John Lilb Tried and Cast, Table of contents
The generall CONTENTS of the BOOKE.
THE Authors Encouragement, and grounds to publiſh the Treatiſe, page 1, 2.
The Caſe ſtated concerning Harrenton Collierie, and the Common-wealths Intereſt in it, p. 3, 4, 5.
How George Lilburn and George Grey ſought to defraud the Common-wealth of the ſaid Collierie, p. 6, 7, 8, 9.
The Iudgment of the Commiſſioners for compounding, having heard what could be ſaid on the behalfe of Mr. Primate by his Councell, p. 10, 11, 12.
Mr. Primates Petition to the Parliament, p. 13, 14.
The Petition being read in the Houſe, how the Parliament proceeded thereupon, p. 15, 16.
Mr. John Lilburn not baniſhed for any particular or perſonall difference and conteſt between Sir Arthur Haſlerigg and him, p. 17.
Grounds and Reaſons upon which the Parliament might lawfully proceed as to his Baniſhment, p. 18.
1 By that Law of God, concerning the puniſhment of a falſe Witneſſe, which is opened, and largely applyed, p. 19, 20, 21.
2 Becauſe the puniſhment of Delin que may be heightned upon Grounds and Reaſons of State: The which is prov'd in ſome particulars, p. 21, 22.
Hence is aſſerted that no man hath been baniſhed out of England, for greater miſcarriages then Mr. Lilburn hath committed againſt the State, p. 23.
The which is prov'd, 1. Generally, as being an Enemy to all Forms and kinds of Government, p. 23, 24
2 Particularly, wherein is ſet forth,
1 His rayling againſt Parliament men, p. 25, 26
2 His treacherous ſpeeches againſt the Parliament it ſelfe, p. 26, 27
The Authors Obſervation upon the ſame, p. 28, 29
3 What hee hath publiſhed againſt the Armie. And here is ſhewed:
1 What he calls all the Armie Officers in generall, p. 29. And why? p. 30
2 How ſcandalouſly and falſely hee aſperſeth the Lord Fairfax, being Gonerall, p. 31
The Lord Fairfax his great patience towards him, notwithſtanding the others continuall treacherous deſigns against him, p: 32
3 His falſe and rayling Accuſatiens againſt his Excellencie the Lord Generall Cromwell, p: 33
Generall obſervations given upon the ſaid falſhoods & forgeries, ibid.
1 It is an old State-deſtroying ſtratagem, for Incendiaries to aſperſe men of publique ſpirits, and ſuch as deſerve beſt of their Countrey, p. 34, 35
2 Seditious perſons, under the name of Liberty, and complaining againſt arbitrary power, Tyranny, &c. have uſually ſought to raiſe commotions and hurliburlies among the people, p: 35, 36, 37
3 How it is a politicke deſign of ambitious, malicious, and diſcontented people, to ſeek the rayſing of themſelves, by making diſturbances and tumults in a Nation, p: 37, 38, 39
4 Lilburns complaints againſt the General are groundleſſe; for being ignorant of what is just & good, he therefore ſpeaks evill of it, p: 39, 40, 41
5 As his Accuſations againſt the Generall, are prov'd to be falſe, malicious, and ſcandalous, ſo hath hee ſhewed himſelfes herein moſt inhumane and ungratefull, p: 41, 42
The which in humanity and ingratitude, is demonstrated in ſeverall particulars, p: 42
1 In the baſeneſſe of his ſpeeches, ibid.
2 In rendring evill for good, ibid.
3 Having no provocation or occaſion ſo to do, p: 42. 43, 44
Lilburns End and grand deſigne in oppoſing Government, and aſperſing ſuch as are in Authority, and herein how like unto the Pope, p: 44, 45
The ſeverall ways and wiles which he hath uſed to bring his end and deſigne to paſſe, ibid.
1 By inſtigating all people, Souldiers as well as others unanimouſly to riſe againſt the Parliament, and to apprehend them as ſo many profeſſed Traytors, Theeves, Murderers, &c. p: 45, 46
2 By making diviſion betweene the Parliament and Armie, which is ſhewed in ſeveral particulars, p: 46, 47, 48
3 By attempting to deſtroy the Armie, p: 49
The which is demonſtrated: By perſwading the Souldiers to revolt, and caſt off their Commanders, page 49, 50, 51, 52
Here ſome particulars are noted, as how he and his partie have occaſioned the Souldiers to revolt, p: 52
1 By charging the principall Officers of the Armie with moſt ſcandalous, horrid, and baſe things, p: 52, 53
2 When any of the Souldiers have acted any thing treacherouſly and dangerouſly againſt the Armie, their manner was highly to commend ſuch mutinous and ſeditious perſons, p: 53, 54
3 By urging and inſtigating other Souldiers, when their fellow-ſouldiers for cauſing ſedition have been juſtly puniſhed, to take ſevere revenge for it preſently upon their Officers, p. 54, 55
4 In stead of a Court-Marſhall, Mr. Lilburn appointed a Committee of Indempnity, whereby all Souldiers are acquitted, as not to ſuffer for ſedition, or any other crime whatſoever, p. 55, 56
Lilburns deſigns and reſolutions far worſe, and more abominable then the former, p. 56
As how he reſolv'd to murder and maſſacre ſeverall perſons, ibid.
1 Sir Arthur Haſlerig, p. 57
2 He hath openly profeſſed to the world, that hee reſolv'd to kil the Lord Generall Cromwel at the Parliament doore, p. 58
Reaſons wherefore he did it it not.
1 For the love he bore to his Wife and Children.
2 Becauſe he was aſſured that he ſhould ſee the Generals downfall without the killing of him. And 3. Be an inſtrument himſelfe, for the restauration of Englands Liberties and Freedoms, ibid.
Hence theſe Inferences are made,
1 That Lilburns coming lately into England, was to effect what he had promiſed to the Duke of Buckingham, Hopton, and others, p. 59
2 A ſingular providence of God, that a deſign ſo deſperate, ſhould be made known by himſelfe, p. 59, 60
3 The Common wealth of England needs no ſuch Actors.
4 The intended murder confest by himſelfe, leads us (as by the hand) to the Author and Inſtrument of the Libels and Paſquils which have been thrown abroad, pa. 61, 62.
3 It hath not only been his reſolution to ſtabb and kill particular perſons, but a whole Parliament of men at one time as ſo many Weaſels and Poulcats, p. 62, 63, 64
Lilburns first Tryall, p. 64
The Act declaring what offences ſhall be adjudged Treaſon, pag. 65, 66, 67, 68, 69.
That the witneſſes and proofes produced on the Common-wealths behalf, were full & legall againſt Liuet. Col. John Lilburn in point of Treaſon, p. 70.
1 The Treaſon was confeſt by himſelfe, p. 70, 71, 72
2 Proved by ſeverall legall, and ſufficient witneſſes, pag. 72, 73
3 In the Booke which he owned and and acknowledged himſelfe the Author, the whole Treaſon whereof he was accuſed, is there ſet forth, pag. 73, 74
How impartial, illegal, & unjuſt the Jury was, p. 74, 75
How impertinent and vain Lilburns whole Anſwer is, p. 75, 76, 77, 78, 79, 80.
Lilburns ſlight trick: how he eſcapes at his Tryalls, p. 80, 81.
Mr. Lilburns actions and doings after his Enlargement, pag. 81.
Here wee find him a Solicitor, attending the Committees, pleading in all Cauſes, where he might have any advantage thereby, p. 81, 82.
He who had formerly cryed out againſt the Lawyers, is more foule and criminall in the ſame particulars, p 82, 83
Having been ſo long vers'd in Nationall Tumults, he is like a fiſh out of the water, till his hand be again in publique Commotions, p. 83.
The Caſe ſtated concerning Hatfield Chaſe, ibid. 84
The Riots and Inſurrections there made, ibid.
Daniel Noddel gets to his aſſiſtance Lilburn, and Major Wildman, p. 85
How Lilburn cum ſocijs totally aboliſh'd & deſtroy'd the whole Town of Stantoft, 82 Habitations, and deſtroyed in Corn and Rapes, 34000 acres, the damage not leſſe then 80000 l. p. 86.
An agreement between Lilburn, and ſeverall men of the Mannor of Epworth; that in conſideration of 2000 Acres to be given to Lilburn and Wildman, they ſhall be defended from all Riots paſt and to come, p. 87
Lilburn's Lords dayes worke at Stantoft, p. 87, 88.
How he inſtigates the people of Crowle to make Inſurrections and Riots, p. 88.
Noddel's wager, that Lilburn would call the Parliament to an account, p. 89.
Lilburns land meaſured out, and by him taken into poſſeſſion. ibid.
Major Wildman preſent, when Lilburn made the bargaine, p. 90.
Obſervations upon the whole, ibid.
1 According to Cokes Inſtitutes, Lilburn is a Traitor by his Actions, p. 91, 92.
2 His unparalleld inſolencie, having but a little before eſcaped puniſhment for rayſing tumults, would throw himſelfe againe headlong in the danger, pag. 92.
3 Should ſuch a preſident as this be left without due Execution of Juſtice, in what danger were the whole Common-wealth, p. 93.
The originall and chief cauſe of his baniſhment, p. 94.
Lilb. actions and proceedings beyond Sea, ibid.
Here is aſſerted, that no Engliſh Exile in the time of his Baniſhment, ſhewed more malice, or contrived greater Treaſon againſt England, then Mr. Lilburn did in the time of his Reſidence in the Netherlands, p. 95.
For 1. never was a State by the mouth or penne of any Exile made more odious or execrable then he hath rendred ours to Forreign Nations, p. 95, 96, 97.
2 Having made our Governours State-Hereticks, then be proceeds (Pope-like) to cut them off, p. 98.
The which is demonſtrated By the particulars whereof he is accuſed
1 Iſaac Berkenheads Charge againſt him, p. 98, 99
2 Captain John Titus, p. 99.
3 Capt. John Bartlet, ibid. 100.
4 Richard Foot, 100.
How Lilburn like the Sepiae, ſeekes to eſcape by blacking the water, p. 100, 101.
The whole Charge caſt into three heads or branches.
1 His reſolution to kill the Lord Gen: Cromwel.
2 To deſtroy the Parl. and Councell of State.
3 To ſettle King Charles (as h…e called him) in his Throne in England, pa. 101.
Reaſons to believe that he intended to kill the Generall.
1 Becauſe it is no more then what his own mouth hath publiquely ſpoken, that formerly he intended to doe it, p. 101, 102.
2 We cannot obſerve in his practice and carriage beyond Sea, that there was any Change in his mind or reſolution concerning the murdring of his Excellency, p. 102
His rage and rayling was rather more then leſſe, p. 103, 104.
3 His owne words publiſhed, when he was in the Netherlands, doe amount to as much as by the witneſſes is aſſerted in this particular, p. 105, 106.
Reaſons to believe that he intended to deſtroy the Parl. and Councell of State.
1 Becauſe during the time of his Baniſhment in the Netherlands, he counted the Parl. no other then hee did before, viz. Tyrants, Traytors, Knipperdolings, &c. p. 107.
The Author of the hiſtorie of Independency greatly commended by him, ſpecially for ſome paſsages, p. 107, 108.
2 Becauſe, could ſuch a thing be done, it would content him very much, and the Authors of ſuch Treaſon and Murder ſhould be reputed by him to be the true lovers of the liberties and freedoms of England, p. 108, 109.
3 Becauſe, as to the meanes and way aſſerted by the witneſſes, how he would deſtroy the Parl. & Councell of State: is the ſame which elſe-where he declares publiquely to the world, p. 109, 110, 111.
What Lilburn had ſuffered for his devices, had he liv'd among the Lycians, p. 111, 112.
His groſſe hypocriſie diſcovered by himſelfe, that it was not the peoples liberty which moved him to oppoſe Authority, but his own private gain and advantage, p. 112, 113
Reaſons to believe that he promiſed the Lord Hopton and others to ſettle Charls Stuart King of England (as he called him) in his Throne in England.
1 Becauſe no man was more againſt the putting of the last King to death then he, p. 113, 114.
2 Acknowledgeth Prince Charls apparent Heire to his Fathers Crown and Throne, p. 114.
3 hath perſwaded the people to receive him and to joyn with him, as being more juſtifiable before God or man, yea a thouſand times more juſtly then to joyne with the preſent ruling men, p. 114.
4 The great familiarity which was between him and the arch Cavalliers, whilst hee was reſident in the Low Countries, is ſufficient to prove the ſame, p. 115.
How Lilburn would make the world believe, that the Cavalliers ſuſpected him to be a Spy, ſent over by the State, to learn their Counſels, p. 116.
5 That corrupt Juries and ſeditious people are ſo much for his enlargement, another Argument, p. 116, 117.
6 As Tiberius would have Caligula to reigne, that he might deſtroy the people, ſo would he ſet up his King here to ſuppres honeſt men, p. 117.
Concerning Lilburns return, as to the time, manner, and other circumſtances, p. 118.
1 As to the occaſion of his coming over, here an Argument is fram'd to prove, that the reaſon of his return was to murder the Lord Gen: Cromwell, p. 118, 119,
2 How he ſeekes for a Paſſe, no pardon, p. 119.
3 A myſterie opened, viz. how he had before vowed never to believe nor truſt the Generall, and yet petitioneth to him for his liberty, p. 120.
4 How Lilburn following the ordinary practice of former Incendiaries, takes the advantage of our Change in the Government of State: and thus for two Reaſons, partly becauſe things are then unſetled; and partly, becauſe at ſuch turnings many men are unſatisfied, p. 121.
5 Severall paſſages are opened, which hee writes in a Letter to his wife, of ſeditious conſequence, p. 121, 122.
6 If he have not his Paſſe granted him, how hee will take Major Gen: Harriſon, for his principalleſt and grandeſt Adverſarie, and what he hath oonceiv'd already in his braine againſt the Major Gen: pag. 122, 123.
Some Obſervations upon it, ibid.
7 With whom Lilburn dined and ſup'd, when hee was at Callais, immediately before his coming over, and his Companions with him in the paſſage-boat, p. 124.
The third Aſſertion: Namely, no man baniſhed out of England, being returned again, ever offered ſuch Inſolencies and high contempt againſt Authority, as he hath done ſince his coming over, ſpecially for the time, ibid.
8 His great ſwelling words at Canterburie, as that he needed no Paſſe, was as good a man as Cromwel, &c. ibid.
Lilburn ſcorns to have his mouth ſtopt, like the Geeſe in their flight over Taurus, p. 125.
9 No ſooner is he come at London, but hee ſends his Agents and Papers abroad, to acquaint the people where he was, and how to come to him, as intending to have made new Tumults preſently, if the people would have joyned with him, p. 125.
For his carriage ſince his coming over:
1 What he hath ſaid.
2 What he hath done.
Ʋpon his Tryall at the Seſſions in the Old Bailie, hee ſpake as followes.
1 That the Act whereupon he was indicted, was a lye, a falſhood; it had no Law nor Reaſon in it, &c. p. 125.
The Anſwer to it, p. 126.
2 That the Parliament could not make any Act of Parliament ſince the Kings head was cut off, ibid.
How he ſpake Treaſon but covertly, p. 126, 127.
By the ſame Law they voted him to death, they might vote his honeſt 12 Jury-men, p. 127.
Reaſons moving his Jurie to acquit him hereupon, p. 127, 128.
4 How he commends the Parliament which was before the Kings head was cut off, p. 128.
Two things obſerved thereupon.
1 His notable diſſimulation, ibid.
2 His groſſe abſurdity and contradiction, p. 129.
How the Parliament never made good Laws, ſince Lilb. had ſome money beſtowed upon him, ibid.
How Lilburn ſpeaks plain Engliſh, and ſo makes himſelf a Traytor by Cokes Inſtitutes, p. 129.
His Jury encouraged to quit him, in hearing him to ſpeak Treaſon ſo boldly, p. 130.
How ſlightly he ſpeaks of all Parliaments, as having no power to ſend for him, or any other man, &c. ibid.
His great inhumanity towards the Parliament: As to take away their weapons, and afterwards to beat them, p. 131.
His falſhood anſwered, and ignorance diſcovered, p. 131, 132
How moſt unworthily he abuſed the Court, p. 132.
1 The Lord Mayor, ibid. wherein
1 He lyed againſt knowledg and conſcience.
2 Groſly contradicted himſelfe.
3 Wherein he ſpake truth, it was againſt himſelf, p. 132
Another Reaſon to encourage the Jurie to quit him, viz. what a stout Champion he would be for them in the great buſineſſe when occaſion ſhould ſerve. p. 133.
2 His rayling at the Lord Keeble, as being a Part…, and having a ſallarie, p. 133.
Magna Charta for Traitors and Fellons, not for the liberty and ſecurity of honeſt men, ibid.
Why the Lord Keeble may not have 1000 l. per annum of the State to ſuppreſſe Riots and Incendiaries, as Lilburn to have 1000 acres for ever to maintaine Riots and Inſurrections in the Nation? p. 133, 134.
3 What he called Mr. Pridiaux Attorney Gen, p. 134.
How like herein to the Beaſt Duron, who ſeeks to eſcape by caſting forth her dung against the hunters, p. 134.
4 What he ſaith of the Armie, ibid.
The Anſwer to it, p. 134, 135
5 What he calls his Jurie, to wit, his honourable Jurie, the Keepers of the Liberties of England, Judges of the Law, as well as of the Fact, p. 135.
How he handles his Iury (as if they were like braſs pots) he carries them by the eares where he will, ibid.
His baſe aſperſing the preſent Parliament, p. 136.
Wherein is manifeſted the Jurie their diſaffection to the State, ibid.
Care to be taken that the corrupt proceeding of this Jury be not left as a Preſident to future ages, p. 136.
How he calls Jehovah to witneſſe, and proteſteth before God, Angels and men, that he is not the John Lilburn intended in the Act, p. 137.
How ſuch Aſſeverations and Oaths are frequently uſed by him, and the Reaſons why, ibid.
How it is Machiavels maxime, and the doctrine of Jeſuites to lye and forſwear for profit and advantage, p. 137.
After his ſayings his doings follow: And here we find him at his old Trade, diſperſing ſcandalous and ſeditious Books, p 138.
1 A printed paper, Entituled, More light to M. John Lilburns Jurie, wherein is aſſerted, that a Parl. hath no power to contradict, alter, or repeale any former ſtanding lawes, ibid.
The Anſwer to it, wherein is ſhewed how Mr. Lilburn ſeeks to enſlave the Nation, and to diſquiet the minds of the people by falſe ſuggeſtion: And ſuch as aske his liberty, may as well aske our Reaſon and underſtanding, p. 139.
How a Jurie, though conſiſting of two knaves and ten fooles, yet are above Parliament and Law, and no Appeale is to be had from their ſentence, though never ſo illegall and unjuſt, p. 140, 141.
How inventers of evill things, and inducers to ſin, are principally to be puniſhed, p. 141.
2 Another printed paper, called A word to the Army, wherein he ſpeaks nothing of the former diviſions, which he had made in the Armie, but ſeeks to raiſe more, p. 141, 142.
3 A printed paper Entituled, Fundamental Laws and Liberties of Enland, &c. p. 143.
How Lilb. ſhews here his follie, in troubling himſelfe about Parliaments, which as hee states the Caſe, ſignifie little, ibid.
How he is proud, an ignorant man, as no… underſtanding what fundamentall and ſtanding Laws are, p. 143.
How lawes may be ſaid to be ſtanding, and fundamentall, and what ſuch lawes are, p. 143.
How Lilburn is like the Maſſe Prieſts, in Edward 6. his reign: And ſeekes to make Commotions and Tumults now, as they did then, in the like ſeditious way and deſigne, p. 144.
How he extracts ſomething from all former Incendiaries, to be a Master work-man as he ſtiles himſelf, p. 145.
4 Another printed paper, called, Lieut. Coll. John Lilburns plea in Law, ibid.
Here he undertakes to prove, that the Parlament can alter none of the fundamentall Laws, ibid.
To which a large anſwer is given. As ſhewing,
1 What is power. 2 Government, or the execution of that power, p. 145, 146.
His ignorance and non-ſence, and how hee ſeeks to enſlave the Natian, ibid.
He goes backward to out-jump his fellow leapers in ſedition, p. 147.
How like the fooliſh fiſh he ſwims to the hidden hooke, ibid.
Another printed paper, called A word to the Iurie in behalfe of Iohn Lilburn, p. 147
A doore for Lilburns ſake, muſt be left open for all Incendiaries to paſse through without puniſhment, p. 148
How the Jurie took upon them, not onelyonly to be Judges, but condemners both of Parliament and Laws, p. 148
What is to he done by thoſe who are in Authority, when they ſee, not only their perſons, but Authority it ſelfe, and their Acts and Laws troden under foot, p. 148, 149.
Lilburns re…ued practice to divide the Armie, p. 149.
His unreconciled hatred to the State, p. 150.
Another printed paper called, A Plea at large for John Lilburn, Gent. ibid.
Here he proſecuteth the method which he propounded to the Duke of Buckingham, &c. as to deſtroy the Lord Gen: Cromwel, &c. p. 150, 151.
How he cannot for his life forbeare acting ſedition, p. 151.
Lilb. liberty not to be deſired, dangerous to the Common-wealth. Reaſons for it.
1 Becauſe nothing will ſatisfie him but murder and blood, p. 151.
2 He knows nothing of the preſent Generation-work, but one that ſcoffes and jeers at it, p. 152, 153.
3 Is a profeſt Enemie to Reformation: As to have things continue proper to Monarchy, no way ſuitable to a Common-wealth, p. 153, 154.
4 No friend to thoſe that fear God, and love the Common-wealth, but he is for the Cavalliers, and that party.
Having ſo many Agents, (as he ſaith) in the Land, it is fit he and they ſhould be kept aſunder, as men keep fire and gun-powder apart, p. 155
6 The dangerous conſequence of an ill preſident in the Common-wealth, p. 155.
The concluſion of Mr. Lilburn in that grave Councell of the Senators of Troy, ibid.
Concerning Mr. Lilburns later Jurie, p. 156.
Here the Reader is deſired to take the Marginall notes along with him.
What the Jury fitly may be call'd, and why, p. 156
The Examination of the Jurie taken before the Councell of State, 157.
Thomas Green, fore-man; why choſen by Lilburn? why foreman? p. 157.
He will not anſwer for Reaſons best known to himſelf, p. 158.
Michael Rayner; he confeſſeth they had a meeting all together at the Windmil Tavern in Coleman ſtreet, to agree together, what anſwer to give the Councel, p. 159
How he and the reſt of the Jury took themſelves to be Judges of matter of Law, as well as matter of fact, ibid.
Thomas Tunman, a Salter: this man, though he ſels ſalt, yet his words were not ſoaſoned with ſalt, witneſs his lying againſt knowledg and conſcience; in being ask'd whether they did not meete that morning at the Windmill Tavern, he poſitively anſwered they did not, p. 159, 160.
Immanuel Hunt, he was not ſatisfied that the priſoner was John Lilburn indicted of felony; About their meeting at the Tavern that morning: Firſt denies it, afterward confeſſeth it, p. 160.
James Stevens confeſſeth the Councell and Bench told the Jurie they were onelyonly Judges of the Fact: But this they regarded not, p. 161.
Richard Tomlins tels the Councell, 'tis one thing what he can ſay, and another thing to accuſe himſelf, ibid.
He is not bound (he ſaith) to give any account of what he did in the buſineſs, but to God himſelfe, p. 162
Will: Hitchcock is reſolv'd not to give any anſwer of their Action, ibid.
He ſays and unſays, and contradicts himſelf moſt groſly, p. 162, 163.
Thomas Everſhot, though he pretends he was ſatiſfied in his conſcience in what he did; yet ſuch was his conſcience, as hee can lye againſt his knowledg, p. 163.
Tho: Smith refuſeth to give any Anſwer, ibid.
Gilbert Gain, though hee did differ from the reſt, yet at laſt yeelds to them for company, p. 164
Griffith Ovven was not ſatisfied, that the Priſoner was John Lilb. p. 164.
The Authors opinion concerning the downfall of Juries, ibid.