation-worke, he is altogether ignorant of it, it is fooliſhneſs to him.

When one aſked Duke d'Alva whether he had ſeen the blazing Star, or no: he anſwered, that his work was ſo much below, on earth, as he had neither leiſure nor time to look up, to ſee what was doing in the Heavens. The like may be ſaid of this (much to be pittied miſerable) man, who hath made it ſo his work to be contentious, and alwayes quarrelling with one or other, as he hath had no ſpare houres to look up, or to look on any thing ſaving ſelf-revenge; and therefore as he knowes nothing of Generation-worke, ſo he is better out then in; for ſhould he be taken in, he would but ſtand in the way kkIt is reported of a tree, that if the boughs thereof be thrown into a veſſell, it will occaſiō a mutiny among the Mariners and paſſengers, and ſo endanger the loſſe both of men and veſſe…l. Should this man be ſhipt with the Saints, there would bee no peace among them: Beſides ſuch diviſions and contentions would he make, as they would be the leſſe uſeful and ſerviceable in their generation.to hinder the proſecuting and furthering of it.

3. Take him without his Wiles, and at the beſt: what are the things which he talks ſo much of? But in reſpect of our condition, ſo unneceſſarily, as the removall of them generally by honeſt men is expected and deſired. For Magna Charta and other Statutes, we know them as well as he, and know they were made in favour llA man that leaves a birds neſt ſtanding on a tree, ſhews he is willing to have the old birds thither againe to breed more young ones. It may eaſily be perceiv'd, why he pleads ſo much for old Laws, and to have the neſt of Monarchy to ſtand, hee hath a mind to have the old bird of Kingſhip here again. Now judge whether hee be not a maſter-workman.to Monarchy, and therefore as in the bulk, moſt improper and unſutable to a Common-wealth. When Children make a noyſe, and p. 154thereby diſturb the Family, our manner is to put them forth the door. It is but a Childiſh noyſe, of purpoſe to diſturb the State, which he makes, of fundamentall ſtanding Lawes, of precious Juries, how Parliaments ſhall be choſen, and how long they ſhall ſit, &c. The folly and vanity whereof we have ſhewed before. So that it is of neceſſity he ſhould be quieted one way or other, to the end that thoſe who are the Governours of the Family (being freed from ſuch mmIn this wee ſhall follow the Lords counſell, Iſa. 5.14. Take up the ſtumbling-block out of the way out of my people. Now though he talk of Reformation, freedom, liberty, yet none a greater let & block in the way then he.Isa 5:14diſturbance) may the ſooner perfect what is expedient for the Nation, as to the preſent time.

4. For ſuch as fear God, and love the Common-wealth, they may very well be willing to part with him, conſidering it is the other ſide, nnIt would make a man ſmile, to read what hee vapouringly talks of the inward & intimate familiarity betweē Buckingham & him, and how many thouſand miles he would run upon his bare feet in his errand, and hee would be bound body for body ſo that the Duke might live in England, &c. It is a trick among Theeves, to put in little Theeves firſt at ſome hole or window, to make way, by opening a paſſage for the greater Thieves to follow. Could Lilburn but once creep in, no doubt he would ſoon make a hole broad enough for his companions, though greater then he, to come in after him.Buckingham and that party, with whom in heart, head, and hand he joynes, and whoſe intereſt and cauſe he carries on, and ſtands for.

The Philiſtims were deſirous to have David ſent away, becauſe they feared when both Armies ſhould engage, he would joyn with their Enemy againſt them. We have more reaſon and ground then they had, to beleeve if ever Charls Stuart by his Agents here, or friends abroad, ſhould be in a capacity to invade us, he would joyne with him againſt us. And therefore let all wiſe men judge whether it be not better and ſafer to diſmiſſe him before hand, then to put it to a Tryall.

5. Neither is it of ſmall conſequence that he hath ſo many Agents in the Land, who (as he ſaith himſelf) are ready to manage all the deſignes which p. 155he puts into their hands; he being like the Weather-cock which ſtands over the Wind-diall in White-Hall, ſets their hands upon the points of Treaſon, according as he turns about. We blame not men for keeping fire and Gunpowder apart, and far aſunder: much leſſe is a State to be diſliked, if they keep ſuch at a diſtance, whoſe being neer would hazard the blowing up of a whole Common-wealth.

6. We ſhall propound this as another Conſideration, viz. The dangerous conſequence of ooWee would willingly have thoſe men who deſire this mans liberty amōg us, to ſhew us ſome preſidēt either divine or humane, that any perſon hath acted as ſeditiouſly as Lilb. hath done, & yet the State left him in a capacity afterwards to do as bad again if hee would.an ill preſident in a Common-wealth. In all well governed Republicks, great care hath been taken thereof, inſomuch that it hath been receiv'd for State-Maximes, Spes impúnitatis magna eſt peccandi illecebra. Et paena unius eſt multorum metus. Againe, Bonis nocet, qui malis parcit. Qui punit injuſtos in alijs fieri injuriam prohibet. Bonorum ſalutem cuſtodit, qui malos punit. How ppWhen Sheba blew a trū pet, and ſayd, We have no part in David, &c every man to his tents O Iſrael. If the people thereupon had not followed him, yet was the action in it ſelf Crimen Laeſae Magiſt. We have ſpoken enough of his frequent blowing the Trumpet of Rebellion, and ſhall leave it to the judicious Reader to conſider.ſutable theſe things are to the preſent ſubject, we ſhall leave it to the underſtanding Reader to judge of.

We ſhall conclude all, as to Mr. Lilburn, in that grave Concluſion of the Senators of Troy, when it was objected that ſhe was the wonder of the world for beauty. foreign, Though ſhe be ſuch a one (ſay they) yet for all that rid her hence, rather then to us and our poſterity foreign ſhe ſhould abide here for a qqWhen the brazen Serpent became a ſnare, and an occaſion of hurt to the people, Hezekias was carefull ſuddenly to take it away: And the like have all other States done, ſeaſonably removed all ſnares and dangers out of the way of the people, whether perſons or things.ſnare and destruction.

p. 156We have a little time left us to ſpend about the Jury, who for their carriage both then and ſince, may leave the remembrance of their names to poſterity, as rightly called rrThoſe who ſet on fire the Temple of Diana at Eph…ſus, did it (as ſome write) to the end they might have their names and memory continue in ages after. Who knowes but theſe 12 Jurie men, in doing that which was never done before, nor none but themſelves durſt have done. Intended to perpetuate their names by ſuch a notorious actiō: now untill ſome Cavallier cronicle them for it, this may ſerve to keep up the memorie both of their names and action.THE UNREASONABLE UNRIGHTEOUS JURY: unrighteous in their verdict, and illegall ſentence; unreaſonable, being called before Authority, not to give a reaſon of their action. Now, much we ſhall not ſpeak concerning theſe men, becauſe there is enough in their Examination to diſcover the hypocriſie and falſhood of them. They ſay, if a Horſe put his foot where a Wolf hath ſtept before, he becomes lame by it. It was ill for the Jury that they followed Lilburn, how they went before we know not, but here they took ſuch an halting as 'tis to be fear'd they will never go upright again: And whether this be not ſo, will appear by their Examination, which is as follows.