The Liar Confounded, Floating text 1 – Floating text 6

The Liar Confounded · Floating text 1 – Floating text 6

p. 4Janu. 17. 1644.

Ordered, that the conſideration of a Letter Printed under the name of John Lilburne be referred to the Examination and Inquirie of the Committee of Examinations; and it is further referred to that Committee to ſummon the ſaid John Lilburne, and to examine him upon the writing, Printing, and publiſhing of the ſaid Letter, and to report the ſtate of the whole buſineſſe to the Houſe.

The Committee is further to ſend for the Company of Stationers, and toknow of them, by whoſe default it happens, that ſuch ſcurrilous, libellous, and ſeditious Pamphlets are every day Printed and publiſhed, they undertaking at the paſſing of their Ordinance, to prevent all theſe Inconveniences, that formerly grew by the licentiouſneſſe of the Preſſe, and to enjoyn them to be more diligent in ſuppreſſing ſuch licentiouſneſſe, and to acquaint them, that the Houſe doth expect a better account of their Proceedings herein, hereafter.

Immediatly after this Order made, Iohn Lilburne was caſually run into the eye with the head of a Pike about Moore-fields, which for a time endangered both the loſſe of his life, and eye too; whereupon the proſecution of this Order was ſuſpended. No ſooner was he recovered, but he cauſed ſundry falſe, and ſcandalous Articles to be Printed againſt Collonel Edward King, under whom he ſerved for a time in Lincolnſhiere, till this Colonell committed and caſhier'd him, for his ſeditious and Schiſmaticall car…iage, and bitter invectives againſt the Church and Miniſters of England, in the Country and Army; which Articles he cauſed to be Printed and diſperſed through London and Lincolnſhire, to defame this well-deſerving Gentleman, who hath adventured his life, and ſpent his eſtate in his Countries Service. No ſooner had he Printed and vented theſe Libellous Articles here, but he poaſted into Lincolnſhire to diſperſe them there, In the meane time, the Printer with one or two of the underhand diſpenſers of theſe libellous Articles being apprehended, confeſſed, that Lylburne gave order to Print them, undertooke the payment of the Printer, and had, or was to have, 200. Copies of them for himſelfe to diſperſe privately among his friends.

In May following, this Libeller returning to London, conſcious to himſelfe of his guilt, and of the Injury he had done the Parliament, Aſſembly, and my ſelf, in his forementioned publiſhed Letter, declined the meeting of me face to face, ever turning aſide when as he came neere me. Which I oft obſerving, he one day met me full butt, neere the lower end of Weſtminſter Hall, ere he eſpide me, and then turned his back ſuddenly upon me to avoid me. Whereupon I preſently accoſting him; ſpake to him with all mildneſſe to this effect: Lieutenant Colonell Lilburne, I am very ſorry that you have ſo farre forgotten your duty to the Parliament, as without any cauſe on their parts (who have purchaſed your liberty, and ſaved your life of Late) to Libell againſt their Ordinances, Proceedings, and charge them with no leſſe then breach of their Covenant; to revile the Synod aſſembled by their Authoritie, which never gave you any offence; and ſo farre tranſgreſſed the Laws of friendſhip, and Chriſtianity towards me your ancient Friend, as to raile againſt, and ſlander me in Print in ſuch a reproachfull, unchriſtian manner, as you have: when as I have done you many Courteſies, but never offered you the ſmalleſt Injury in word or deed. I hope by this time you have ſeriouſly conſidered theſe Injuries, of which the Houſe of Commons hath taken ſpeciall p. 5notice; and I ſhall next deſire you in a friendly Chriſtian way, to give ſome ſatisfaction to the Houſe, and my ſelfe, for the Indignities done us by your Libellous Letter, which had you not publiſhed in Print before I had leiſure to peruſe; I had been ſilent. But inſtead of giving an ingenuous anſwer to this juſt requeſt, he fell into an angry fit; Uſing many unſitting inſolent words to me, in the open Hall; and to ſhew his Billings-gate education, among other uncivill ſpeeches, ſaid; A turd in your teeth; if you were out of the Hall, I would teach you to lay your hand on mine, when as I onelyonly touched his hand in a familiar manner with my finger; uſing divers other harſh threatning words no waies beſeeming him or me: Wherupon, I returned him this anſwer: Sir, I perceive you a man of ſuch a fiery temper, that there is no diſcourſing with you in any private loving way; and therefore ſince you are ſo cholericke and refractory, I hope you will not take it ill, if you be called to an account for this your Letter in an other place before your betters, (according to a Vote already paſſed in Parliament) where I preſume you will remember your ſelfe, better, and not be ſo rude as now you are. To which he replied to this effect; Do what you dare againſt me, I ſhall juſtifie my doings in any place. Whereupon I anſwered, That if this were his reſolution, he ſhould ſhortly anſwer his Letter before the Committee of Examinations, to which. the Houſe had referred it: And ſo wee parted.

This Committee being ſoone after informed, that Lilburne was returned to London, on the 16 of May, made a Warrant, onelyonly to Summon him to appeare before them the next day at two of the clock, concerning the Printing and publiſhing of his Libellous Letter, without any Licence, contrary to an Ordinance of Parliament. Upon which Summons he appearing May 17. confeſſed upon his Examination, that he did write this Letter, (the originall whereof was produced under his hand) that he not receiving an anſwer to it in three or foure daies ſpace, did thereupon cauſe it to be Printed without Licenſe; But refuſed to declare the Printers name that Printed it. Mr. Prynne being then preſent at his Examination, informed the Committee, That he did not deſire to proſecute the buſineſſe againſt him with rigour, but only to make him confeſſe his Injuries to the Parliament, and Aſſembly, and crave pardon for them: which if he would there doe, he would freely remit all perſonall ſcandals, and injuries done by him to himſelfe, deſiring onelyonly his reformation, not his ruine, or vexation. Whereupon Lilburne deſired this favour from the Committee, That he might ſet downe his own Anſwer in writing, touching the Printing and contents of his Letter, and that if he might have co…ient time to doe it, he would deliver it in under his hand, at the time appointed; W…i…h the Committee (out of their clemency) freely granted, though I beleeve, they never indulged ſo much liberty to any other in the like caſe: onelyonly they added this command (then entred in their Booke of Examinations,) He was commanded to be carefull to publiſh nothing. Hereupon being diſmiſſed for the preſent, he Penned an Anſwer full of Invectives againſt the Parliament, the Iudges, and Iuſtices Legall proceedings againſt ſeditious Sectaries, ſeconded with many falſe relations of unheard off cruelties towards them, to render the Parliament odious to his Faction: calumniates and railes afreſh againſt me, as an enemy to Gods people, a Seditious Fire-brand, one deſerving to be hanged &c. which anſwer he no ſooner delivered in to the Committee, but the very ſame, or the p. 6next day after, he publiſhed it in Print without any Licence, contrary to the Committees expreſſe Command, and the Priviledges and Orders of Parliament, and to ſhew his further contempt of Authority, cauſed this very Letter, for which he was queſtioned, to be re-printed. About which time, the Scurrilous Libels entituled, The Araignement of Perſecution, and A Sacred Synodicall Decretall, were publiſhed, Printed with the ſelfe ſame Letter and Preſſe, as his Letter and Anſwere were, and ſome of them ſeiſed together with his Letters by the Stationers. Who acquainting the Committee of Examinations therewith, according to the former Order of the Houſe; thereupon the Committee, for theſe inſufferable inſolencies and contempts of his, on the 18. of June ordered; that Lilburne ſhould be ſent for in cuſtody, touching the Printing of his Letter, and other Scandalous Bookes; in which number was his Anſwer to nine Arguments, Printed at an unlicenſed Preſſe, Anno 1645. with his Picture and Verſes before it; wherein he intollerably railes againſt our Church, Miniſters, Worſhip, Gover…ent, as Antichriſtian, and Diabolicall, to be utterly abhorred, renounced by all Gods people. Upon this the Meſſenger only ſummoned him to appeare before the Committee, but did not at all attach or impriſon him. After that another ſeditious Libell, intituled, Martyns Eccho, Printed with the ſelfe ſame Letter and Preſſe, that Lilburnes Letters and Pamphelts were, being publiſhed, and having ſome of his very Expreſſions and Phraſes ſcatterd in it, Lilburne, upon the Stationers Information (who were checked for ſuffering theſe Libels to be Printed, which they ſaid, they could not remedy, unleſſe ſome were exemplarily puniſhed) was againe Ordered to be ſent for in cuſtody by the ſaid Committee; whereupon the Meſſenger took & detained him in his houſe, but for one nights ſpace, where he uſed him very courteouſly, and tooke not one farthing of him: And notwithſtanding his publiſhing of ſo many Libellous Pamphlets, contrary to expreſſe Ordinances of both Houſes, (which inflict not onelyonly Impriſonment, but other Cenſures too upon ſuch delinquents) and his refuſall to diſcover the Printers of thoſe Books, the Committee of Examinations were ſo exceeding indulgent to him (thinking to reclaime his incorrigible obſtinacie by lenity) that they permitted him to goe at large, attending them only when he ſhould be ſent for, without putting in any Bayle.

On the 19. ^th. of July following, Lilburne walking in the Court of Requeſts with one Hawkins, and others, reported to them (without any reall ground at all, but bare reports, heare-ſayes from perſons of meane condition) That there were ſtrange things diſcovered againſt many Members of the Houſe of Commons, and went as high as the Speaker, againſt whom it would be proved, that he had with his owne hand ſent three ſcore thouſand pounds to the King at Oxford; and that many Members had made their Peace, and done ſtrange things, amongſt whom, Sir Robert Harloe was one. Of which ſeditious and ſcandalous Speeches, the Houſe being informed by Colonel King, Dr. Baſtwicke, and other Witneſſes of good credit, and having no time to examine the buſineſſe, having ſate all that day till paſt ſix of the clocke, made this enſuing Vote.

Die Sabbati. 19. Julij 1645.

Reſolved upon the Queſtion, by the Commons aſſembled in Parliament, that p. 7Lievtenant Colonel Lilburne be forth with taken into Cuſtody, by the Serjeant at Armes attending this Houſe; and ſo kept till the Houſe take further Order.

To the Serjeant at Armes, attending on this Houſe, or to his Deputy, &c.

H. Elſing Cler. Parl. D. Com.

By vertue of this Warrant, and upon this occaſion onelyonly, he was apprehended by the Serjeant of the Houſe, and kept in Cuſtody, till the 24. of July. At which time being brought to the Committee of Examinations, and there examined touching this forementioned ſcandalous Speeches of the Speaker, and others: He peremptorily refuſed to give them any anſwer, unleſſe the Committee would firſt expreſſe the cauſe, why he was ordered to be taken into cuſtody, when as himſelſe did well knwo, it was for thoſe very words againſt the Speaker, and other Members, whereupon they told him they would then examine him. Uſing divers inſolent Speeches to them, and charging them with the breach of Magna Charta which he is not aſhamed to relate at large in his Printed Libel to his Friend, pag. 2. to 5. whereupon he was moſt juſtly and Legally committed to Cuſtody, and his contempt Ordered to bee reported to the Houſe.

The very next day, he compiled a moſt lying, ſcandalous, ſeditious Libell, Againſt the Parliament, Speaker, ſome eminent Members of both Houſes. Sir Iohn Lentall, Doctor Baſtwicke, and my ſelfe, which he Intitled, The Copy of a Letter from Lievtenant Colonell Iohn Lilburne to a friend. The moſt ſeditious, ſcandalous, falſe lying Libell againſt the Parliament, Committe of Examinations, and Members of both Houſes, that ever yet was penned, farre worſe then any Oxford Aulicus, and tending only to ſtirre up the People to riſe up againſt the Parliament, to reſiſt their power, Proceedings, & alienate their affections from them. This, after his old manner, he ſent to a private Unlicenſed Preſſe (alwaies ready at his command) where being ſpeedily Printed, he deſperſed the printed Copies thereof every where by his Agents among his Friends, and Confederates, who vented them under-hand for money: One of the Printed Copies whereof being brought into the Houſe, and there read, the Houſe unanimouſly paſſed this Vote.

Die Sabbati 9. Auguſt. 1645.

Ordered by the Commons aſſembled in Parliament, That the conſideration for finding out the Author of this Booke, be referred to the Committee of Examinations, and that in caſe it appeares to be Lilbournes Booke, they ſhall have power to commit him to what Priſon they pleaſe.

Hereupon the Committee of Examinations ſent for Lilburne this very day in the afternoone, to examine him concerning the writing and printing of this Letter; but he moſt obſtinatly, in a peremptory and contemtuous manner refuſed to be examined, or give any anſwer to the queſtions demanded of him, concerning the writing, or publiſhing therof; whereupon he was committed to Newgate, by this enſuing Warrant, expreſſing the cauſe of his commitment thither, according p. 8to the Petition of Right, and Magna Charta, the effect whereof is thus entred in the Keepers Book of Newgate.

Gibb & Chambers Vic Auguſt. 1645.

Lievtenant Collonel Lilburne committed by Laur. Whittaker Eſquire, from the Committee for Examination, for refuſing to anſwer to ſuch Queſtions as were propounded unto him by this Committee, by Order of the Houſe of Commons, and for the reaſons that he gave for the ſame. And not to permit him to goe out of the ſame, without further Order of the Houſe or Committee.

Dat. 9^o. Auguſti 1645. Examinat per Radm. Briſcoe. Cler. de Newgate.

On Munday the 11^th. of Auguſt, this comtemptuous obſtinate deportment of his, and refuſall to be examined, was reported to the Houſe, together with his commitment for it to Newgate: whereupon the Houſe unanimouſly made and entred theſe two Votes.

Die Lunae 11^o. Auguſti 1645.

Ordered upon the Queſtion by the Commons aſſembled in Parliament, that they doe approve of what the Committe hath done concerning Lievtenant Collonel Lilbourne.

Ordered upon the Queſtion, That Lievtenant Colonell Lilburne be tried at the next Quarter Seſſions to be held for the City of London, concerning the contriving, making, devulging, and ſpreading DIVERS NOTORIOVS SCANDALS, ſet forth in his name, in a Printed Pamphlet, under the Title of a Letter to a Friend, AGAINST THE PARLIAMENT, AND SEVERALL MEMBERS OF THE COMMONS HOVSE: and the care hereof, is eſpecially referred to Maſter Recorder.

And by other ſubſequent Orders, a Sollicitor and Councell were ſpecially aſſigned in the behalfe of the Parliament, to proſecute this buſineſſe againſt him.

Yet notwithſtanding this incorrigible Lib…ller, and unparalleld affronter of the Higher Powers, perſevering in his villany and ſeditious practiſes, ſince his commitment to Newgate, hath compiled, printed, and privily diſperſed another moſt peſtilent, mutinous Libell againſt the Parliaments power and proceedings, to incenſe and muteny the people againſt them, (Printed in halfe a ſheet) as Libellous and ſeditious as his Letter, and much of the ſame ſtra…ne: for all which unparallel'd inſolencies he ſhall no doubt be brought to a faire Legall triall, and receive condigne puniſhment in due ſeaſon.

This is the truth, the whole truth, and nothing but the truth of his Caſe, and of the Parliaments, and Committees proceedings againſt him, every Tittle whereof, p. 9will be juſtified, and made good by a clowd of Witneſſes, being perſons of Honour, quality, Piety, Fidelity, by the Parliaments and Committees Journalls, Lilburnes owne Pamphlets, and himſelfe, (if he be not paſt all ſhame, grace) dares not gaine-ſay it in any particular.

Now this being the true ſtate of his Libellous, Seditious, Incorrigible, Contemptuous carriages toward the Parliament, ſucceſſively from time to time; and of the Parliaments leaſurely, milde, indulgent proceedings towards him; I appeale to all the world, yea, to his beſt and moſt partiall friends and Confederates.

Firſt, Whether any mortall, be he Papiſt, Prelate, Malignant, Royaliſt, or Cavalliere, much leſſe, any profeſt Votary to the Parliaments ſervice, did ever demeane himſelfe ſo Libellouſly, Slanderouſly, Seditiouſly, Contemptuouſly, Peremptorily, Preſumptuouſly, and ungratefully to the Parliament, the Committee of Examinations, the Members, & proceedings of the Houſe, as this proud upſtart Iacke hath done, both in words, writing, deedes, without the leaſt ſhaddow of remorſe or penitence? Or, whether any Hiſtory records his Parallel?

Secondly, Whether ever any Parliament, Committee, or other Court of Juſtice, did with ſo much lenity, patience, and long-ſuffering endure ſo many reiterated multiplied Libels, and publike affronts againſt their Jurisdiction, Proceedings, Juſtice, Members, without any juſt occaſion, or ground at all, as this Parliament and Committee hath received from this Seditious Lying Libeller, before they did commit him, after ſo many preceedent queſtionings, and admonitions? Or, whether any ſuch patterne of Clemency, Patience, as they have uſed toward this incorrigible wretch, can be produced out of any Parliament Rolles, or Journals, in preceeding Ages? If not, as I am confident none can; then how deſperately ingratefull and malicious is this Lilburne, for taxing them with Tyranny, Cruelty, and injuſtice in their proceedings againſt him?

Thirdly, Whether ever any proceedings were more Legall, juſt, and regular in every punctilio of Law, or more conſonant to Magna Charta, the Petition of Right, or Lawes of the Land, then theſe againſt him? And whether ever any man committed by Parliament had leſſe cauſe to complaine of Injuſtice, and Infringement of the Subjects Liberty, then he? Yet never did any man, both in diſcourſe, and Printed Libels, ſo raile againſt the Parliament, for Tyranny, Injuſtice, breach of Magna Charta, the Petition of Right, the Subjects Hereditary freedome and liberty, as he hath moſt cauſeleſly and ſeditiouſly done, of purpoſe, to raiſe up tumults againſt, and alienate the peoples affections from the Parliament, his Emiſſaries ſcattering abroad theſe his ſeditious Libels among the Malignants in Kent, and elſe where, no doubt to excite them to a new Rebellion.

Having thus truely ſtated his caſe, and the truth of the Parliaments proceedings: I ſhall in the next place diſcover and refute his malicious Lyes and Forgeries againſt the Parliament, and Committee of Examinations, in his owne Printed Relation of his Caſe, in his Letter to a Friend.

In this Lying Libell Pag. 3. he writes: Yet notwithſtanding, ſince the firſt of May laſt, I have by the Authority of the Houſe of Commons, BEEN THREE TIMES IMPRISONED, before ever I knew mine Accuſer, or mine accuſation, or ever was ſuffered to ſpeake one word in mine owne defence: p. 10which I humbly conceive is contrary to Magna Charta, And theſe Priviledges that I ought to enjoy, by vertue of my having an intereſt therein. The manner whereof, he relates more largely, Pag. 12. 13. 14 where he repeates the former words with this addition: In againe I was called, and told, I muſt wait again to morrow; I expreſſed my ſelfe againe and againe unto them, to give mee leave to declare but one thing to them, but heard I could not be till about two houres after, waiting at the doore, bemoaning, and **Note here his ſeditious carriage.crying out to thoſe that ſtood by, of the ſad and deplorable condition, that I, and the reſt of the Free people in England are fallen into, to be ſo unjuſtly Impriſonned, for the expence of our bloud, for the juſt preſervation of our juſt Freedomes, that we ſhould from Commitees of Parliaments themſelves be Impriſoned, we know not wherefore, and when we come before them, according to their owne command, that we ſhal be **If the Committee hath buſineſſe of great… importance, y…t John Lilburn, muſt forthwith be heard, and have p…ecedence of all others, elſe Magna Charta, & the Subects Liberties are preſently infringed.remanded back again, and not ſuffered to ſpeake one word for our ſelves; Heare ô Heavens, and give eare ô Earth, and thou righteous God, that loveſt juſtice, and judgement, and hateſt, and abh…orreſt oppreſſion, and crueltie, which makeſt wiſe men mad, put forth thy hand, and doe juſtice thy ſelfe upon the unjuſt and unrighteous Iudges of this age, whom the people have ſet up for their good; namely, to preſerve their Lives, Liberties, and Eſtates, as their faithfull Stewards and Servants, doe yet deſtroy what they would ſeeme to mainetaine.

What heavier charge of Injuſtice, Oppreſſion could be objected againſt the Parliament & its Committees, then this vile libellous Incendiary hath moſt falſly and ſcandalouſly caſt upon them, in theſe ſeditious bitter lines, in which there is ſcarce one word of truth. For where as he publiſheth with a b…azen forehead.

1. That he hath beene three times impriſoned ſince the firſt of May laſt; by Authority from the Houſe of Commont; (before his two laſt commitments.)

It is moſt certaine, he was not ſo much as once impriſoned by any Authority from the Houſe, though hee deſerved to bee three times ſucceſſively impriſoned in that ſpace, for his intollerable Libels, and affronts againſt the Parliament: Let him therefore ſhame the Devill, and tell his deluded Confederates, when, where and by whom he was thus three times impriſoned; to what Goale he was thus committed; how long he lay there; what fees he payd, and how he got thence releaſed: or elſe recan… this deſperate malicious Lye. True it is, hee was thrice ſommoned to appeare before the Committee of examinations for his ſucceſſive printed Libels; and the laſt time ſent for in cuſtody, by a Meſſenger but yet not apprehended as a Priſoner, but entertained, and lodged by him at his houſe as a friend one night without paying any fees; and permitted the next morning to goe at liberty with…ut bayle or mainprize. And theſe are the three (No) impriſonments, this lib…ller ſo much declaimes againſt, inſtead of rendring heartieſt thanks to the Committee for their incomparable Clemency towards him; conſidering his reiterated Crimes and obſtinacy.

2. Whereas he ave…s he was thrice impriſoned before ever he knew his Accuſer or Accuſation: he writes expreſly in the very next words pag. 1. 2. 3. &c. that I was his Accuſer; that his Accuſation was, the writing and printing of his letter to me, and that he was the Author of Martins Bookes. Was not here then both an Accuſer and Accuſation by his own printed confeſſion? True p. 11it is, that when he firſt appeared before the Committee, I did accuſe him for printing his libellous Letter; but the Commons houſe had accuſed him for it ſome two or three Moneths before and ordered the Committee to ſend for and examine him; which order he knew off long before he was ſent for: and when he was ſommoned the ſecond and third time, the Wardens of the Stationers (formerly checked about his unlicenſed libells,) were his knowne Accuſers, not I, but as their Councell: And therefore it is a moſt impudent Lye; that he neither knew his Accuſer nor accuſation before he was committed.

3. Whereas he complaines he was committed before he was ever ſuffered to ſpeake one word for himſelfe; this is a more audacious Lye then all the reſt. For at his firſt appearance before the Committee, he had liberty to ſpeake what he pleaſed for himſelfe; nay, (which was never granted to any before upon a bare Examination without Articles, by expreſſe order from the houſe) Leave and time indulged him by them to ſet downe his owne anſwer in writing, which he not only gave in under his hand, but likewiſe publiſhed in print to all the world, and informes them againe in this very Libell that he did ſo; Yet forſooth he hath the monſtrous impudency to print this contradiction, That he was never heard to anſwer or ſpeake one word for himſelfe. O the falſeneſſe and boldneſſe of this matchleſſe Lyer! who needs no other teſtimony againſt him, but himſelfe. It may be at his ſecond appearance, the Committee being otherwiſe imployed, had no time to heare him; but I am certaine, they did not then commit him, before he was heard or ſuffered to ſpeak one word; For he was not at all committed. And that he was committed at other times, before he was heard one word, is ſo apparently falſe, that the greateſt part of his Libellous Letter to a Friend, is but a meer Relation of what ſaucy, malapert, daring ſpeeches hee uſed to the Committees faces, charging them with the breach of Magna Charta, (which they gave him free liberty to read, as himſelf records for their vindication againſt his brazen-face Lyes) and much trampling upon the Subjects Liberties; they hearing him ſpeake, with much patience, ſuch deſperate Language againſt their Authority and moſt juſt proceedings, as never any Malignant Cavaleere, or Royaliſt of the Kings owne Party, durſt uſe unto them; which they would not have endured from any other, but ſuch an impudent ungratfull Companion as himſelfe, Yet for all this liberty of ſpeech, in his defence, hee cries out of the ſad and deplorable condition that himſelfe, and the other free people of England are fallen into, that they ſhould from Committees of Parliament themſelves, be Impriſoned they know not wherefore, and when wee come before them according to their owne commands, bee remanded backe againe, unheard AND NOT SVFFRED TO SPEAK ONE WORD FOR OUR SELVES, when himſelf was ſuffered (as he there relates) to ſpeake, and write ſo much: Wherfore I ſhall only turn his own Scripture exclamation againſt himſelfe. Heare ô Heavens, and give eare ô Earth, and thou righteous God, that loveſt Iuſtice, and Truth, and hateſt and abhorreſt Lying, and Lyars, put forth thy hand, and doe juſtice thy ſelfe upon this moſt deſperate Malignant Lyar, Slanderer of the Parliaments moſt juſt proceedings againſt him, for his converſion and amendment, if he belong thee, or elſe to his juſt puniſhment, who hath p. 12thus falſely abuſed his Tongue and Pen, againſt theſe higheſt Powers, who repreſent thy perſon, and are thy faithfull Miniſters: And all you giddy ſeduced people of his combination and Schiſme; now at laſt diſcerne and Judge, I beſeech you, of the graceleſſe, nay, Devilliſh temper of this tranſcendent Lyer; and how falſe thoſe vile imputations are, which he hath publikely charged on the Parliament, to render them odious to the people, out of the meere malevolence and virulency of his ſeditious ſpirit, contrary to his owne knowledge, in his Printed papers. How can, or dare you credit him in any thing, who hath ſo groſely belyed both the Parliament, and Committee, in thoſe very particulars, which are the ground of all his Satyricall Declamations againſt their Proceeding as Tyrannicall, and unjuſt, which certainely himſelfe, of all Malignants ever yet brought before them, had the leaſt cauſe of any to complaine.

But admit, all theſe three malicious Lyes to be true; there is no ſuch cauſe for ſuch an outcry as he makes againſt the Parliaments proceedings as Arbitrary and unjuſt: Certainely, had he ever enjoyed the honour of being mine, or any other Lawyers, or Juſtices Clarke, he would have known, that there is nothing more uſuall, then for Judges, Juſtices, Mayors, Aldermen, and all ſuperior and inferiour Courts of Juſtice in the Realme, upon private credible Informations or complaints, to ſommon, yea, attach men by Bayliffes, Serjeants, Conſtables, and other Officers, to appeare before them upon generall ſummons, to anſwer ſuch matters as ſhall be objected, or alleaged againſt them; and ſometimes to commit them to ſafe Cuſtody till examined, before they ever acquaint them with their Accuſer, or Accuſation, or heare them ſpeake one word in their own behalfe; yet none ever deemed theſe ordinary proceedings of theirs, either Arbitrary, Tyrannicall, or Illegall, contrary to Magna Charta, or the Subjects Liberties, but moſt iuſt. And ſhall not the Parliament, the ſupremeſt Court, have as great a liberty and power, thus to ſummon and attach men upon informations againſt them, onelyonly to anſwer their Accuſations, when ripe for Examination, as the meaneſt Iuſtice of the Peace doth dayly ex…rciſe without exceptions? How many thouſands have the Lord Mayor of London, the Courts of Guard, and Committee of Examinations ſent ſor, attached, and reſtrained thus for a ſhort ſpace of their liberty, till they could be examined, before ever they knew their Accuſer or Accuſaton, or could be brought to publike examination; and yet not one of them, ever made ſuch an horrid outcry againſt the Legality of their proceedings, as this Ignoramus, who underſtands the Law, and Magna Charta, no more then a Iack-daw, as one once ſaid of a doting Lawyer.

But to proceed to his other falſehoods, Page 7. he writes: That during his impriſonment at Oxford, he was ruined in his eſtate to the value of ſix or ſeven hundred pounds, which he left behind him at Londō, which he can clearly make appeare. Which he likewiſe recites in two other printed papers. This certainly is as groſſe a lye as any of the former. For his beſt and neereſt friends will atteſt, he was never worth halfe ſo much; and the maine reaſon, why he left the City, and went into the Parliaments Forces, was not ſo much for any good affection to the Parliaments cauſe, as to protect himſelfe againſt his Creditors arreſts for theſe many debts, which he incurred by renting of a Brew-houſe, which (both himſelf p. 13and his Father, oft times told me, when they repaired to me for advice in Law concerning it) had quite undone and broke both himſelfe and his friends, who ſtood ingaged for him. And this Libeller himſelf Pag. 5. inſinuates as much, complaining for want of recompence for his impriſonment, TO PAY HIS DEBTS, and buy him and his bread: So that he was as much or more beholing to the Parliaments Service for protecting him from the arreſts and executions of his Creditors, as they were to him for any of his good ſervices, the praiſe whereof he hath now, utterly loſt and blemiſhed by his evill, Libellous, and Seditious attempts againſt them.

Pag. 16. He moſt ſcandalouſly and falſely avers; That many of the Houſe of Commons tooke to themſelves 3. l. 10. s. a weeke, and ſome of them more, and others of them great places, worth 500 l. 1000 l. 1500 l. 2000 l. and more per annum, and live in as great pompe, ſuperfluity, and bravery, as ever they did in their daies, by the ruine of the Common-wealth, when as thouſands who have ſpent all they have in the world, and done the Kingdome good ſervice, have not a bitt of bread to put in their mouthes, &c. This is a moſt notorious Lye: the Lords and Commons having removed all their Members by a ſpeciall Ordinance, from all the Offices conferred on them by the Parliament, though well deſerving, and fit to mannage them: And when this ſlanderer ſhall make good this falſe charge by ſufficient witneſſes againſt any particular Members guilty of it, he ſhall receive a fuller anſwer.

Page 5. He complaines; that the Parliament and Houſe of Commons, who formerly owned him, having ſerved their turnes of him; hee could never have Juſtice from them, though he hath been as faithfull a friend to the Commonwealth, as ever any they imployed. And whereas Magna Charta ſaith, Juſtice and Right we will deny to none, we will deferre to none, yet have I waited theſe foure yeares upon them, at great expences, and cannot get them to put their Votes in execution, And now of late I have followed them about this ſix moneths, to the expence of about 100 l. to get a Petition read, that I might have juſtice, and reparation, but have been denied Juſtice and Right, and could not get my Petition read: which he ingeminates, inculcates in ſundry other pages. To which I anſwer, that it appeares by the next preceeding words, that the Parliament ſerved his turn firſt, not he theirs. Firſt, By inlarging him out of Priſon, and reſtoring him to his Liberty. Secondly, By hearing his cauſe, and Voting his ſentence in the Star-Chamber illegall, and that he ought to have reparations. Thirdly, By ſaving him from an arraignement for his life before the whole Houſe of Peeres about the Earle of Strafford, when the King himſelfe ſent in an Accuſation againſt him, Aug. 4. 1641. (for his ſeditious carriage) To which he might have added (and doth elſewhere relate) a fourth; by ſaveing his necke from the Gallowes at Oxford, and purchaſing his releaſe by an exchange from thence, to which I contributed my owne beſt aſſiſtance. But did the Houſe ever imploy him in any publike ſervice to ſerve their turnes? Surely never, for ought I could learne, and if they had, they ſhould have heard of it to purpoſe in this Letter. What an ungratefull lying Merchant then doth he ſhew himſelfe, thus ill to requite the Houſe of Commons for this their extraordinary p. 14favours, to uſe ſuch ſcandalous falſe ſpeeches, and Libellous invectives againſt them, that having ſerved their owne turnes of him, he could never have Iuſtice from them ſince, &c. Yea, but he hath waited above foure houres ſpace, and can have no reparations for his loſſes, according to their Votes. But is this the Houſe of Commons fault? Have they been backewards to doe him right? or rather hath not he beene negligent and wanting to himſelfe, in procuring a tranſmiſſion of his cauſe to the Lords, without whoſe concurrence his ſentence cannot be reverſed, nor his dammages aſcertained and repaired. Surely it is very well knowne to the world, that my owne Sufferings, Impriſonments, Loſſes, tranſcended his by many degrees, and that the Commons Voted me Reparations and Dammages for them, long before they paſſed their Votes for him; that never yet received one farthing recompence for all my Loſſes, Dammages, eight yeares Impriſonment, Exile, the loſſe of my calling and eſtate, in any kinde whatſoever, though (I preſume) I have done far greater more and better Services for the State, Church, Parliament, then ever he performed for them: Yet did I never complain either of or againſt the Parliament, for breach of Magna Charta, in not doing or delaying to do me Right or Juſtice, neither had I juſt cauſe to do it, ſince the weightier publike affaires of three bleeding Kingdomes, Churches, and our Bloody Wars and Schiſmes in all three, have ingroſſed all their time, thoughts, and deprived them both of vacancy, opportunity, and ſince, of preſent meanes to right me in this kind, in theſe neceſſitous times. The like I might ſay of my Dear Fellow-ſufferers, Doctor Baſtwicke, Mr. Henry Burton, Mr. Peter Smart, Dr. Leighton, Mr. Walker, and ſundry others, who ſuffered far greater loſſes, and underwent far longer impriſonments then John Lilburn, and were Voted Reparations in the Commons Houſe before any ſuch Vote for him, yet never received any ſatisfaction or fruit of theſe Votes, by reaſon of the Parliaments more publike imployments, whoſe Councels, Debates, time have been wholly taken up, to preſerve our three whole Kingdomes, Religion, Lives, Liberties, and themſelves from eminent ruine, which, bleſſed be God, they have done: Yet never did any of theſe revile the Parliament or Commons, or publikely tax them of injuſtice, in ſuch a Libellous baſe unchriſtian way as he hath done, but ſtill ſit down quietly, and waite with patience till God ſhall reſtore the Parliament and Kingdome to ſuch a condition, as may inable them effectually to accompliſh what they ſo long ſince Voted in their behalfes. OnelyOnly poor upſtart John is lately ſwelled to ſuch an Altitude of worth and Merit in his owne conceite, for his late Libellous and ſeditious Anti-parliamentary pamphlets, that he thinks the whole Parliament guilty of the breach of Magna Charta for not ſetting all publike buſineſſes aſide, to heare his private Petition, and give him Reparations; whereas if they had ſtrictly purſued Magna Charta in doing undelayed juſtice againſt him for his ſeditious▪ ſcandalous, execrable Libells againſt themſelves, their Proceedings Power, Members, and others who have done them ſervice, perchance he might have received his juſt recompenſe at Tiburne ere this; and I pray God give him ſo much grace and timely repeatance, as may make him capable of ſo much mercy, to eſcape it at laſt.

I find another notorious ſlander of his, with which I ſhall conclude, in the 11 p. 15page of this Letter of his to this effect: I ſerved under my Lord of Manchester, where and with whom I adventured my life, as freely as any man in the Army; and the beſt requitall that I got at his hands was, an earneſt endeavour by him to hang me, for taking Tickell caſtle from the Cavaliers: Truly though none wil or can believe this Slander of this Noble Lord; yet they will eaſily believe it of himſelfe (if they conſiderable his ſeditious Anti-Parliamentary Libels, Practiſes, and ſome other conſpiracies of him or his confederates againſt the Parliament and ſome chief members of it) that he doth moſt earneſtly endeavour to hang himſelfe; and ſome of his beſt friends fear, that hanging will be his deſtiny, ſince he takes ſuch deſperate courſes to bring him to it. He hath therefore now need to ply God with his prayers, to give him ſo much Grace, (and I heartily pray he may ſo do) as may prevent ſo great a ſhame, ſo ſharpe a ſentence, and reſerve him for ſome better end.

Having thus charged throug and rooted his maine Squadron of Lyes and Scandals againſt the Parliaments and Committees proceedings: I ſhall in the third place a litle examine and refute his miſtaken law, his mis-interpretation of Magna Charta and the Petition of Right, which had very ill fortune to fall into the hands of ſuch a lawleſſe Ignoramus. The ſumme of Lilburnes complaint againſt the Parliament is: That he hath beene ſeverall times ſent for, examined and impriſoned by the Parliament and its Authority, in a moſt unjuſt, arbitrary and tyrannicall way, contrary to Magna Charta, the Petition of Right, and liberty of a free-borne ſubject. This I have already manifeſted to be a moſt falſe and ſcandalous Lye in matter of fact: I ſhall now cleare it to be ſo in point of law, to ſtop his and all mens clamorous mouthes, by making good theſe 4. Propoſitions

Firſt, that his firſt ſummons, onelyonly to appeare before the Committee of Examinations, upon an expreſſe order of the Commons houſe, for printing his firſt Libellous Letter againſt the Parliaments Ordinances, Proceedings, Power, the Venerable Aſſembly, and my ſelf, without licenſe; contrary to ſeverall Ordinances of both Houſes; is neither againſt Magna Charta, nor the Petition of Right, nor the Subjects Liberty, not Law of the Land, but conſonant to them all.

2. That his ſecond ſummons, and third ſending for in cuſtody for printing his Libellous Anſwer given under his hand to the Committee without licenſe, contrary to their expreſſe order, and direct Ordinances of Parliament, is not contrary to Magna Charta, &c. but agreeable thereunto.

3. That the Committee's examination of him concerning his laſt printed unlicenſed Papers and words of Mr. Speaker, was no infringment of Magna Charta or the Subjects liberty, but warranted by Law: and his commitment for refuſing to anſwer, moſt juſt and Legall.

4. That his commitment to the Serjeants cuſtody by Vote of the Commons Houſe before ever he knew his Accuſation or Accuſor, and without being called to the Barre and heard to ſpeak there for himſelf, is no infringment of Magna Charta, the Petition of Right, the common law, or ſubjects liberty, but warrantable, juſt, and Legall.

Before I proceed to theſe particular Heads, I ſhall give you a brieſe Account what the law of the land is in caſes of Libels againſt private or publike perſons p. 16Lilburnes Libels and falſe reports both of the Parliament Committees, Speaker, and members of both houſes being the ground both of his ſummons and impriſonment.

The law before the Conqueſt was, that the Author and ſpreader of falſe Rumors among the people, had his Tongue cut out, if he redeemed it not by the prize of his head: as appeared by the Lawes of King Alfred: cap. 28. and Sir Edward Cookes 3. Inſtitutes p. 198. We read in Bracton l. 2. Tit. De Crimine leſae Majeſtatis; in Glanvil. l. 2. f. 110. in Britton Tit. of Appeales f. 39. in Stamford, Plees del Corone f. 1. b. and ſundry other law-bookes: that at the Common Law, both before and ſince Magna Charta, it was no leſſe then High-Treaſon for any man to do or give conſent or aſſiſtance to any thing which might move Sedition in the Realme, or Army: which nothing is more apt to doe then ſeditious Libels againſt the Parliament and chiefe Members of it, to mutiny the people and Army againſt them: of which crime how guilty Lilburne is, let all who have read his moſt ſeditious Papers judge: Tr. 18. E. 4. B: R: Thomas Heber was indicted and out-lawed of High-Treaſon among other things, for ſaying (after the Parliament ended) That the laſt Parliament was the moſt ſimple and inſufficient Parliament that ever had beene in England: I am certaine John Lilburne hath not onelyonly ſaid but written, printed, and publiſhed to the world of this preſent Parliament yet ſitting, that which is farre worſe: viz: p. 4. 5. &c. That Judgement (there) is turned backeward and equity cannot enter: That the Lord ſaw it, and it diſpleaſed him that there was no Judgement there. That the Parliament having ſerved their turnes of him, he could have no juſtice ſince: that he hath been denyed Juſtice and Right both by the Houſe and Mr. Speaker. That the vote of the houſe for his Commitment is contrary to Magna Charta, and to the juſt practiſe that was uſed by the very Heathen Romans: O brave times, and brave juſtice! To which he adds this imprecation to heaven againſt them; Heare ô Heavens, and give eare ô earth, and thou righteous judge that loveſt juſtice and judgement, put forth thy hand and do juſtice thy ſelfe upon theſe unjust and unrighteous Judges of this age, whom the people have ſet up for their good, namely to preſerve their lives, Libertyes, and Estates, as their faithfull Stewards, and yet deſtroy what they would ſeeme to maintaine: with other paſſages as bad or worſe.

By the Statutes of Weſtminster 1. (made 3. Ed. 1.) c. 33. 2. R. 2. c. 5. 12. R. 2. c. 11 1. and 2. Phil. Mary c. 3. and 1. Eliz. c. 7. It is enacted and ſtraitly defended upon grievous paine, that from thenceforth none ſhould be ſo hardy to contrive, speake, or tell any falſe newes, lyes, or other ſuch falſe things, or publiſh any falſe Newes, Lyes or Tales, or Prelates, Dukes, Earles, Barons, Nobles or Great men of the Realme, whereby debates, diſcords, or ſlanders may ariſe betweene the King and his people, or the Lords, Nobles and commons, whereof great perill and miſchi…fe might come to all the Realm, and quick ſubvertion and d…ſtruction of the Note.ſaid Realme, if remedy were not provided; And that he that ſhall offend herein, ſhal be kept in priſon, untill he hath brought him forth in Court, that did firſt ſpeake and report the ſame; and if he cannot bring him forth, that then he ſhould be grievouſly puniſhed (according to the nature of the …ffence) by the Councell. And all Juſtices of Peace within every ſhire, Citty, and Towne Corporate, are inabled to heare p. 17examine and determine the ſaid cauſes, and enjoyned to put theſe Lawes in due execution, that from henceforth condigne puniſhment be not deferred from ſuch offenders: And by vertue of theſe Acts, and of the very Common Law it ſelfe, many perſons for libellous falſe ſpeeches, Newes, Reports, and writings not only againſt Noblemen, Iudges, great Officers, and other perſons of honour, but even of private perſons, have conſtantly in all ages been indicted in the Kings Bench before the Iudges, and proceeded againſt in the Starchamber, for raiſing or ſpreading falſe News, Lyes, Libels, Rumours, and been impriſoned, fined, adjudged to the pillory, to weare papers on their heads, loſe their eares, undergoe other corporall puniſhments, and bound with good ſureties to the good behaviour, as you may read in Sir Edward Cooks Commentary or Inſtitutes on Magna Charta 3 E. 1. c. 33. His 3. Inſtitutes c. 76. f. 174. His 4 Inſtitutes cap. 5. & 7. 5. Rep. pars 2. f. 129. 125. 9. Rep. f. 59. Cromptons Iuriſdiction of Courts Tit. Starchamber and Banke le Roy 43 Aſſ. 38. and Parſon Harriſons caſe in the Kings Bench for defaming Iudge Hutton, being a late memorable preſident of Iuſtice in this nature, which every man approved.

This being the knowne, received Common and Statute Law of the Realm, agreeable to Magna Charta and the Petition of Right, which protect no mans liberty, perſon, or eſtate, againſt the due proccedings and puniſhments of Law, when he turnes a Libeller, Malefactor, Felon, Traytor, or Delinquent againſt the Law (for then every Theefe, Murderer, Felon in Newgate might plead it as well as Iohn Lilburn againſt their impriſonments and judgements) The firſt queſtion will be; Whether the Committee of Examinations and Houſe of Commons being really and truly informed of all the forementioned ſeditious Papers, Libels, Lies and falſe Reports publiſhed and printed by Lilburn againſt the Iuriſdiction, Ordinances, Proceedings of the Parliament, their Committees, Members, the Synod, and others, might not juſtly ſummon him to appeare before them, being authorized and commanded by a ſpeciall Order of the Houſe to do it, without any infringement of Magna Charta and the Petition of Right? Certainly, this being the truth of the queſtion, there is no man that knows what belongs to Law or juſtice, but will acknowledge it, ſince there is nothing ſo common in daily practice or experience, as for the Lord Mayor and Aldermen of London, the Mayor, Iuſtices, and chiefe Officers in every City or Corporacion, the Iuſtices of Peace in every County, the Judges and Stewards in every Court of Iuſtice, the ſeverall Committees, and all Subcommittees of Parliament, upon informations and complaints of any wrong or injury within their ſeverall Iuriſdictions, to ſend out generall warrants, writs, or ſummons to the parties complained of, to appeare before them, to anſwer ſuch things or miſdemeanors as ſhall be objected againſt them. And in the Army it ſelfe Iohn Lilburne cannot but know, it is an ordinary courſe for the Generall, or Councell of war, or any chief Officer of the Army, to ſend the Provoſt Marſhall, or other under Officers to ſummon any ſouldier under their Command to appeare before them upon complaints, without ſending them notice firſt, what p. 18their accuſation is, or who their accuſer; and Iohn Lilburne himſelfe (as I am credibly informed) hath without any Commiſſion done more then this amounts to in Lincolnſhire, whiles he had there ſome petty Command. And ſhall not a Committee of Parliament then have as much authority to ſummon John Lilburne to appeare before them upon a juſt complaint and ſpeciall Order of the Houſe, without a grand infringement of Magna Charta, the Petition of Right, and ſuch an out-cry as you have heard in print; when as any Iuſtice of Peace, or petty Officer may doe as much and more in the like caſe; and every Souldier or Officer at any Court of Guard in any the Parliaments Garriſons? Heare O Heavens, and hearken O Earth, what mad Non-ſenſe new Law and Doctrine this Ignoramus hath publiſhed! How many thouſands have this Committee and other Committees and Sub-Committees of Parliament ſummoned to appeare before them, many of them in cuſtody ſince the Parliament begun; and yet not one of them, (though the verieſt malignant Royaliſt or Anti-parliamentarian breathing) did ever pretend or alleage, that this was an infringement of Magna Charta, or invaſion of the Subjects Liberties. And all that have read any Parliament Iournalls in either Houſe, know, that in all O…ders which appoint Committees or Sub-Committees to examine any buſineſſe, this clauſe is added, And this Committee hath power to ſend for Parties, Witneſſes, Records, &c. which they purſue accordingly and have done ſo in all ages. Further, take notice, Firſt, that in matters which concerne the State or Republike meerly, there needs no particular Informer or Relator, but the Iudges and Officers of State ought ex officio to informe and proſecute all publike Delinquents. Secondly, that Iohn Lilburne certainly was the firſt of any I ever met with that preached, or at leaſt printed ſuch Apocryphall Nonſenſe Law, for which he produceth no Authority but his owne Ignorance. And if the ſummoning of men to appeare either in Courts of Iuſtice, or before Magiſtrates and Iuſtices of Peace, ſhould be againſt Magna Charta, certainly there could never bee any Law or Iuſtice executed, the ſummons being ever the firſt proces and meanes to bring men to appeare before the Officers of Iuſtice, who are to examine their miſdemeanors complained of, and ſo to informe them of them when they appeare; and if men ſhould know their particular accuſers or accuſations before their ſummons, it would be a meanes: Firſt, to make the Delinquents fly or hide away to avoyd the hand of Iuſtice, if they could poſſibly make eſcapes. Secondly, to corrupt the Informers and witneſſes that ſhould proſecute, & to ſmother or ex…enuate theeir crimes. Thirdly, to furniſh the Delinquent with premeditated anſwers and evaſions, and ſo introduce a totall ſubverſion or pervertion of Iuſtice; All which inconveniences a generall ſummons, which the Lawes provide and allow of, prevents. In few words, a ſummons to appeare without an actuall attachment of the perſon ſummoned, is no impriſonment, no outing of any man of his freehold, lands, goods, franchiſes; no ſentence paſſed againſt him; Therefore clearely, no proceedings at all within the words or intent of Magna Charta or the Petition of Right, as this New Lawyer, out of his deep ignorance, hath moſt magiſterially p. 19reſolved: being one of thoſe unintelligent Lawyers that St Paul ſpeaks of 1 Tim. 1. 17. Deſiring to be Teachers of the Law, underſtanding neither what they ſay, nor what they affirme.

Theſe Premiſes make way for proofe of the ſecond Concluſion: to wit, That the Committees ſending for Lilburne in cuſtody, upon new information of the Stationers againſt him for printing his libellous Anſwer given in to them, contrary to their expreſſe Order, with ſcandalous marginall Notes, and other ſchiſmaticall, ſeditious Papers, contrary to Law, and ſeverall Ordinances of Parliament; is agreeable to Magna Charta, and the Petition of Right, not any wayes repugnant to them.

For the clearing whereof to the very meaneſt capacy, we muſt diſtinguiſh, between a warrant to apprehend a man in nature of a proceſſe or attachment; and the commitment of a man to a priſon, goale, or Meſſenger upon his examination, after an apprehenſion or attachment. In the firſt of theſe, a generall warrant made to a Sheriffe, Conſtable, Meſſenger, or any other inferiour Officer, upon a precedent particular information, or vehement ſuſpition, is and ever was reputed juſt, legall; without expreſſing the name of the Accuſer or particulars of the Accuſation in the warrant. For example, If an information be given in to the Lord Maior of London, or to the Chiefe Iuſtice of England, or any Iuſtice of Peace, that any particular perſon hath committed or is ſuſpected to be guilty of ſuch a Murther, Robbery, Treaſon, Treſpaſſe, or offended any penal Law, the breach whereof they have power to examine, there is nothing ſo ordinary in daily practice and experience as to ſend a warrant to the Sheriffe, Conſtable, or other under Officer, to apprehend and bring the party accuſed or ſuſpected before them, to anſwer ſuch things as ſhal be objected againſt him. The like is done daily in all Courts of Iuſtice upon complaint of Miſdemeanours; in and by both Houſes of Parliament, their Committees, and Sub-Committees, and hath been done of late in many thouſand perſons caſes, who neither did nor could of right ſo much as once complain of the breach of Magna Charta. And I appeale to Iohn Lilburn, or any other Officer or Souldier in our Armies, whether the General, Councel of warre, and other Officers doe not every day almoſt upon complaints ſend for Souldiers and others in cuſtody, and apprehend them by the Marſhall, ſometimes by a warrant in writing, ſometimes by a meere verball command, without acquainting them before hand with the Accuſers name, or his particular accuſation, but only in generall termes, to anſwer ſuch things as are or ſhall be objected againſt them? and did ever any Souldier yet complaine that this was tyranny, injuſtice in their Generall, the Counſell of warre, their Officers, or contrary to Magna Charta, the Petition of Right, and the Liberty of the Subject for which they fight? What ground then hath this clamorous Libeller to raile againſt the Parliament or Committee of Examinations, for ſending for him in cuſtody upon a precedent true, juſt and vi…ble complaint, even the printing of theſe libellous Papers, conttary to their expreſſe Order, the priviledges of Parliament, and Ordinances againſt unlicenſed printing, which inflict in this caſe impriſonment by this very p. 20Committee, with other penalties upon ſuch offenders? Certainly none at all but only his owne ſeditious, malignant, venomous rankor againſt the Parliaments juſtice? But certainly if others, yet he of all men had leaſt cauſe to complaine thus in this caſe; becauſe though the warrant was to bring him in cuſtody, yet he was not brought thither in cuſtody as other priſoners ate, but only ſummoned to appeare, and that upon a more particular warrant then others, expreſſing in generall termes the cauſe for which he was ſent for; and when he came, he was neither committed to any priſon, nor forced to put in Baile, nor deteined in the Meſſengers cuſtody as a priſoner, but remained with him one night at his free liberty as a friend, and paid no fees nor any thing for his diet and lodging, as the Meſſenger himſelfe will depoſe. And was this ſending for an infringement of Magna Charta, and the Lawes of the Land? Certainly if it were, it was only in his favour, that he was not according to the Law of the Land, Magna Charta, and the ſeverall Ordinances concerning printing, preſently committed to ſome Goale or other for his ſeditious Libels and Lies, and there detained as he hath been ſince.

This caſe of ſummons and attachment by vertue of a generall warrant being cleare out of Magna Charta and the Petition of Right, the ſole queſtion will be; What commitment and impriſonment that is which is againſt Magna Charta and the Petition of Right? and whether Lilburnes was ſuch a commitment? This will beſt appeare by the very Petition of Right it ſelfe, and the originall caſe and votes in Parliament which were the grounds and occaſion of this Petition: The caſe was only this.

Divers eminent Gentlemen of the Kingdome, in the third yeare of King Charles, were ſent for by Purſevants before the Lords of the Councell, for refuſing the loane of moneyes then ſet on foot, contrary to divers Statutes, and by them committed to ſeverall priſons ſundry monthes, without expreſſing any cauſe of their commitment in the warrant: And when for their deliverances they brought their Habeas corpus in the Kings Bench, the Iaylors certified no cauſe of their deliverance or commitment, but only the Kings ſpeciall Command, ſignified by the Lords of his privy Councell; yet the Iudges would not bayle, but remaunded them to priſon; Hereupon in the next Parliament complaint was made, that this impriſonment and detaining of them in priſon only upon the Kings bare Command, without any other cauſe expreſſed, was againſt Magna Charta and other Statutes, and the Iudges remanding of them to priſon upon ſuch a generall warrant, illegall: And after a long and ſound debate of the buſineſſe, it was thus unanimouſly reſolved in the Commons Houſe, 3 April. 4. Car. Regis, and afterwards A Conference had by a Committee o… …oth Houſes concerning the Rights and Priviledges of the Subject: 3 April. 4 Car. printed 1642. p. 66.conſented to by the Lords.

1. Reſolved upon the Queſtion, That no Free-man ought to be detained or kept in priſon, or otherwiſe reſtrained by the Command of the King, or the Privy Councell, or any other, unleſſe ſome cauſe of the commitment, detainer, or reſtraint bee expreſſed, for which by Law he ought to bee committed, deteined, or reſtrained.

2. That the Writ of Habeas corpus may not be delayed, but ought to bee p. 21granted to every man that is committed or deteined in priſon, or otherwiſe reſtrained, though it be by the Command of the King, the Privy Councell, or any other, he praying the ſame.

3. That if a Free-man be committed or detained in priſon, or otherwiſe reſtrained by the Command of the King and Privy Councell, or any other, no cauſe of ſuch commitment, detainer, or reſtraint being expreſſed, for which by Law he ought to be committed, deteined or reſtrained, and the ſame to be returned upon a Habeas Corpus granted for the ſaid party, then he ought to be delivered or bayled.

Theſe Votes and the Lords concurrence with them, begat the Petition of Right after many dayes debate, which thus ſtates the Subjects grievance in this particular. Firſt it recites Magna Charta c. 29. and 28. of Ed. 3. That no Free-man ſhould be taken or impriſoned, without being brought to anſwer by due proceſſe of Law; and then proceeds thus.

Nevertheleſſe againſt the Tenor of the ſaid Statutes, and other the good Laws and Statutes of your Realme to that end provided, divers of your Subjects have of late been impriſoned without any cauſe ſhewed: And when for their deliverance they were brought before your Juſtices by your Majeſties Writs of Habeas corpus, there to undergoe and receive as the Court ſhould order; and their keepers commanded to certifie the cauſes of their detainer, no cauſe was certified but that they were detained by your Majeſties speciall Command ſignified by the Lords of your Privy Councell, and yet were returned back to ſeverall priſons, without being charged with any thing to which they might make anſwer according to the Law. Whereupon they pray in this Petition, That no Free-man in any ſuch manner as is before mentioned, be impriſoned or detained. To which the King ſubſcribed this Anſwer, Let Right be done as is deſired. Now what is this to Lilburns caſe? Who was not now committed to priſon by the Committee without any cauſe expreſſed, but only ſent for in cuſtody to come before the Committee (as theſe Gentlemen were ſent for by Purſevants, to come before the Privy Councell) to anſwer to ſuch things as ſhould be objected againſt them; which ſending for was never ſo much as once complained of in Parliament, as a breach of the Great Charter or Subjects Rights, but admitted to be legall. Had the Parliament or Committee ſent Lilburne then to Newgate (without expreſſing any cauſe of his commitment in the warrant) and he had brought a Habeas corpus in the Kings Bench to be bayled, as theſe Gentlemen did, and then no cauſe of his commitment or detainer had been returned, but only the Committees pleaſure, if thereupon hee had been remanded; perchance then he might have had ſome colour to complaine of injuſtice and breach of Magna Charta, and the Petition of Right: But the Committee not ſo much as then proceeding againſt him ſo farre as to commit him, but only ſending for him in cuſtody, and permitting him to goe at large upon his appearance without baile, only upon his bare word to attend them when he ſhould be ſummoned, how this can be brought within the compaſſe of Magna Charta or the Petition of Right, as a breach of both, or either, tranſcends my underſtanding, and all other Lawyers but p. 22himſelfe. I am credibly informed, that this upſtart monſtrous Lawyer ſince he was called to the Barre at Newgate, where he now practiſeth, hath the Book of Statutes there lying open before him, which he reads and interprets to all the poore ignorant people that viſit him, telling them, that he will in a few dayes make them underſtand the Lawes and Statutes of the Realme as exactly as any Lawyer in the Kingdome; Belike he keeps now his Reading in that Inne of Court, and will be a Serjeant at Law, or a Iudge very ſhortly, ſince he hath commenced a Reader of Law in ſo ſhort a ſpace. But I ſhall beſeech his Readerſhip to reſolve this Mootpoint, againſt what clauſe of Magna Charta and the Petition of Right his ſending for in cuſtody by the Committee of Examinations, is, and what coherence there is in this his Argument?

No man ought to be detained or kept in priſon upon a Habeas corpus returned in the Kings Bench, unleſſe ſome legall cauſe of his commitment be returned upon the Writ; becauſe it is contrary to Magna Charta, and ſo reſolved in the Petition of Right.

Ergo the Committee of Examinations in ſending for John Lilburne in cuſtody to examine him for his printing & divulging Libels (contrary to the Common, Statute Law, and Ordinances of Parliament) without any commitment of him, or any Habeas corpus brought or returned, is contrary to Magna Charta, and ſo reſolved in the Petition of Right.

When all the wiſe men of Gotham Colledge can make this argument Senſe or Reaſon, it may paſſe for Law among the vulgar Separatiſts, till then it deſerves no other cenſure but this, that it is only John Lilburns Newgate Law.

Yea but he hath ſomething more to ſay againſt the Commons Houſe (though not againſt the Committee of Examinations) in this point; which is contrary, Object.as he conceives (and it is but his conceit, to the true intent of Magna Charta: And what is that? forſooth, he was by the forementioned Vote of the Houſe of Commons on the 19 Iuly 1645. upon Dr Baſtwicks Paper only (which the Doctor hath ſufficiently clea…ed to bee a meere Lye and ſland…r to defame him) ordered to be forthwith taken into cuſtody by the Serjeant at Armes attending that Houſe, and ſo kept till the Houſe took further order; by meanes of which Vote he was committed to priſon (to his cuſtody only) before he was ever heard speak. This forſooth is the grand breach of Magna Charta, ſo much declaimed againſt in his Letter to a Friend; and ſince ſeconded in another moſt ſeditious printed paper, entituled, The Copy of a Letter from an Utter Barriſter to his ſpeciall friend, concerning Lievtenant Colonell Lilburnes Impriſonment, there juſtified to be illegall, and againſt Magna Charta.

I anſwer and averre, that this Commitment of his by the Houſe of Commons was moſt juſt, and neceſſary, if the occaſion and ground of it be conſidered. Anſw.Iohn Lilburne had that very day publiquely reported to Independent Hawkins, and others at Weſtminſter, divers groundleſſe, ſcandalous, malicious Reports, amounting to no leſſe then High Treaſon, concerning Mr Speaker and other members of the Houſe of Commons, in a libellous, illegall, ſcandalous, ſeditious way, of purpoſe to defame, and ſtirre up the people againſt p. 23them and the Houſe of Commons, whoſe deſtruction by ſorce and violence he, or his confederates, had then been plotting, and ſince purſued in ſundry private meetings: which being done without any ground, proofe, or legall way of accuſation, the Houſe being informed of it that Evening when they had ſate all day, and had no time to examine Lilburne touching it that night, did for this falſe Rumour ſpread by him in ſuch ſort, contrary to the forementioned Statutes, and the Liberties and Priviledges of Parliament, only Vote, That the Sergeant at Armes belonging to the Houſe, ſhould apprehend and take him into cuſtody, till further order taken by the Houſe for examination of the buſineſſe: Which Order is no judiciall Impriſonment or Commitment contrary to Magna Charta, or the Petition of Right, but a meere Proceſſe or Attachment to apprehend and bring him to examination. Of which there are thouſands of preſidents in both Houſes in this and former Parliaments, as well in the caſe of the members themſelves when informed or complained againſt, as of others; and no more then all Courts of Iuſtice do, and ever have done, before and ſince Magna Charta, who grant out writs to arreſt men upon Actions of Debt, Treſpaſſe, and the like, before ever they heare the parties; and that which every Magiſtrate, Iuſtice of Peace, and Subcommittee daily do without exception, who make out warrants to attatch and bring Delinquents before them upon meere informations, before ever they heare them ſpeak: For how, I pray, ſhould they heare them ſpeak before they bee ſent for? and if no warrant or proceſſe ſhould bee granted by the Houſes, Committees, Courts of Iuſtice; Officers, Iudges, Iuſtices, againſt any, till they were firſt heard ſpeak, then no man ever would or could appeare before them, for this would be to hear men firſt, and then to ſummon them that they might be heard, when as they muſt firſt be ſummoned, and then heard, the proceſſe ever neceſſarily preceding the hearing. See then the ſottiſhneſſe and folly of this grand Ignoramus, who complaines of a breach of Magna Charta, only becauſe he was not heard in the Houſe, before they voted him to be apprehended and ſent for by the Houſe, which had no cauſe to ſend for him to hear him ſpeak, if he had bin heard before he was ſent for: he might have as juſtly complained againſt his own mother that ſhe did not heare him cry before he was born, or againſt his father, for not binding him an Apprentice in London before he ſent him up thither that he might be bound, as againſt the Parliament, for not hearing him ſpeak before they voted him to be ſent for or attached by the Sergeant at Armes. Pri…hee, Iohn Lilburn, to uſe but thy own inſtances; did ever Straford or the Archbiſhop of Canterbury complaine of the breach of Magna Charta, becauſe they were accuſed by the Commons of High Treaſon and committed upon their Accuſation, before ever they acquainted them with th…ir Charge or heard them ſpeak? Or if Newgate examples like thee better, did ever any Horſe-ſtealer, Theefe, or Felon in Newgate, complain that Magna Charta was violated, the Petition of Right infringed becauſe he was apprehended by a Conſtable by warrant from the Iuſtice, before ever hee was brought before him, or he heard him ſpeak, or becauſe he was not arraigned at the Barre, and there heard and tried before he was indited? Silly Iohn if p. 28this be all thy Law, and Reaſon, there is no man in his right ſenſes, but will judge thee fitter for Bedlam then Newgate, and think thy overmuch Learning in the Law hath made thee madde or lunatick. And if the Sergeants keeping thee in his cuſtody, till the Houſe or Committee had leiſure to examine and heare thee ſpeak for thy ſelfe, be a breach of Magna Charta, and the Petition of Right, then Straford, Canterbury, might as juſtly have complained of this injuſtice as thee, for that they were detained priſoners till they were brought unto their Trials to prevent eſcapes; and all thy fellow priſoners in Newgate, may as juſtly complain for being there detained till their trials. Wherefore Iohn, if I may adviſe thee as thy old Friend and Councell, never meddle any more with matters concerning Law, untill thou haſt ſtudied thy ſelfe and it a little better, eſpecially ſo farre as to caſt durt with it into the Parliaments face, and charge them with injuſtice, tyranny, or proceeding againſt Law and Magna Charta; their impriſonment of thee in this nature upon this occaſion, being by the lawfull judgement of thy peeres, and by the Law of the Land, as well as by the Law and Cuſtome of Parliament, which neither is nor ought to be alwayes bounded by Magna Charta, eſpecially in extraordinary caſes (as we ſee by ſundry particulars in theſe extraordinary times of warre and danger) having power to repeal old Lawes, to enact new ones if they ſee occaſion, and to inflict new puniſhments upon new crimes and offences, not heard of in former ages: of which nature thy Libels and Invectives againſt them ſeem to be, though the Parliament and Committee in their proceedings againſt thee and them, have gone on in the old way of Law and juſtice in all particulars; to the laſt of which I ſhall next proceed.

And that is, to prove in the third place, That the Committee of Examinations examination of thee by order of the Houſe, concerning thy falſe Reports of Mr Speaker and other members, and thy printed Libell againſt the Parliament and them, entituled, A Copy of a Letter to a friend, and their commitment of thee to Newgate for refuſing to be examined, and the Houſe of Commons Vote in proſecution of it, were legall, and juſt; agreeable, not contrary to Magna Charta and the Petition of Right.

Had Poore Iohn but Law enough to qualify him to be the meaneſt Iuſtice of Peace his Clark, or ſome Recorders, or Clark of the Aſſizes his Clarkes Clark, he might have known, that by the Law of the Land, every Iuſtice of Peace every day doth, may and ought to examine every Traytor and Felon that is brought before him, concerning the Treaſons and Felonies that are layd to their charge; that thoſe examinations ſo taken uſually are and ought to be returned to the Aſſizes, Seſſions, and there openly read and given in evidencé many times againſt them to the Iury, even in theſe capitall cauſes; And if they refuſe to be examined, it is held a contempt againſt Law and the ordinary courſe of juſtice: and when they are indited, arraigned at the Bar, the Iudges and Iuſtices demand of them when the inditement is read, Whether they are guilty or not guilty? and if they refuſe to anſwer, and put themſelves upon the trial of the Country, the law of the Land deemes it ſuch an high contempt againſt juſtice, that preſently, without further triall or evidence of their guiltineſſe, p. 25they are for this their obſtinacy and contumacy **See Brookes Abridgment, ti…. Paine and Penance.adjudged to be preſt to death in the moſt painful manner, far worſe then any hanging; becauſe their contempt in not anſwering, is in Law a greater offence then that for which they ſtand indited; as obſtinacy in any ſinne is worſe then the ſinne it ſelfe. And in caſe they anſwer, not guilty, and ſo come unto their legall triall, the Iudge, Iuſtices, and Iury ſomtimes, doc uſually ſtrictly examine and interrogate them again (as well as the witneſſes) touching the particular Treaſons, and Felonies whereof they ſtand indited, and oft times when witneſſes fayl or prove ſhort, finde them guilty, and hang them by their own examinations and confeſſions at the Barre, or at their apprehenſion. If then Iudges and Iuſtices may proceed thus to examine Traytors and Felons themſelves, in their own caſes in capital crimes which concern their very lives and eſtates, without violating Magna Charta or any other Law; may not the Houſe of Commons then much more appoint the Committee of Examinations to interrogate Lilburn concerning his **See p. 6, 7, 8.forementioned ſpeeches and Letter, without any infringement of Magna Charta or the Subjects Liberty, which protect no man againſt ſuch legall examinations? There was never any Traytor or other grand Delinquent, to my knowledge, committed by the Parliament, Privy Councell, or others, to the Tower or any other priſon, but was once at leaſt, if not twice or thrice examined, concerning the Treaſons and offences for which they ſtood committed: How m…y members of both Houſes in form… Parliaments, and in this eſpecially (which hath ſtood moſt of any for the Subjects Liberties and Priviledges of Parliament) have beene thus examined in their own caſes? yet never any of them at any time refuſed to be examined, or ever eſteemed it a breach of Magna Charta, or a thing againſt the Subjects Liberty? I dare ſay, the Committee of Examinations have examined above five thouſand perſons of all ſorts, ſexes, degrees, before them in caſes which concern themſelves, and yet never met with any that refuſed to be examined, or that pleaded Magna Charta againſt it, till Lawleſſe John Lilburn (or ſome of his Diſciples) came to be examined before them; who when he was ſent for before this very Committee about his firſt printed Letter to my ſelfe, had not learned ſo much Law as he hath gained ſince, for he then ſubmitted to an examination, wherein he confeſſed both the writing and printing of that Letter; and for this his conformity was not then committed, but ſuffered to goe at large, till the matter ſhould bee reported to the Houſe. Not to ſpend more time, or cite preſidents in ſo plaine a caſe; the two grand Iriſh Rebels, Mac-Guire and Mac-Mohon, were upon their apprehenſions in Ireland, examined touching that late horrid Treaſon and Rebellion there, of which they were chiefe contrivers; and being ſent for over hither by the Parliament, were ſeverall times examined by Order of the Houſes, both by the Chiefe-Iuſtice and others; and by their own examinations thus taken, (being the principall evidence againſt them) condemned and executed at Tyburn, according to their juſt demerits, never pleading nor pretending, that their examinations & the proceedings againſt them were againſt Magna Charta. If Io. Lilburn then and all others cannot but ſubſcribe to all the premiſes, he muſt p. 26then recant his falſe miſtaken Law in this particular, as well as in the former.

This poore Ignoramus hath nothing to object againſt this, but that to be examined upon Interrogatories concerning our ſelves, as we were in the Starchamber and High-Commiſſion, is againſt the Law of Nature, and that which cauſed this Parliament to ſuppreſſe thoſe Courts, and to vote his own ſentence there illegall, unjuſt, arbitrary, againſt the ſubjects Liberty; and yet now they walk in the very ſame ſteps, and build up that again which by that Ʋote they formerly deſtroyed. So he dogmatizeth in page 15 of his Letter.

Take then an anſwer to it in few words; 1 It is neither againſt the Law of Nature, nor of the Land, nor Magna Charta, nor the Petition of Right, for a man to be examined againſt himſelf upon interrogatories (as all the premiſes ſufficiently manifeſt) no not in caſes of Treaſon, Felony, nor in any other caſe; nor yet againſt the Law of God, for then Ioſhua had never thus examined Achan in a caſe where his confeſſion coſt him his life, Ioſh. 7. 14. 15. 19, to 26. nor Peter, Ananias and Saphyra, wherein their Lie loſt their lives, Acts 5. 1. to 11. Indeed in capitall, and ſome other meere criminall cauſes, a man by our Lawes ought not to be examined upon his oath againſt himſelfe, nor yet in caſe of Illegall Loanes, the only thing complained of and provided againſt by the Petition of Right; but without oath men are and may be thus examined againſt themſelves, by the rules and conſtant practiſe of our Law, and in ſome criminall cauſes upon oath to.

2 The examination of men upon their oathes in Starchamber, was held lawfull, and uſed there above an hundred yeares without diſpute; neither did this Parliament ever judge ſuch examinations againſt Law, or pull down that Court for them; nor yet in your own caſe ſo vote or adjudge: But that which they voted againſt, and that for which they ſuppreſſed this Court, was the bloodineſſe and exorbitancy of their Cenſures, Fines, for ſmall or no offences; for making that criminall which was legall; that a great offence, which was neither a fault, nor crime, and making that Court as an Engine to undermine all our Lawes and Liberties by degrees; and bringing thoſe into it (as Sheriffs, Iuſtices, and others) who refuſed to levy or pay Shipmoney, or oppoſed any Oppreſſions, Monopolies, unlawfull Taxes, Projects, Impoſitions, Innovations, or Arbitrary proceedings in State or Church; or maintained the juſt Rights, Lawes, and Liberties of the Subjects againſt them. And the High Commiſſion was voted down on the like grounds, but not principally for the Oath ex Officio, which was condemned in them not ſo much becauſe it was unlawfull for any man to accuſe himſelfe, or be examined in his own cauſe, with, or without an oath (for then the Chancery, Exchequer, and Court of Wards, where men are to anſwer and are examined upon oath againſt themſelves, ſhould have been ſuppreſſed as well as it;) but upon two other reaſons. 1. Becauſe men were there forced to take this Oath before ſight of their Articles, and ſo ſworn to anſwer criminally to what they knew not when they took the Oath, ſo as they could not ſweare in judgement. 2. Becauſe the High-Commiſſioners had no power given them by the Statute of 1 Eliz. c. 1. or any other Law, to adminiſter any ſuch Oath.

p. 273 Sundry Acts of Parliament have preſcribed Oathes, to be given to men in their own caſes in ſundry particulars, as the Statutes in the **5 R. 2. c. 13. 8 H. 6. c. 7. 14. H. 8. c. 5. 3 Iac. c. 4. 5. 1 Iac. c. 15. 21 Iac. c. 19.Jas 4:5Jas 4:1Margin will inform you. Therfore they are not ſimply againſt Law; but yet the Committee of Examinations examined not Lilburne upon Oath againſt himſelfe, and they had a ſpeciall Order from the Houſe to examine him without Oath, which they might juſtly do, & daily practiſe in caſe of Delinquency, in other mens caſes; therfore his inſolent contemptuous refuſall to be thus examined by them, was a moſt high inſufferable contumacy againſt the Committee, Parliament, their Power and Priviledges, for which he was moſt juſtly committed See p. 7. 8.to Newgate, as the Houſe hath unanimouſly voted; and that according to the rules of Law, Magna Charta, and the Petition of Right, the particular cauſes of his impriſonment being expreſſed in the forcited warrant by which he was committed to Newgate.

By all which it is moſt evident, that both the Committees and Parliaments proceedings againſt this obſtinate Libeller and Lyar, have beene in every circumſtance and punctilio, agreeable to the conſtant practice, rules, proceedings of Law and Iuſtice, yea warranted by Magna Charta and the Petition of Right, and no wayes repugnant to them in any particular whatſoever. Therefore Lilburnes ſeditious railing Invectives againſt them, both in his printed Libels, and his ordinary Diſcourſes, with the late moſt ſeditious printed Paper, entituled, A Copy of a Letter from an Ʋtter Barriſter to his speciall Friend, concerning Lievtenant Colonell Lilburnes impriſonment, declaiming againſt his commitment as illegall, and adviſing him to appeale to the People for right againſt the Parliament concerning his reſtraint, as to the ſupream Power, &c. are but meer malicious, ſcandalous Libels and Firebrands of ſedition, to excite the ignorant vulgar, and Separatiſts of his Faction againſt the Parliament; and promote ſome Anabaptiſts long agitated and late detected Conſpiracy, to root out the Members of this Parliament by degrees, beginning with Mr Speaker, whom if they could cut off, all the reſt would eaſily follow: and if this ſucceeded not, then to ſuppreſſe and cut off this Parliament by force of Arms, and ſet up a new Parliament of their own choyce and Faction; to which Conſpiracy all Lilburnes mutinous Papers, the Arraignment of Perſecution, A ſacred Synodall Decretall, Martins Eccho, with other ſeditious Pamphlets mentioned in my Freſh Diſcovery of new prodigious lights and Firebrands, and two new printed Pamphlets ſince; the one entituled, Englands miſery and remedy, in a Iudicious Letter from an Ʋtter Barriſter to his ſpeciall Friend, concerning Lievetenant Colonell Lilburnes impriſonment in Newgate; and another Paper begining thus; In the 115 page, &c. were but ſo many preparatives and incentives to prepare the people to joyne with, and aſſiſt them in this damnable Traytorly Plot.

Having thus farre vindicated the Parliaments and Committees Iuſtice and legality in their proceedings againſt Lilburnes Notorious Calumnies, Lyes, and miſtaken law, I ſhould in the next place have vindicated Mr Speaker, with the reſt of the Members of the Commons Houſe, from thoſe groundleſſe lyes and ſlanders he reported of them, for which he was firſt apprehended by p. 28Vote of the Houſe. But becauſe this matter hath been fully fifted to the bottom by the Committee of Examinations, and from thence reported to the Houſe, which hath by ſolemne Votes acquitted Mr Speaker, the other Members, and Sir Iohn Lenthall, from the groundleſſe ſlanderous reports concerning them, I ſhall only here inſert the Votes, and ſo paſſe it over.

Die Lunae 15 Septembris 1645.

UPon Mr Whittacres Report of the whole ſtate of the Proceedings before the Committee of Examinations, concerning Mr Speaker and Sir Iohn Lenthall, it is

Reſolved &c.

That the Houſe doth agree with the Committee, that there is no colour of proofe appearing of Mr Speakers ſending of 60000. l. or any ſumme of money to Oxford, or conſenting thereunto.

Reſolved &c.

That this Houſe doth agree with the Committee, that there is no colour of proofe appearing of Mr Speaker, or any Member of the Houſe, holding any correſpondency with Oxford.

Reſolved &c.

That this Houſe doth agree with the Committee, that it was a breach of Priviledge of Parliament in the Committees of Surry and Salters Hall, to enter upon any examination touching Mr Speaker or any Member of this Houſe.

Reſolved &c.

That there is not any colour of proofe of 60000. l. or any money at all ſent by Sir Iohn Lenthall to Oxford, or that he was privy to any money ſent or received to that purpoſe.

Reſolved &c.

That there is not any proofe againſt Sir Iohn Lenthall of holding any correſpondency with Oxford, by Letter, Meſſage or any other way.

p. 29Reſolved &c.

That this Complaint hath beene raiſed and proſecuted without any ground at all, falſly, maliciouſly, and ſcandalouſly.

Reſolved &c.

That William Pendred, Edward Ienkes and Hannah his wife, Iames Freeze, and Stephen Pratt, have beene principall inſtigators and proſecutors of theſe proceedings, and deſerve ſevere and exemplary puniſhment.

Mr Selden

Mr Grimſtone

Mr Recorder

Mr Sandys

Mr Whitlock

Mr Leſſe

Sir Tho. Widdrington

Serjeant Wylde.

This Committee or any three of them, is appointed to conſider what exemplary puniſhment is fit to be inflicted upon the malicious Inſtigators and Proſecutors of theſe Proceedings named in the Votes aforeſaid, and that they doe bring in their Report by Thurſday morning next peremptorily; And are to meet when and where they pleaſe.

Copia vera. H. Elſynge Cler. Parl. D. Com.

I could willingly here caſt Anchor, and rake no further into Lilburnes dunghill and Legend of lies; pretermitting all his ſcurrilous Invectives and ſlanderous falſhoods againſt my ſelfe, as not worth my taking notice, or any Animadverſions on them; but becauſe I know the Naturall Diſpoſition of this Libeller, and his perverſe Generation of ſeduced Diſciples, that they would judge me guilty of all the falſe Asperſions he hath caſt upon me in his Libells, if I ſhould only vindicate the Parliament and its Members, not my ſelfe; and ſo cannot, without betraying mine owne Innocency and Reputation, pretermit or paſſe them by in ſilence; I ſhall crave ſo much liberty and patience from the Reader, as to wipe off the dirt and lying Calumnies which hee hath moſt injuriouſly caſt into my face, to wound and blaſt my credit and integrity with all of his owne Schiſmaticall Tribe, and others to, as much as in him lies, though unable to effect it.

In his Copy of a Letter to a Friend, pag. 12. he begins his railing ſcandalous Lyes againſt my ſelfe, in ſtead of recanting thoſe in his former Letter and Anſwer to the Committee; and becauſe I am a Lawyer he hath muſtered p. 30up no leſſe then a whole Iury of notorious Lyes and Slanders againſt me, which I ſhall relate and anſwer in their order.

1. The firſt is, That Mr Prynne writ Books, and the Parliament licenſed them, wherein he preſſeth to have all thoſe deſtroyed and cut in pieces, which he ſtyled Independents, for all the good ſervices that they had done the Kingdome, and by his unſufferable ſlanders, wicked bloody, and un-Engliſh mans provocations, having written Books AGAINST ME and my harmleſſe Brethren, tending cauſleſly to our utter ruine and deſtruction. Certainly this is a Lye for the whetſtone; let him ſhew any ſuch thing in any of my writings, as he relates (confeſſed to be licenſed by the Parliament for their greater honour and Authentickneſſe) which I am certaine he can never doe, though he writes, Poore I being almoſt overwhelmed in my ſpirit at the peruſall of them &c. writ to him an Epiſtle in one ſheet; or any Books writ by me againſt himſelfe; or elſe be for ever branded for a Lyar in the higheſt degree.

2. The ſecond; That I did moſt lyingly, juſt William Prynne like, affirme before the Committee of Examinations, that his Letter was ſent to the Preſſe and publiſhed in print, before ever I read or peruſed it: which verily is moſt falſe (mark his reaſon) for it was delivered him three or foure dayes, before it was printed. I anſwer, admit this latter clauſe true, touching the delivery of his Letter to me, yet doth it follow thereupon, that I did preſently read and peruſe it as ſoone as it was delivered? or can this falſe Accuſer produce any one witneſſe or circumſtance to prove, I did ever read or peruſe it before it was printed by his appointment? Surely no, I had at that time other publike preſſing occaſions lying on my hands, of greater importance then the peruſall of his libellous Letter, which retarded me from any ſerious peruſall or reading it over, till I ſaw it in print. This I affirmed for truth to the Committee, and will ſtill maintaine, whatever Iohn Lilburne (to uſe his own language) moſt lyingly, juſt like himſelfe, affirmes to the contrary.

3. The third, That Mr Prynne was then aſhmed of this his falſe information before the Committee, and durſt not goe on to abide the proofe of it, but put it off with ſophiſticall tricks: And alſo ††Ergo he was heard before the Committee, and knew his Accuſation and Accuſer by his owne con…ſſion.before the Committee at the next time, to his face, I chalenged him hand to hand, to diſpute upon any one propoſition he would pitch upon in the whole Letter, and referre my ſelfe to the Committee themſelves to be Iudges, and would ſtand to their Iudgement, but the paultry Simpleton declined it. All this is a moſt palpable paultry Lye, and not one ſyllable of it true, as both the Chaire man and Committee will atteſt; he being then and there queſtioned, not for writing to, or libelling againſt Mr Prynne, but for printing this Letter without licenſe, contrary to Ordinances of Parliament, and for libelling therein againſt the Aſſembly, the Ordinances and Proceedings of Parliament, and charging the Parliament it ſelfe (moſt falſly and ſeditiouſly) with breach of their Covenant: Whereupon he was by ſpeciall Order of the Commons Houſe forementioned, convented before the Committee of Examinations for thoſe offences only, not for any thing relating to Mr Pryn, nor for any Propoſition in his Letter. And wheras he vaunts, that he chalenged Mr Prynne to diſpute with him before the Committee upon any Propoſition p. 31in his Letter, and make the Committee themſelves Iudges, it is a meere vainglorious Lye, without any ſhadow of truth; ſerving only to diſcover his pride and inſolency to the world, ſuch a chalenge (if true) being no wayes ſeemly or ſufferable before ſuch a Committee: And had any ſuch beene made, Mr Pryn could with eaſe have proved him as great an Ignoramus in his Divinity, as he hath here manifeſted him to be in his Law; and have informed him, he might have done well to wave ſuch a chalenge, his Propoſitions having been long before that anſwered, refuted publickly in print by another hand, to which this Simpleton never yet durſt adventure to returne the leaſt Reply.

4. The fourth; That Mr Prynne (it ſeems) was the man that got Iuſtice Whitaker to commit him to cuſtody about the 14 of May, before either hee knew his accuſer or accuſation. This is but his owne ſeeming conjecture, a ſcandall to Mr Whitaker and the Committee, who ſaw cauſe ſufficient upon the very Order of the Houſe, the examination of the libellous Paſſages in his Letter againſt the Aſſembly and Parliament, and his contemptuous unlicenſed printing of his Anſwer given unto them in writing, contrary to ſundry Ordinances of Parliament, and the Stationers complaints againſt him, to ſend for him by a Meſſenger then, and ſince that to commit him to Newgate, for printing his laſt ſcandalous, ſcurrilous, and moſt ſeditious Letter; and that without any infringement of Magna Charta, or the Subjects Liberties, which never authoriſed John Lilburne, nor any other perſon, to print Lyes and Libels againſt the whole Parliament, Speaker, Particular Members of both Houſes, or other perſons of Quality, which by the Statutes of Weſtminſter 2. c. 33. 2 R. 3. c. 5. 12 R. 2. c. 5. and other Acts, is not only puniſhable by impriſonment, See Cook. 5. Rep. f. 125. &c. 9. f. 59. ^b.fine, and other corporall cenſures, but in ſome caſes with death.

5. The fifth is p. 20. That ſurely the man (Mr Prynne) is out of his wits, (for diſcovering, publiſhing his and his Confederates groſſe Lyes, Libels, and Slanders againſt the Parliament and Aſſembly, to the world in his laſt Book) whereas all that read his Letters, their Libels, and Mr Prynnes ſaid Book, will rather deeme himſelfe and them out of their wits, then Mr Prynne, who was then, and yet, God be thanked, known to be in his right ſenſes by all but Bedlam Iohn Lilburne.

6. The ſixth is conteined in the ſame page, where he honours me with this worſhipfull Epithite, and language, Will. Pryn the Lawyer, but rather the grand Lyar; (and why ſo?) becauſe he it told by Captaine Hobſon a Taylor, and Captaine Beamond an Apothecary, (two Anabaptiſticall Lay-preachers, committed for preaching about Newport Pannell, contrary to an Ordinance of Parliament) that the maine things charged againſt them by Sir Samuel Luke, are only proved by one witneſſe, (who as they have informed him, is as baſe and vile as a man can be) and contradicted by ſome foure or five of Sir Samuel Lukes owne witneſſes &c. Certainly ſome Members of the Committee and Commons Houſe, who then heard, and have ſince read the Examinations of Sir Samuels witneſſes, to the ſhame of theſe unſufferable GRAND LYARS, will avow, that all the Charges againſt them are not only confirmed and made good by Sir Samuel Lukes owne teſtimony, p. 32a perſon of Honour, but likewiſe punctually proved, atteſted by three or foure witneſſes at leaſt (whoſe depoſitions I my ſelf have peruſed in the originall Book) of farre better credit, quality, and reputation then the parties accuſed; and that they all unanimouſly concurre, without the leaſt contradiction, proving much more againſt them then Mr Prynne relates of them; And therfore Iohn Lilburn (to uſe his own language) here ſhews himſelfe once more a Grand Lyar, in giving ſuch unſeemly ſpeeches to Mr Prynne, for relating nought but truth; and defaming, traducing the witneſſes produced by Sir Samuel (whoſe perſons, conditions he knowes not) in ſo groſſe a manner, upon the Delinquents own bare falſe reports.

7. The ſeventh, That Mr Prynne hath publiſhed to the world abundance of lyes and ſlanders, not only againſt theſe Lay-preachers, but alſo againſt Honourable Sir Thomas Fairfax, and Honourable Cromwell, and divers other chiefe Officers in the Army, to whom the whole Kingdome owes ſo much honour and reſpect, for all their faithfulneſſe and good ſervice done them: which (writes he) is ſo inſufferable, unwarrantable, unjuſt, and abuſive as I think was never done by any to the Parliament ſince they ſate, beſides Mr Prynne: And I am conſident, if I had done as much as he hath in that Book (he meanes, my Freſh Diſcovery) and had beene ſuch a firebrand, as there he is, I ſhould hardly eſcape Tiburne.

O the intollerable Impudency of this Scribler, whoſe lines are as full of lyes as a Dog of fleas! In my Epiſtle to the Parliament before my Freſh Diſcovery, I occaſionally related; That two Captain Pr…achers. Hobſon and Beamond, apprehended by Sir Samuel Luke for bre…ch of an O…dina…ce of Parliament againſt Lay-Preachers, did among other their lavaſh ſpeeches, MOST FALSLY AND SEDITIOUSLY AFFIRME; That the Generall and all the Colonels in the Army were deeply engaged in their deſigne of preaching &c. of purpoſe to vindicate the Honourable Victorious Generall and his Noble Colonels from this very notorious falſe ſlander moſt untruly caſt upon them by theſe ſlanderers. For doing them this right and honour, I am thus moſt ſcandalouſly charged by Lilburne, with publiſhing lyes and ſlanders againſt them, with being a firebrand, and deſerving Tyburne; who on the contrary juſtifies and pleades for theſe ſlanderous Delinquents in three whole pages, and thereby ſlanders both the Generall and Officers in the higheſt degree, whoſe Innocency I have vindicated from their miſreports. Certainly, all Lilburnes friends, who have any ſpark of Truth or Chriſtianity in their breaſts, will for ever execrate and renounce ſuch an abominable impudent ſlanderer as this, who dares affirme ſuch groſſe untruthes, even in print; and I wiſh his publike penitence for all his premiſed ſlanders may be ſuch as none may ever conclude in his owne termes; that ſince he hath beene a farre greater Firebrand in his laſt printed libellous Letters, then Mr Prynne appeares to be in his Freſh Diſcovery, he will hardly eſcape Tiburn, if juſtly proſecuted for and cenſured according to his miſdemeanors.

8. The eighth is, That in page 22. hee promiſeth hereafter at ſome other time to anatomize Will Prynnes lyes and fooleries, and deſtructive practiſes p. 33to the Common-wealth in ſupporting Sir Phillip Cartwright, the Malignant governour of Ierſey, who by his meanes alone hath been as great an inſtrument of the ſupport of the King, and of his unjuſt wars, as any hath been in England.

It ſeemes this Libeller for want of preſent matter intends to forge and publiſh ſome new lies and forgeries of me for the future, which I ſhall as eaſily wipe off, as thoſe already charged on me: As for my ſuppoſed deſtructive practiſes to the Common-wealth in ſupporting Sir Philip Cartwright (he ſhould ſay Carteret, a man he never knew) I ſhall give a brief account thereof becauſe it moſt concerns the State to be truly informed of it, and of the loſſe of Jerſey.

It is very well known to the world, what extraordinary favours and reſpect I received from Sir Philip Carteret and his Lady during my three yeares cloſe impriſonment, and exile in Ierſey, when all my kindred and friends, by ſpeciall order from the Lords were debarred any acceſſe unto me; and none of my friends in England durſt publikely to own me; and that my brother Burton (then cloſe priſoner in Garnſey Caſtle) did by his intereſt in the Governour there, at my requeſt, procure him more liberty, reſpect, and better Accommodations then all his other friends could obtain for him. In reſpect of which obligations, I ſhould have manifeſted my ſelf a Monſter of ingratitude, had I not contributed my beſt aſsiſtance to ſupport Sir Philips innocency, honour, and reputation, againſt the malicious and injurious Accuſations, Aſperſions of his inveterate backbiting Enemies, who endeavoured only to defame, and out him of his Offices of truſt, that themſelves might ſtep into them. Among theſe his Adverſaries, one Bandinell an Italian, Dean of Ierſey (who firſt introduced Epiſcopall Government, and Iuriſdiction into that Iſland) a man of a very lewd and wicked life, and a crafty Machivilian was the chiefe; who came purpoſely over into England, to procure a Benefice in Ierſey for a diſtracted ſon of his, and to complain to the Archbiſhop of Canterbury againſt Sir Philip, for his courteſies and kindeneſſe unto me, as the readieſt means to obtain his deſires; but inſtead thereof, this Parliament being aſſembled before his arrivall here, and the Archbiſhop queſtioned, he met with Articles of complaint againſt himſelf, for ſeverall groſſe miſdemeanors and oppreſſions done by him in that Iſle as Dean, for which he was committed by the Commons Houſe for two or three moneths to the Serjeants cuſtody; after which he confederating with one Monſieur Samyres of Ierſey, who was juſtly queſtioned by Sir Philip for an aſtront againſt him as Deputy Governour, in laying down his Captains ſtaffe, and command in the open field, becauſe he could not have his will in diſpoſing of the Lieutenants place in his band to a perſon altogether unfit, whom the whole company diſliked; they firſt of all ſecretly contrived divers falſe and ſcandalous Articles againſt Sir Philip to the Parliament, without any name ſubſcribed to them, and incloſed them in a Letter, deſiring any wel-affected perſon, who ſhould take them, to preſent them to the houſe of Parliament, left them upon the Stocks at London, where being found by one who paſſed that way, they were preſented to ſome Members of the Houſe, who gave Sir Philip notice thereof: Not long after, this Deane and Samyres drew up a large paper of Articles (the very ſame in ſubſtance, and for the moſt part in words with the former) and delivered ſome Copies of them to p. 34ſundry Members of both Houſes, but were not forwards to preſſe them to be read, that ſo they might ſlander Sir Philip in the opinion of thoſe Members by this underhand dealing to ſtay his return to Ierſey, and he be diſabled to clear his innocency; which Sir Philip hearing of, procured theſe Articles (which they left in the Earl of Stamfords hands) to be read in the Lords Houſe, and ſo mooved his adverſaries to make them good if they could, that ſo he might clear himſelf from their falſe Accuſations ere his departure from hence, and not be ſlandered in his abſence: Whereupon at Sir Philips ſollicitation only, not theirs, a day of hearing was appointed before a Committee of Lords in the Lords Houſe, whereat I was preſent: The Dean and Samyres being called in, they were demanded firſt, whether they had any deputation, or Cōmiſſion from all the Iſlanders, or any conſiderable part of them to exhibite theſe Articles againſt Sir Philip, they being intituled, Articles exhibited by the Inhabitants of the Iſle of Ierſey againſt Sir Philip Carteret, and complaining for the moſt part only of generall grievances to the Iſland: They anſwered, they had no deputation from the States or Inhabitants of the Iſland to exhibite thoſe articles, but they doubted not but they would juſtifie and allow what they had done; Whereupon Sir Philip produced a Deputation from the three Eſtates of that Iſland made in their generall Aſſembly under their common Seal, deputing & intruſting him for their Agent to the Parliament, to inform them of ſome publick grievances of which they deſired redreſſe, and crave ſome confirmation and enlargement of their priviledges; which Deputation certainly they would never have made to him, had himſelf been the chief and only publick grievance, as the Articles imported, and ſuch an enemy to their common good as was ſuggeſted. Whereupon the Lords were fully ſatisfied, the accuſers ſilenced & reproved by the Lords for abuſing them & the Iſlanders, in preſenting a Petition in their names without their privity and Commiſſion, againſt a perſon of honour deputed by them to the Parliament and ſtate. After which, they demanded of them ſeverally, what they could object or prove againſt Sir Philip, who anſwered that they could prove nothing for the preſent, ſince all their witneſſes were in Ierſey, and that they could atteſt little of their own knowledge; only Samyres complained, that Sir Philip had put him from his Captains place, and ordered him to anſwer his contempt in England in refuſing to take it up again; whereupon Sir Philip anſwered, that he had voluntarily laid it down in contempt, for which he had power to Fine and commit him; but in regard he was his kinſman, and one of a weak eſtate, he only gave him an admonition, and uſed him with all kindneſſe and civility: which Samyres could not deny, on whoſe part the buſineſſe appeared ſo foul, that they told Sir Philip, becauſe he did not committ him for his contempt then, they would commit him now, and the Dean too, for their malicious libellous Articles, which they could not prove, nor ſay any thing to of their own knowledge; But by Sir Philips importunity and requeſt, their commitment was taken off: Soon after which, Sir Philip was ſetled Deputy Governour of that Iſle by order and approbation of both Houſes, and ordered to put it in a poſture of defence againſt the French; whereupon he returned to Ierſey, and I departed into the Country; of which his malicious proſecutors taking advantage, cauſed their falſe and ſcanſcandalous p. 35Articles to be ſecretly Printed at their own charge, and diſperſed into divers Parliament mens hands and others about London, and then carried the reſidue of them into Ierſey, where they tranſlated them into French, and diſperſed them among their Acquaintance and the people, as if they had been Printed by the Parliaments Authority, and made good before them, of purpoſe to raiſe a Faction againſt Sir Philip, for which being there judicially queſtioned and Indicted, they thereupon appealed to the Parliament, pretending their Articles were there depending; to take off which proſecution, upon ſome miſ-information of theirs againſt Sir Philip to the cloſe Committee, they procured a Warrant to ſend for him over into England as a Priſoner, to anſwer to ſome charges againſt him, contained in the former Articles.

Whereupon Sir Philip writ a Letter to the Committee, acquainting them with the former malice of his enemies; his diſcharge of theſe Accuſations on a hearing before the Lords, the coſt and danger of his journy thence, the inconvenience to the ſtate of his preſent deſerting the Iſland, deſiring that till ſome offence were really proved againſt him, he might not thus bevexed upon a meer ſuggeſtion being a perſon of quality having ſo great a truſt, and ſetled there by a late ſpeciall Order of both Houſes, offering to give Bond or any other ſecurity to the Parliament, to anſwer any charge that his proſecutors ſhould either in England, or by a Commiſſion in Ierſey be able to prove againſt him; ſo as they on the other ſide might enter into Bond to anſwer him dammages, in caſe he ſhould clear himſelf from all their accuſations, of which he made no doubt; Whereupon the Committee were fully ſatisfied, but not the proſecutors malice; For one Maximilian Meſſervy and his brother, who during my impriſonment in Ierſey were accuſed for Coyning, and venting counterfeit Coyne of all ſorts, both Gold and ſilver; and (Maximilian being impriſoned for his crime divers months, the melting pot, Mould, Mettles, ſophiſticated with ſome falſe Silver and Gold being found in his ſtudy, which I my ſelf there ſaw, beſides ſundry ſingle and double falſe Piſtols, which he vented unto others, for which offence he had been executed, had not he obtained a ſpeciall pardon from the King, by Sir Philips and Captain Carterets means) falling about this time to their old trade of Coyning falſe gold, and venting ſome of it both in Normandy and the Iſland; Sir Philip upon complaint and proof thereof, ſent out Warrants and Officers to apprehend them, and made Proclamation (there uſuall) that none ſhould convey them out of the Iſland; notwithſtanding, they both eſcaped thence in the night in a ſmall boat, and fled into France, and not long after into England: Sir Philip upon their flight, before their arrivall here, writ a Letter to my ſelf, informing me of the particulars of the offence and proof againſt them, craving my adviſe how to proceed now they were ſled from thence, and how to puniſh him that tranſported them contrary to his Proclamation; to which I returned an Anſwer. Upon theſe Coyners arrivall at London, they ſiding with Sir Philips oppoſites, complained of great injuries he had done them for their good affection to the Parliament, and pretended they could ptove great matters againſt him concerning the State, if they could but procure a Warrant to apprehend and bring him over priſoner; and by the help of ſome friends they made p. 36here, and their falſe inſinuations they procured a Warrant from the cloſe Committee, for theſe two Coyners to go unto Ierſey and apprehend Sir Philip, and bring him over Priſoner to the Parliament, which Warrant was ſigned and delivered to Ma…ian: Of which I caſually having information, and knowing what cr…es they were guilty of, and that Maximillian was as very a villain, & cunning …heater as breathed (having formerly cheated divers of my friends, & my …) did according to my bounden duty, and the care I had of the Parliaments honour, acquaint ſome of the Committee with this groſſe abuſe, and the qualities of tho… perſons, informing them, what an extraordinary ſcandall and diſhonour it would be to the Parliament, and what cauſe of clamours and juſt exceptions it would give to the Kings Malignant party to exclaim againſt them, if they upon the information of thoſe falſe Coyners, who were Traitors by Law, and had relapſed into this offence after a Pardon, and now fled from thence to eſcape the hands of Iuſtice, ſhould thus be ſent over thither by the Parliaments Authority as their Agents, to apprehend Sir Philip, the Governour, a man of honour and credit, (who had formerly ſaved them from the Gallows, and did now but his duty in proſecuting them, and craved my advice therein before their arrivall here) and bring him priſoner over hither, who had juſt cauſe to apprehend and hang them there: That this would be ſuch an Act of indiſcretion and injuſtice, as would open the mouthes of all the world againſt them, and alienate the heart of Sir Philip, the whole Iſland and all good men from them: And thereupon I deſired them to take ſome courſe to call in their Warrant, which they thought very juſt, and deſired my aſſiſtance therein; whereupon, I imployed one to finde out their lodgings, which he did at laſt, informing me withall, that they were full of money, and that Maximilian had offered a ſmall Ingot of gold to ſell; whereupon I conceiving they had here ſet up their Coyning trade for which they fled from Jerſey, procured a Warrant from Iuſtice Hooker to apprehend their perſons, and ſearch their lodgings for ſuſpition of Coyning, which was delivered to one Maſter Stone a Conſtable in Saint Clements; who coming early in the morning to their lodging, and ſtanding at their Chamber door, heard them telling mony on the Table, which he conceived to amount to five or ſix pounds at leaſt by the noiſe it made, after which he knocking at the door and demanding them to open it, they ſuſpecting by his words and carriage he was ſome Officer, refuſed to do it, ſtood upon their guard, and Maximillian offered to eſcape forth out of a Garret window, and after that at a back door; but at laſt they were both apprehended and ſearched, but no money could be found about them, except three or four pieces of French and Spaniſh Coyn, not amounting to above five or ſix ſhillings: But in Maximilians Trunk there was found a plate and mould to coyne with, which himſelf beſpoke about a month before of a Smith neer Charing Croſſe, bringing him the pattern in paper, pretending it was an inſtrument, which he muſt uſe in the Army, wherein he pretended he was to be a Trooper; together with powder to caſt gold and ſilver mettle in, and Alchimy Salts to colour their falſe ſilver with; & in the chamber over theirs, there was found about a pound or two of their falſe mettle (hid under the mats in a corner) ſome in the lump not ſophiſticated, ſome p. 37in ſmall pieces newly melted, and ſo cunningly ſophiſticated with Alchimy ingredients, that it ſhewed like ſilver, and would indure the Teſt; inſomuch, that the Goldſmiths themſelves could not diſcern whether it was ſophiſticated or not, till Sir John Wollaſtons ſervants melted it down; and then there was not one grain of ſilver in it, being the moſt artificiall counterfeiting of ſilver without any mixture of it, that they ever ſaw. VponUpon theſe pregnant evidences of their guiltineſſe of coyning falſe money here, ſeconded with their reall guilt of it in Ierſey, whence they ſo lately fled: They were examined by Iuſtice Shepherd: where Maximillian confeſſing his having the Ingot of gold, which he tendred to ſale, and being examined what he had done therewith; Firſt, he ſaid he had given it away, but to whom he knew not: then, that he had exchanged it for ſome Commodities he wanted, but when, where, and with whom he exchanged it he knew not; afterwards he ſaid, he had delivered it to a Maſter of a Ship, and being taken tardy in that; his laſt envaſion was, that he had ſent it to Saint Mal…es in France: VponUpon all theſe circumſtances they were both committed Priſoners to the Gate-houſe, there being nothing wanting fully to convict them, but only ſome of their falſe Coyne, which they conveyed away in ſuch ſort that no piece of it could be found, though the Conſtable heard them telling it, as he conceived. After which they were examined by Sir Robert Harles Maſter of the Mint, who took away the Warrant they had from the cloſe Committee, to apprehend Sir Philip, which Maximillian carried about him in a little box: Not long after this, theſe two Coyners lying priſoners in the Gate-houſe, procured ſome Ierſey Anabaptiſts, and other of Sir Philips adverſaries, to informe ſome Members of the Houſe of Commons, that theſe two Coyners were very honeſt men, who came purpoſely from Ierſey to complain of Sir Philip to the Parliament for his Malignity and great oppreſſions, and that by a meer plot and combination of ſome Malignants and friends of Sir Philips; their lodgings were ſearched, and they committed by Iuſtice Hooker and Iuſtice Shepherd to the Gate-houſe, of purpoſe to take them off from proſecuting Sir Philip who was a great Royaliſt, and notorious Enemy to the Parliament, and would keep the Iſland only for the King; they having complained againſt him, and one or two of his Agents here, that were in cuſtody, to the Committee of Examinations; VponUpon which miſ-information, both the Iuſtices and Conſtable were ſent for to that Committee to be examined, touching this practiſe; who acquainting me therewith, I accompanied them thither, and hearing them begin to examine Iuſtice Shepherd in a criminall way, upon the pretended plot againſt theſe Coyners; I the reupon took all the buſineſſe on my ſelf, that the Iuſtices and Conſtable did what they had done upon my information, being meer ſtrangers to Sir Philip and the Priſoners, acquainted them with all the premiſes, produced Sir Philips Letters, the Mettle, Mould, and other particulars to make them good: informing how they had abuſed the cloſe Committee, and this Committee too, through their miſ-informations, and what a diſhonour it would be to countenance, or imploy ſuch villains, whom they ſhould either hang here, or ſend over thither in a way of Iuſtice to be executed, deſiring them to take ſome courſe to puniſh thoſe who did thus miſ-informe and abuſe them; neither of them daring to appear, p. 38to make good what they ſuggeſted: Whereupon the Iuſtices were diſmiſled, theſe Coyners remanded to the Gate-houſe, and Ordered to be proceeded againſt at the Seſſions: Whileſt theſe things were in agitation, about the time of theſe Coyners firſt arrivall in England, Sir Philip aſſembled the Eſtates of Ierſey together in nature of a Parliament; where he, and the States in name of the whole Iſland, framed and joyned together in two Petitions, the one to the King, the other to the Parliament, to this effect: That they were deeply affected with the diſſentions and civill Wars in England between the King and Parliament; that they feared the like diſtractions there, unleſſe timely prevented by their wiſdoms and care: That it was their cordiall deſire not to look on the King or Parliament as divided one from another, but united, and would thus cordially adhere to both, without ſiding againſt either, &c. Whereupon they humbly prayed they might enjoy their joynt favour and protection, and the like liberty of Trade to both their Quarters, as they enjoyed by ancient Charters between England and France, during the Wars between both, only with their Lawfull Commodities, without doing prejudice to either ſide.

This Petition to the Parliament, with Letters from Sir Philip to Mr. Pym were ſent to London by one John le Coulter of Ierſey, bound thence for England with divers Letters from ſome Engliſh Captives in Argeir, to their friends here about their Redemption; who coming to London with the Letters and Petition, preſently met with ſome Ierſey men, oppoſites to Sir Philip, and acquainting them that he had Letters from Sir Philip to Mr. Pym, with a Petition from the Eſtates of the whole Iſland to the Parliament, and deſiring their direction how he might preſent them to Mr. Pym, they preſently procured him to be ſeiſed on by a Meſſenger, as a Spye ſent purpoſely over by Sir Philip, (whom they cryed up for a Malignant and Enemy to the Parliament, without any colour or ſhadow of proofe) took away all his Letters and the Petition, which by this means was ſmothered and never preſented to the Houſe; and if preſented and Anſwered, would doubtleſſe have ſettled that Iſland in quietneſſe, and made Sir Philip and the whole Iſland firm to the Parliament: After which, by falſe ſuggeſtions, they detained him above three moneths in their Cuſtody, to his great expence, before I could procure his full releaſe: About the ſame time, one Oſmond Cooke, a Souldier of Mount-Orguile Caſtle, who attended on me in my Chamber, during all the time of my cloſe Impriſonment there, and came into England about halfe a year before, meerly upon his own private buſineſſe, to recover a houſe and ſome Lands in Beccles, deviſed to him by his Uncle, returning into Ierſey from hence, was in his paſſage thither by theſe malitious perſons Informations ſeiſed on in the Weſtern parts as a Spye to Sir Philip, ſent up Priſoner to London by Sea, and there detained in Cuſtody divers moneths: Notwithſtanding, there was no proof of any thing at all againſt him, but meer ſuggeſtions behinde his back, the which to my knowledge were falſe. Whiles theſe two parties were thus Impriſoned, Sir Philips Adverſaries, by their malitious ſuggeſtions, of his dangerous malignity and Enmity to the Parliament, and importunate ſolicitations, procured an Order from the cloſe Committee, for Major p. 39Lidcot and ſome other Officers, with ſix very good braſſe Ordnance, and ſundry Muſquets, Barrells of Powder, Match and Ammunition, to be ſent into Ierſey to apprehend Sir Philip, as an enemy to the Parliament, to beſiege and take in the Caſtles, ſecure the Iſland to the Parliament, and deſend their party there, and withall, got the Coyners Meſſeruies enlarged, to go over with them into Ierſey, Maximillian promiſing to do great matters for the Parliament, with the party he and his confederates would there raiſe, and out of my cordiall affection to the Parliament and that Iſland, acquainted Mr. Solicitor and others of the cloſe Committee, with the inconveniences and ill conſequence of this raſh deſign, of which I having intelligence, grounded upon meer miſinformations of Sir Philips adverſaries to effect their own ends: informing them upon my own knowledge that both Caſtles in Ierſey were ſo ſtrongly ſcituated & fortified, that they muſt have an Army by Land, and a Fleet by Sea to Block them up, that an hundred men in each would maintain the Caſtles againſt all the Force the Iſland could make, and three times more; and therefore it was a ridiculous thing to imagine that a Major with five or ſix Gunners and Officers, and that ſmall force Sir Philips Enemies could raiſe there ſhould take both or either of the Caſtles, eſpecially without a Fleet to aſſiſt them, one of them being quite ſurrounded with the Sea at half Flood, and above half the other at low water; that the Caſtles to my knowledge were very well furniſhed with Ordnance and Ammunition, for two or three years Siege; that they could every tide receive freſh Supplyes of Victualls, Men, and what ever they wanted from France and elſewhere: That the Iſlanders were generally rawe faint-hearted Souldiers, who durſt not come within Canon ſhot of the Caſtles, much leſſe approach a Breach, and run upon the Canons mouth, as they muſt do if they will take them: That if they ſent any Ordnance, Muſquets, or Ammunitions thither, which they needed at home, they would all certainly be loſt, and that they who engaged them in this action, did it more out of private ends and malice againſt Sir Philip, then any publike good to the Parliament; for admit the Parliament had the Caſtles and Iſland ſurrendred without a ſtroke, they would coſt them more the keeping, then they were worth, and draw a charge upon the State in theſe needfull times to no purpoſe, but to waſte the publike Treaſure: That in times of Peace, the King received not one peny profit from the Iſland, but only the Governour, whoſe whole income in time of war, would not maintain the Garriſon ſouldiers, requiſite to keep one of the two Caſtles, and that it could ſupply the Parliament neither with fighting men, nor money, nor Shipping in this time of War, but muſt be ſupplyed from hence with all theſe: And admit the King had it all in his abſolute power, it could do the Parliament no hurt at all, ſince it could neither ſupply him with Souldiers, Men, Money, Proviſions, nor Ammunition; and far remote from England, quite out of the road of our Engliſh Trade. That the Inhabitants being generally very poor, and having none but baſe French Coyne among them, could yield the King no ſupply of moneys: That Sir Philip Carteret and the States of the Iſland, did now by Petition and Letter, deſire the Parliaments friendſhip and Kings joyntly, and not to ſide with either as divided but United; and that he would engage himſelf, if they would give but a fair p. 40Anſwer to their Petition (which was ſuppreſſed by the oppoſite party) that Sir Philip and thoſe Iſlanders of his party, ſhould continue firm unto the Parliament, and their friends, and never do one act of Hoſtility or unkindeneſſe on the Kings behalf againſt them; and that the Parliaments and the Kings Ships upon all occaſions, ſhould have all accomodations, and ride ſafely in the Harbour there at their pleaſure, which was all the benefit we could reap if the Iſland and two Caſtles were totally in the Parliaments poſſeſſion: That if they ſent any Ships or Forces thither to apprehend Sir Philip, or Seiſe the Iſland and Caſtles by ſorce, (eſpecially by ſuch infamous perſons as the Coyners and ſome others were) it would make Sir Philip and his party to ſtand upon their guard, and perchance of friends or Neuters at the moſt, to turn profeſſed enemies, and ſide with them that were ill affected, without any advantage to the State, and draw much expence upon them, which would end in loſſe and diſhonour, as experience would manifeſt, and I would make appear by unanſwerable Arguments, before the whole Committee in the preſence of thoſe who put them upon this deſigne: To which end, I did put all this under my hand in writing, and left it with ſome of the cloſe Committee: Whereupon, there was ſome ſtop made of the Ierſey Expedition for a week or two; but afterwards ſome of the Committee crediting Sir Philips Adverſaries, who continually ſollicited them, and kept Oſmond Cooke and le Coultre in Priſon, and promiſed a preſent Conqueſt of the Caſtles and Iſland: Major Lidcot and ſome other Officers, through their importunity, were ſent over thither with ſix great Braſſe peeces, Muske…s, Powder, Match, and other neceſſaries: Before the Major departed hence, I meeting him at Weſtminſter Hall, informed him of the ſtrength of the Caſtles, the impoſſibility of taking them, the Cowardiſe and treachery of the Iſlanders, and of ſome of thoſe who were to go over with him, who would certainly betray him for their own advantage, eſpecially Maximillian the Coyner; and therefore adviſed him to be very vigilant, telling him I much feared he would ſoon return thence with loſſe and diſhonour, and without any ſucceſſe; which I acquainted him with, out of my good affection to himſelf and the State, the importunity of Sir Philips Adverſaries having engaged the Parliament and himſelf in this deſigne; which I endeavoured to hinder, but could not, and therefore had done my duty. Soon after they ſet ſayl for Ierſey, and there Landing with their Ordnance, Arms, Ammunition, ſummoned in the Country to beleaguer the Caſtles, which they did at a diſtance, out of danger of Canon ſhot for a little ſpace. But Captain Carteret arriving there with about fifty new Souldiers after Sir Philips death, (who died in the new Caſtle during the Leaguer,) the event proved anſwerable to my Predictions; the Canons, Muſquets, and Ammunition ſent thither, were all loſt and taken by Captain Carteret, the Major baſely deſerted by the Iſlanders, the Dean, Meſſeruy & others that went over with him from hence, who revolted to the other ſide, and with the hazard of life was forced to make his paſſage through the Enemy, and to flye thence by night in a ſmall Boat, and returne for England, to the great diſhonour and expence of the Parliament: And by this means the Iſland was totally loſt to the Parliament, and of reall Friends, or Neuters at the moſt, made their p. 41profeſſed Enemies: Whereas if my adviſe had been followed, this vaſt expence had been ſaved, this diſhonour prevented, and the Iſland continued firm to the Parliament, which hath been thus abuſed by Sir Philips oppoſites, meerly out of private ſpleen and ambition to gain his places, which God knows, they had neither wiſdom nor ability to manage: And this is Mr. Prynnes deſtructive practiſes to the Common-Wealth, in ſupporting Sir Philip Cartret, whom this ſlanderous Libeller, onelyonly upon falſe reports ſtiles, the Malignant Governour of Ierſey, and as great an inſtrument of ſupporting the King in his unjuſt warres as any hath beene in England, which is certainly a moſt loud Lye, ſince it hath not at all been proved, none I beleeve can ſay, that Sir Phillip ever ſupported the King in his warres, with Men, Money, Ammunition, nor ever did the leaſt hoſtile act againſt the Parliament; but onelyonly defended himſelfe, when cauſeleſly ſent for, and terribly aſſaulted by his Enemies ſollicitations, and miſ-informations to the Parliament; how ever this is certaine, that I never ſupported him in his Malignity, or ſince he turned Malignant, if he proved ſuch a one after the Majors arrivall there. And Major Ledcot will informe this ſlanderer, and all the world (as he did in Weſtminſter Hall, and in my chamber upon his return from this Ierſey expedition) that it had been happy for the Parliament and Iſland too, had my advice agrinſt that moſt improbable deſigne been hearkned to, that thoſe who put the Parliament on this Expedition, were moſt of them falſe diſhoneſt men, byaſſed with private intereſts, who deſerted him for their own advantage. And that he found every tittle I had informed the Parliament and himſelfe before his voyage, to be true by woſull experience: And therefore Iohn Lilburne may ſave the labour of anatomizing Mr. Pryns deſtructive practiſes to the Commonwealth, in this particular of Ierſey, and ſupport of Sir Phillip Cartret, wherewith hee promiſeth to abuſe the world ere long. And to that purpoſe hath imployed Anabaptiſts from Ierſey, who were the principall fomenters of this Expedition, to make a preſent underhand Inquiſition, of my carriage in this buſineſſe, which they are now very buſie about enquiring of every Ierſey man and others, (as divers of the parties have lately informed me) what they know or have heard concerning me and my carriage in Ierſey, and holding intelligence with Sir Phillip: And I ſhall onelyonly deſire him to take notice, that the Dean, Sir Phillips principall enemy, who betrayed Major Lydcot, being ſince impriſoned in Ierſey, and attempting an eſcape, broke both his legge and necke over the Caſtle walls; that Meſſeruy another principall actor who proved treacherous, is ſince executed in Ierſey for his coyning; that Monſieur Kiddel, a great ſtickler againſt Sir Philip, becauſe he could not have one of his daughters for his wife, was a perſon ſo ſcandalous for his drunkenneſſe and Venery, and ſtoring Garnſey with a ſpecious generation of Baſtards, that he was inforced to fly thence into England; That both the Gurdons Lawyers and others, who were moſt active in this plot, and made moſt friends in Parliament, are profeſſed Anabaptiſts, and now grown ſo inſolent, that they threaten and abuſe their other Countrymen, who will not joyn with them in their Anabaptiſticall Religion, and Church, and promiſe to themſelves all the Offices and government of the Iſland when reduced, and to ſet up p. 42their Religion there cum privilegio; That Monſieur Dariſtux was late a zealous popiſh Monk, who deſerting his orders (ſome ſay for incontinency) and advanced by Sir Phillips means to a living there, to my own knowledge proved a moſt ingratefull wretch towards him, and a meere fire-brand in the iſle, and ſince his coming over a chief incendiary in the French Church in Norwich, which he hath in a maner quite ruined & diſſolved; and theſe were Sir Phillips chief oppoſi…es, who engaged the Parliament in the invaſion of the Iſland of Ierſey, for their own privat ends, and have quite undone both Ierſey and Garnſey too, and put the Parliament to a vaſt expence, only to make the Iſlanders & Governors of them their Enemies, who upon my certaine knowledge were once, and I beleeve would ſtill have continued their faithfull friends, or at leaſt remained Neuters, and not attempted ought againſt the Parliament, or any really adhering to them. And for a cloſe of this particular, I ſhall averre thus much of my owne knowledge to doe deceaſed Sir Phillip right againſt his ſlanderers.

1. That during my impriſonment in Ierſey, and ever ſince, I found him a reall Friend to the State and Parliament of England in all his diſcourſes and actions; and a man as much joyed at the calling of this and the former Parliament, and as much grieved, and complaining at the diſſolving the laſt Parliament, as any.

2. That he was a man moſt cordiall and helpfull to poor diſtreſſed Proteſtants and Miniſters in France, during the late wars and perſecutions againſt them there; a noble harbourer and entertainer of them and theirs upon all occaſions, and more cordially aſſiſtant to, and honoured, beloved by them, and more complaining of our Courts treacheries towards them, eſpecially in the loſſe of Rochell, then any Engliſh Subject whatſoever, and both the Iſlands of Ierſey and Garnſey put together.

3. That he was the greateſt favourer, advancer, incourager of godly Miniſters of any in that Iſland, and more charitable, helpfull to the poor and ſick, upon all occaſions then all the Iſland beſides, there being ſcarce one day in the week, wherein his Lady at her own expence did not freely at Sir Philips coſt ſend Phyſick, and cordials to divers diſeaſed perſons of all ſorts.

4. That his Family was the moſt orderly, pious, Religious, courteous, Hoſpitall, and beſt nurtured by far of any in the Iſland, generally honoured and reſpected by all perſons of honour in Normandy, Brittany, Picardy, England and Ierſy too.

5. That he was an enemy to the Biſhops Tyranny and Proceeding, Innovations, and was ſo reputed at Court by the Archbiſhop; and uſed me and my brother Burton too, by my intereſt in him, with ſuch nobleneſſe and reſpect, when no other perſons of quality durſt to own us, or ſtand our friends, though we were meer ſtrangers to him.

6. That he was a man of more eminent parts for Government, Iuſtice, Peace, War, State affairs, and all publike imployment, then all the Iſlanders put together, and an excellent Pen-man.

7. That he was a faithfull, conſtant friend, and the only man in the Iſle; that I ever found or heard of ſit to be truſted with the Government and euſtody of p. 43it, or to be relied on as a friend: moſt natives having this Norman quality, that never a two of them almoſt (though allied and of the ſame blood) do cordially love, or really truſt one another, and will prove treacherous at any time to their neereſt friends and kindred for advantage.

8. He was the only man, that by reaſon of his friends and acquaintance in France, was either able or active to protect the Natives from injuries, and to procure them Iuſtice and relief, when injured, robbed or wronged by ſeizing of their goods in France: The only man able or willing to entertain ſtrangers with nobleneſſe and freedom; the beſt Iuſticiary between man and man in the whole Iſle, and the moſt willing and able to do any publick good, and procure favours for the Iſlanders, whom I am certain have much repented his death, and will hardly ever enjoy ſo good a Governour and reall friend to them as he was, having now a Lyon to rule over them inſtead of a Lamb.

9. He was the only man that procured Schollerſhips and Fellowſhips in Oxford for the Iſlanders of Ierſey, with ſundry Immunities both from England and France concerning Trade; and did twenty times more good in, to, and for the Iſland, then all his enemies put together, and to my knowledge had done far more, had he not been diſcouraged by his malicious and ingratefull proſecutors, ſome whereof were obliged to him for their very lives and eſtates, and all them for many more courteſies then ever they received from them: It being one vertue in the Iſlanders, of which I had experience in hundreds, which I there helped and cured gratis to my coſt, and not one of twenty would ſo much as returne me verball thanks, nor yet will thoſe Sir Philips Lady recovered even from the very jawes of death, and relieved both with food and rayment.

Laſtly, He was the only man of note in all the Iſle (ſetting all pretences and ſelf ends aſide) that was really cordiall to the Parliament, and beſt able, and moſt willing to do them any ſervice: And I am confident would have continued ſo till his death, and kept both Iſlands friendly and obedient to them, had not thoſe his malicious enemies (of mean birth and fortune in reſpect of him) by their Libels, ſlanders and falſe informations to the Parliament, and practiſes againſt him, diſ-obliged and engaged him to ſtand upon his guard till he could vindicate his own innocency and honour to the Parliament, againſt the falſe ſuggeſtions of his enemies, who never yet proved the leaſt crime or offence againſt him, and ſome of them the Meſſeruyes by name) profeſſed after to my ſelf and others, and acknowledged as much before the Committee of Examinations; That they could teſtifie nothing at all againſt him, and that he was the beſt Governour and Friend the Iſland ever had, after they had ſo much traduced him for a Malignant and oppreſſor.

All which conſidered, let the world judge, what cauſe I had to ſupport Sir Philips honour and reputation againſt ſuch malicious ſcandalous conſpirators, who plotted his diſ-grace and ruine, and who are moſt guilty of the diſ ingaging, undoing and loſſe of Ierſey and Garnſey Caſtle, the Iſl…nd to in effect, and putting the Parliament to a vaſt unneceſſary expence, to ſatisfie their own malicious and ambitious deſignes to multiply the Parliaments enemies, and diſ-oblige their beſt and faithfulleſt friends.

p. 44His 9. ſlanderous lye againſt me is, That he ſhall make it appeare that I have been a protector of thoſe that have betrayed the ſtrong holds of the Parliament, into the hands of the Cavaliers. Certainly, moſt thinke I am guiltleſſe of this, except it be onelyonly in proſecuting Col. Nathaniel Fincs (an Independent) ſo farre as a Councell of Warre, upon his owne engagements prove, for delivering up the ſtrong hold and rich City of Briſtoll, (the greateſt loſſe which befell the Parliament ſince theſe warres) into the hands of the Cavaliers, in ſuch a cowardly and unworthy manner, that he had Iudgement given and paſſed againſt him, for it, as a Traitor and to have his head cut off; For which juſt proſecution my Independent brother Robinſon hath enveighed againſt me in Print, belike becauſe he deſired to have more faults bewrayed.

10. That I am a pleader of all Malignant Prieſts cauſes for money: Certainly this is a lowd lye. There have been hundreds of Malignant Prieſts, with whom whom I was never of Councell, many with whom I have refuſed to be of Councel, rejecting both them and their fees, which I might have juſtly taken: Many againſt whom I have been of Councell, being ten to one to thoſe I have been of Councell for; Therefore no pleader of All Malignant Prieſts cauſes. True it is, I have been of Councell with ſome good Miniſters, …rticled againſt (by ſome ſeparatiſts) as Malignant and ſcandalous, which upon examination proved not ſuch, and I preſume is no crime to defend ſuch Innocents againſt unjuſt accuſers. True it is, I have appeared as Councell for ſome three Miniſters, which upon Examination have been voted Malignant, or ſcandalous, whereupon ſequeſtred, but it was before it appeared to me they were ſuch, and upon the Letters, recommendations, or importunity of ſome ſpeciall friends of mine, who aſſured me of their innocency in the things whereof they were accuſed; Otherwiſe I was never voluntary of Councell, much leſſe for fees with any ſuch, nor intend to be, if I know them ſuch. However, ſince divers matters and queſtions of late ariſe and are mixed in moſt caſes, in which Miniſters need the helpe of Councell, as likewiſe to mannage their evidence, to cleare things that are doubtfull both to the Committee, Iudges and jury, it is neither a crime nor ſcandall for any Lawyer, to be of Councell with an ill perſon, in an ill, much leſſe in a doubtfull cauſe, ſo as he neither wreſt the Law, nor evidence to juſtifie the guilty perſon, nor extenuate the crime, but onelyonly to ſift out the truth, to rectifie the contrary, evidence where it is miſtaken or preſſed over farre, and and ſo truly to ſtate the caſe as it is, and ripen it for a juſt judgement.

The 11. is, That I have been a pleader of Patents in point of Law, and that againſt expreſſe Acts of Parliament, Magna Charta, and the Petition of Right, and that lately before Committees of Parliament.

This is a groſſe untruth, I having been of Councell againſt many ſuch Patents, (but never with any ſuch to my knowledge,) both before and ſince the Parliament, if he meanes it of my being Councell againſt the importation of falſe printed Engliſh Bibles from Holland, contrary to ſeverall Ordinances, ſome old Acts of Parliament, and ſome new ones, long ſince drawn, read and committed by the Houſe, he ſhewed himſelfe a very Ignoramus, as little skilled in common Law, as in Magna Charta which he ſo much talkes of, but underſtands no more then p. 45Mr. Gooſe, ſince he cannot diſtinguiſh an Ordinance and Act of Parliament from a Patent,

His 12. ſlander is, That I am a pleader of Iudges practiſes as binding to the people, againſt expreſſe Acts, Magna Charta, and the Petition of Right, the overthrowers and deſtroyers thereof being Traitors to the Common wealth: This he deſires time to prove for want of preſent Evidence, and he will doe it juſt at doomeſday in the afternoone, not before; and when he hath better ſtudied thoſe Acts and underſtands them, perchance he will be of another judgement.

You have heard a full jury of Lyes, and ſlanders onelyonly againſt my ſelfe in this one Libellous Letter, all which conjoyned together, with thoſe forementioned againſt the Parliament, Speaker and Members, give in this verdict againſt the impudence of this ſame Author, That he is a Father of Lyes and ſlanders, deſerving the alteration of one Letter in his Name, and to be called onelyonly LYEBORNE inſtead of Lilburne for the future, to ſhame him from his lying pract…ſes, which no friendly admonitions or advice could hitherto effect.

I ſhall not mention his ſeverall vntruthes touching my honoured Brother Dr. Baſtwicke, who hath ſufficiently vindicated both himſelfe, and the Parliament in print againſt theſe Libellous Calumnies: Not his many rayling invective ſpeeches againſt the Parliaments juſtice and proceedings, ſince his impriſonment at Newgate, and his practiſes to raiſe commotions againſt the Houſes, by new printed Libellsand Letters, affronting, queſtioning, both their power, juſtice, and animating the Vulgar rabble to call them to account, which I have formerly touched upon, but, ſhall onelyonly mention one particular more.

Soone after his impriſonment in Newgate, in a very irregular and ſeditious way he cauſed divers of his confederated brethren of the Separation about London, to preſent a petition in his behalfe to the Parliament in affront of their proceedings; wherein they ſtile him, The great inſtrument of the Biſhops, and Star-chambers downfall, attributing that honour principally to him, which I am certaine was more due to others; concluding with theſe three deſires to the Houſe.

1. That you will be pleaſed to order his ſuddain removall from the infamous priſon of New gate, (a very ſancy requeſt, contrary to the Committees and both Houſes expreſſe vote.)

2. That in debating the occaſion of his reſtraint, you will be pleaſed to make the moſt favourable conſtruction thereof, and (if it may ſtand with your wiſedomes,) to give him his ſpeedy inlargement: (A requeſt almoſt as inſolent as the former.)

3. That you will be plaſed to give reliefe to thoſe preſſures that lie upon him, and to order him a competent part of his Arrears, for ſupport of his wife and family.

How ill the Houſe tooke this Petition in behalfe of ſuch an incorrigible peremptory Delinquent, and how great an infringement they deemed it of their Priviledges both for manner and matter, the Members preſent at the debate can beſt informe the World; certainly it was very diſpleaſing to them, as the Votes, and Anſwer to the Petitioners manifeſted, however to ſhew their charity, they Ordered him one hundred pounds of his Arreares to be forthwith payd, for his, and his families reliefe, according to the laſt requeſt p. 46in the Petition: But to the monſtrous ingratitude and obſtinacy of this Libeller and his conſederates; They generally report over all the City and Country, that The Parliament voted, and paid him this money, onelyonly to ſtop his mouth for their injuſtice towards him, and to take off his Proſecution of Mr. Speaker and others, for holding Intelligence with, and ſending money to the King; Interpreting this their Charity towards him, upon this Petition of theirs, no other then a Bribe, and taking occaſion from it, to caſt new Libellous Asperſions on the Houſe; it being the accurſed diſpoſition of this Generation of Vipers (who have Adders poyſon under their lips) to turn the very beſt things into poyſon, and miſconſtrue the Parliaments beſt actions, though occaſioned by themſelves.

I ſhall therefore, for a cloſe of this Relation and Reſutation:

Firſt, earneſtly deſire the Honorable Houſes of Parliament, and whole Kingdom to take notice of the Lying, Libelling, Railing, Falſe, Diſhoneſt, Perverſe, Uncharitable, Vnchr…ſtian diſpoſition of Anabaptiſts and Separatiſts, who make no conſcience of Forging, Reporting, Publiſhing, and Printing the moſt Falſe, Impudent, Notorious, Scandalous Lyes and Forgeries that can be, both of the Houſes of Parliament, their Covenant, Members, and moſt innocent, pious, blameleſſe perſons living, that are not of their Faction, or oppoſites unto it, without the leaſt ſhadow of proof or truth, in which Infernall, Diabolicall, black Art, many of them outſtrip the very Devil himſelf, and Iohn Lilburn all his followers: And thereupon to be very circumſpect, 1. How they believe or entertain any Informations or Reports of any of this Sect, againſt the Parliament or any other perſons, eſpecially againſt our Miniſters, whoſe utter Extirpation they have plotted, together with their Tithes and Maintenance. 2. How they adhere or give any countenance to any of this Seditious, Factious party, who endea…our and aim at nothing but Anarchy and Ataxy, and confuſion in Church and …tate. 3. To have a vigilant, jealous eye over them and their private Conven…cles, where they forge and deviſe Lyes, Slanders, and plot the overthrow or diſturbance of Church and State; and to proceed ſtrictly againſt their Ringſeaders according to Law and Juſtice, to preſerve both from ſpeedy ruine, our connivance at them, having ſtrongly multiplyed both their Numbers and Inſole…cies in all places, which will prove more miſchievous then any Clubmen, if not ſpeedily ſuppreſſed.

Secondly, I ſhall deſire all people truly fearing God, to conſider ſeriouſly of Iohn Lilburns confident, inſolent, unchriſtian carriage and ingratitude towards the Parliament, his Raiſers and beſt Benefactors; and thoſe many Lyes, Forgeries, and Falſhoods he hath moſt Libellouſly and Seditiouſly publiſhed, even in print, againſt them, without the leaſt ſhadow of truth: And to beware how they give him the leaſt countenance, incouragement, in theſe ſinfull and ungodly courſes, for fear they participate both of his ſins and puniſhments. And if at any time they reſort unto him, to charge thoſe ſins of his effectually and impartially, like two Chriſtian friends, upon his conſcience, and not to ſooth him in them, that to he may become ſenſible and aſhamed of them, and make a publike, reall confeſſion and Recantation of them, anſwerable to the publike Scandall they have given. And if he continue obſtinate and impenitent, for ever to renounce p. 47his company, as an incorrigible, deſperate Delinquent, whoſe heart is hardned to his own deſtruction.

Thirdly, to beware how they take up Lilburns miſtakes upon truſt for currant Law, or Divinity, ſince he hath ſo far overſhot and miſtaken himſelf in both; and never to adventure upon any Deſigne againſt the Parliament, State or Church, which may hazzard either their Lives, Liberties, Eſtates or Credits, upon the idle Dreams and Dotages of ignorant Mechanick Lawyers or Divines, who underſtand neither Law nor Goſpel, though they deem themſelves learneder and wiſer then either the Parliament, Aſſembly, or all the Lawyers in the Realm, as Iohn Lilburn clearly doth.

Finally, I ſhall deſire Iohn Lilburn, out of my ancient and preſent Chriſtian reſpects towards him, and all who truly love him, to make a right uſe and interpretation of this Relation and Refutation of his groſſe Lyes, Slanders, and miſtaken Law; and my ſharp Expreſſions in ſome places, which are but anſwerable, and ſcarce equivalent to his offences, which can neither be expreſſed, cenſured or refuted, but by Expreſſions ſuitable to their Exorbitances, The friendlieſt Chriſtian office I could do him, conſidering his former obſtinacy and impenitency, is, to diſcover his Errors and Offences to him and the world, the better to bring him to a ſight and feeling of, and godly ſorrow for them; It is Gods own precept, Levit. 1917. Thou ſhalt in any wiſe rebuke thy neighbour (or Brother) and not ſuffer ſin upon him: And we are commanded to rebuke Lyars ſharply, that they may be found in the Faith, Tit. 1. 12, 13. Yea Salomon informs us, Prov. 27. 5, 6. Open rebuke is better then ſecret love (in ſome caſes) for faithfull are the wounds of a friend, but the kiſſes of an enemy are deceitfull: Adding further, Prov. 24. 24, 25. He that ſaith unto the wicked, Thou art Righteous, him ſhall the people curſe, Nations ſhall abhor him; But to them that rebuke him ſhall be delight, and a good Bleſſing ſhall come upon him. Prov. 9. 2. Rebuke a wiſe man, and he will love thee. And however he may take it for the preſent, yet, Prov. 28. 23. He that rebuketh a man, afterwards ſhall finde more favour then he that ſhall teach him with the tongue. And therefore if God hath reſerved him for Mercy, not for Iudgement onelyonly, (which his obſtinacy and others flattery of him in his ungodly pride, and preſumptuous evil wayes give no cauſe to favour) I hope this Corroſive, the publike Diſcovery and Cenſure of his execrable Lyes and Slanders againſt the higheſt Powers, and his beſt and deareſt friends, without juſt provocation, which bring him to a due ſight and ſence of his horrible miſdemeanors, humble his haughty inſolent ſpirit, bend his inflexible obſtinate Will, and work ſuch a thorow change of his heart, and deteſtable, malicious, ſeditious, ſlanderous courſes, to the Infamy of that Profeſſion of Religion he outwardly ſeemeth to make (though no ſparks of it appear in his actions, writings) that he will henceforth learn to know himſelf, and the Errour of his former courſes, and bleſſe God and me for dealing in this round friendly manner with him, when others favour him in his ſins for their own ends, to the apparent hazzard of his ſoul and body. It is the Apoſtles Canon in 1 Tim. 5. 20. Them that ſin, rebuke before all, that others alſo may fear. I am ſure Lilburn hath ſinned, and that more then twice or thrice openly, impudently, obſtinately, with a high hand, and a p. 48ſtout heart, againſt God, Religion, the Parliament, its Committees, Members, his deareſt Chriſtian friends and preſervers, yet in his wickedneſſe without remorſe. No Chriſtian then can juſtly tax me, for Relating openly before all that himſelf may repent, and others fear the like tranſgreſſions, or to countenance or ſhare with him in his, which is ſo apparently guilty. I ſhall deſire God to give him grace to repent in time, ere it be too late, and requeſt both him and all his Adherents, to **2 Tim. 2. 7.2 Tim 2:7conſider what I have here ſaid and writ, and the Lord give them underſtanding in all things. I will cloſe up all with the cloſe of St. James his Epiſtle generall, c. 5. 19, 20. Brethren, if any of you do ERRE FROM THE TRƲTH, and can convert him, let him know, that he that converteth the ſinner from the Error of his way, ſhall ſave a ſoul from death, and ſhall hide a multitude of ſins. If I may be ſo happy, as to effect ſuch a converſion in him, by all the Premiſes, I have my end, and ſhall bleſſe God for it while I live; ſo far am I from bearing any malice to his Perſon, though I ſharply laſh his ſins and lyes.

FINIS.

End of the text · William Prynne, The Liar Confounded (1645)