Lieut. Colonel John Lilb. tryed and cast: or, his case and craft discovered. Wherein is shewed the grounds and reasons of the Parliaments proceeding, in passing the act of banishment against him, and wherefore since his coming over hee hath been committed to the Tower by the Parliament. Here likewise, is laid open the partiall, corrupt, and illegal verdicts of his juries, both the former and the later. Being to satisfie all those in the nation that are truly godly, and wel-affected to the peace of the Common-wealth: and to stop the mouths of others; proving, what is done in order to his present imprisonment, is according to the rules of justice and equity contained in the morall law of God, and nature, or sound naturall reason. Published by authority.

LILBURN Tryed and Cast: OR His Case and Craft discovered . WHEREIN Is shewed the Grounds and Reasons of the Parliament , in passing the Act of Banishment against him , and wherefore , since his coming over he hath been committed to the Tower by the Parliament . Here likewise is laid open the partial , corrupt , and illegal Verdict of his Jury , both the former and later . Beeing to satisfie all those in the Nation that are truly godly , and well-affected to the Peace of the Common-wealth : And to stop the mouthes of others . Proving what is don in order to his present imprisonment , is according to the Rules of Justice and Equitie , &c.

THe a a 2 Sam. 15.12 two hundred men , which went with Absalom from Jerusalem to Hebron , in their simplicitie , and knew not any thing : had they clearly understood the real b b As all vices use to cloth themselves with the habits of virtues , that under those liveries they may get countenance in the world , so under the name of Libertie & crying out against Tyranny , many unawares are brought into a snare . plot and stratagem of him , which was to make himselfe King , and depose his Father , they would not have followed him in so horrid and wicked an Action . In the undertaking of this worke , we shall endeavour to undeceive such people ( virtutem qui verba putant , ut lucum ligna , as Horace speaketh , ) who through ignorance and mistake of things , are ready to comply with Mr. Lilburn , and others , in their seditious wayes and wiles against the peace and safetie of this Common-wealth . As for others , who are wilfull and malicious , professed enemies to the State , and of his minde who said , c c Non persuade his , etiamsi persuaseris . Though you doe convince me , yet I will not be convinced : we shall ( neverthlesse ) by this , leave them without excuse , to the righteous judgement of God in the great day of Christ .

The searcher of all hearts knows , it is not Mr. Lilburns bloud , or any hurt unto him in the least that is here aymed at , we have better learned d d Mat. 7.12 . Christ , even e e Quod tibi vis fieri , hoc facias & alteri . to doe to others as we would be don unto : but to prevent the misery and mischief , which otherwise , partly through the most effectuall delusions , and deep deceits of some , and partly through the ignorance and misunderstanding of others , might possibly ( by keeping silence ) fall suddenly upon the Nation .

It cannot be denyed , but that it stands with the Rules of Justice and Equitie , contained in the moral law of God and Nature , or sound naturall Reason , and with the Law of all Nations : that mutinous and seditious courses should be prevented and hindred , yea and f f Initio sedicionum , quamprimum apparuerint comprimantur . Cle. Templ . polit. lib. 4. c. 7. p. 424. timely too ; whilst they are in the nest , hatching like the Cockatrice Egges g g Contra vim atque injuriam licitam esse defensonem . L : ut vim de Just & jur l. scientiam sect . quicum ad L. Aquil. . Against force and wrong defence is lawfull , saith the Law : and h h Publicam utilitatem priva●orum commodis praeserendam . Authen . Res quia C. commude legat . l. the publick good is to be preferred before particular profit . Upon those considerations and grounds , namely , that the Nation may be no more involud in warre , Tyranny in Church and State re-established , our liberties bought with a sea of bloud and millions of treasure lost againe : but the great worke of Christ gloriously goe forward in the world ; we shall now ( not following Mr. Lilburn in his i i As Cocks fed with Garlick overcome others , with ranknesse of breath , not with strength of body , so his victory by the pen , is by desamations and rayling at mens persons : Sober men not being willing to come neer the ranknesse of his breath . rayling and raging language , but ) in the words of sobrietie and truth , state the true case of his sufferings , and how in seeking himselfe , and to carry on his own Interest , he hath all along endeavoured to disquiet the Nation , and to make commotions and divisions in our Councels , Armie , and every where .

It is usually given forth by Mr. Lilburn , and his friends , and so understood of many , as if the k k Thus he speakes , and writes & hath published to the world : Now the Civil Law saith , It is unreasonable for any man , not having weighed the whole cause , to give advise or judgement , some one part alone proposed . Civile dig . 4. de leg● Senatusque Consult . cause of his Banishment should be of a difference arising between Sir Arthur Haslerigge and him , and some words which he should speake against Sir Arthur : but how untrue this is , and ungroundedly taken up , will evidently appeare by the following discourse .

First the Reader is desired , to take notice , how one Mr. Primate Citizen and Letherseller of London , made claime unto three parts in foure , to be divided of all the Cole-mines in Harraton , in the Countie of Durham : by virtue of a pretended Lease made by Sir John Hedworth , Knight : The which moitie Primate afterward demised to George Lilburn and George Grey Junior , Esquires , &c. Now to the end they might the better carry on their covetous designe , and enrich themselves by deceiving the Common-wealth of 3000 l. Per Ann. they take along with them Liev : Collonel John Lilburn and some others , persons proper for the worke , and most fit to advance both their owne and the others Interest . For as the Cause was desperate and deceitfull , so it was necessary it should be mannaged by such k k Ambitiosi a liquot homines qui privatim degeneris , in publicum exitiosi nihil spei nisi per discordias habent . Lipfius polit. l. 6. c. 4. p. 266. instruments as would be resolute & restlesse , and with violence and impudence , breake through all oppositions , in spight of right or reason .

How these conspired together , to rob the State of so much treasure , will appeare by setting downe the true state of that Case concerning Harraton Collierie , and the Common-wealths Interest in it .

Upon the sixth day of August , 1649. Thomas Wray of Beanish in the Countie of Durham Esquire , complained to the Committee of Durham , that George Lilburn and George Grey , two of the Committee , l l All is fish that comes to the net . had possessed themselves , of his Collieries and severall houses thereunto belonging in Harraton , which were sequestred for his Recusancy and Delinquency , and had raised great summes of money out of the same , and converted it to their own uses , to the great losse and prejudice of the Common-wealth . And upon Examination of Witnesses upon m m Here Master John Lilburn hath a Marginal note in his booke , Entituled , A just Reproof to Haberdashers Hal , pag. 9. And saith , But I am sure their depositions are no where to be found . But we are sure he knows better , how Mr. William Roe prov'd it fully . oath it appeared , that in the yeare 1644. Sir William Armyne and the rest of the Parliament Commissioners , sequestred that Colliery then in the sole possession of Mr. Wray , and sold a thousand pounds worth of Coales that were upon the Staythes . And further , that in the yeare 1645. the Committee there upon the Petition of Mistris Wray , wife to the sayd Thomas Wrey , granted an order ( Mr. Lilburn , and Mr. Greys hands being at the said Order ) for letting that Collierie to one Mr. Pearson , for paying of Mr. Wreyes Creditors , and that Pearson was to give an accompt thereof to the Committee , and accordingly n n This saith Mr John Lilb . is the grossest utruth that can be told , for Pearson never tooke the said Collierie . But it is a grosser untruth to deny it , seeing the thing is so certain and clearly proved . entred into the said Colliery : And it appears that the said Collierie continued stil to be wrought by Mr. Wrayes Agents , and for his use till June , in the yeare 1647.

About Aprill in the yeare 1647. Mr. Lilburn and Mr. Gray desired a meeting with Mr. Wray about buying out his Estate in the Collierie : Now at this meeting Mr. Wray told them , they knew his Collierie was worth about 3000 l. per annum , & that he was out in monies for that Collierie at least 16000 l. yet hee was content to sell them his whole estate in it , ( in respect of the present condition he was then in ) for 5000 l. yet so , as hee would have a thousand laid downe for his owne use , and one thousand more to stop the clamours of his Creditors , and that he would take further time to consider of days of payment , for the other three thousand pounds .

Moreover it was proved , that Mr. Lilburn did then say , they would not differ o o In this mans attempting to get the Collierie is made good . Vbi avaritia est , habitant ferme omnia ibidem flagi●ia , impietas , perjuria furtes , rapine fraudes , atque doli insidiaeque proditiones , jurgia & infandae caedes . for the payment of the first 2000 l. And Mr. Wrey and he having reviewed his Evidences , Mr. Lilburn professed he did not thinke that Mr. Gray could have produced so cleare a title for 7. parts of 8. in that Colliery , but for the eighth part hee was not so fully satisfied : Whereupon Mr. Wray then told him , that one Gomadale pretended a title to that eighth part ; but he conceived , that he had sufficient to prove the right in that part to belong likewise to him ; but howsoever he was sure ( and so much he told Mr. Lilburn ) that Comadale would part with his interest upon very easie terms . Now no sooner was Mr. Lilburn departed from that place , but he met with one Master Swain , to whom he imparted the former conference , and that he was agreed with Mr. Wrey for the said Collierie .

After this there was another day appointed for the payment of the 3000 l. but by reason of the great rain which fell , and the rivers rising so high , they were hindered of meeting at that time . Immediately thereupon , or very shortly after , Master Lilburn and Mr. Gray went both to London , and made some p p Quisquis ditatur rapidos miluos imitatur . agreement with the said Comadale , for the eighth part as they pretended , but nothing was shewed to make it good : And coming downe in June following , they q q Callenuceus tels us of a noble man of Naples that was wont prophanely to say , he had two soules in his bodie , one for God , and another for whosoever would buy it . These men by their practice , seem'd to be of his opinion , they will venture the losse of one soule come what may come , to enrich themselves and deceive the State . entred into , and possessed themselves of the whole Collierie , and it hath been wrought by them ever since to their use and benefit .

Now for as much as it plainly appeared unto the Committee , that the Collierie was sequestred by Sir William Armine in the yeare 1644. and had been . solely in the possession of Mr. Wray , and his Agents three years before , and that it was let by the Committee of Sequestrations , in the yeare 1645. and no man had claimed any right or interest in it , untill Mr. George Lilburn and Mr. George Gray , two of the Committee possessed themselves of it : And that there had been no order made either by the Lords and Commons for Sequestrations , nor the Committee there ; nor that there had been any authority for the dispossessing the state of their Interest , and that Mr. Wray a Recusant and Dilinquent , was uncapable of composition : the Committee ordered August 13. 1649. That the sequestration should be continued upon the said Collierie , for the use of the State , and that all those who have had any use or profit of the said Collierie , since the same was sequestred ; should forthwith make r r They write of the Partridg , that she will steale the eggs of other Birds , and the young she never hatched ; but soon after the true mother cals them away from the theevish Stepdame , & they all ( being flag and can fly ) leave her mourning , and calling , when they are gone . Thus she that had many running after her for a time , by & by hath none at all . Here the proverb is true , All covetous , all lost . their accounts , &c.

Upon the making of this Order , Mr. George Lilburn sitting at the Committee ( and being one of the Committee ) immediately desired a moneths time to make his title good ; the which being granted , he went thereupon to London , and by the day appointed , brought with him one Mr. Levit , and Mr. Josiah Primate , who being required by the Committee to make good their Title ( they and their Councel being put upon it to shew what title they had to the said Collierie ) affirmed by their Councell that Mr. Wray had gotten their Evidences , and would have had the Committee to have compelled him to have produced his title . But the Committee replied , the matter was of very great concernment to the Common-wealth ( the Collierie being worth 3000 l. per annum ) and that Mr. Lilburn had made of it , after he had put the State out of possession , at least 15 l. per diem , for a year together , as they were informed by those that knew it well : And therefore durst not be so false to their trust , as when the State had been in possession above three yeares , to produce Evidences to divest the State : Besides , what they desired was such a thing as was never heard or granted in any Court , that a Plaintiff which sued for a possession of land , should desire the Defendant to make him a Title to out himselfe . Therefore if Mr. Wray had gotten their Evidences into his hands , their way was plaine , to exhibite a Bill in Chancery , and there they might compell him to produce his Evidences in a legall way .

For conclusion , whereas it did not appear to the Committee , that either Mr. Lilburn , Mr. Levit , or Mr. Josiah Primate would , or then could produce any Evidence in the least , to overthrow or weaken Mr. Wrayes Title ( he being then present , and holding his Evidence in his hand , ready to make it good ) but that the right of the whole Collierie was clearly in him : They confirmed their former Order ( as in point of law & conscience they could do no lesse ) and afterward let the Collierie for the benefit and use of the Common-wealth ; and desired that Mr. Lilburn and Mr. Grey might be called to accompt for the profits of the said Collierie , they being assured that great summs s s Were not these faithfull men to the State all the while , and fit to be of the Committe for Sequestration , that they would take into their possession a thing which they knew was sequestred before ; and that the Common-wealth had an interest in it ; honest men being as they were , emploi'd by the State , would have been ashamed to have medled with that Collierie . of money were in their hands , due to the publick , they never having paid a penny .

Thus wee have most faithfully stated the case . The Law saith Proffes t t Probationes debent esse luce clariores l. scant . ought to be clearer then the noon day . What we have here asserted , is not upon u u Testes singulares non probant . single testimonie , or x x

Testes deponens de auditu non probat .

Testes debet deponere per Corporis sensum , & non judicium in tellectus . l. Test . c. & l. qui Testem . Sect. Am. A. de Test.

Witnesses speaking upon hearesay , or what men have thought and imagined , but what many persons , and upon oath , have largely and clearly testified .

Moreover , we finde by a Copie of a Petition , attested by Mr. Vaughan , exhibited to the Lords and Commons for Sequestration , by Capt. Franc. Swain on the behalfe of himselfe and others , the Creditors of the said Thomas Wray , that the said Wray , was legally possessed , for many yeares yet to come , under several Grants , from Sir John Hedworth deceased , of the Collierie of Harraton , charged by the said Sir John Hedworth with 2000 l. debts , which Mr. Wray was to pay , and had the Collierie conveyed to him to that purpose .

But what for the discharge of those debts ( Wray being constrained to borrow money of other men ) and the times then being troublesome he lost the use of the Colliery : besides being a * * Quere , Whether Mr. Lilburn had not more Reason to feare losse & punishment , knowing his treacherous design against the State , then this man knowing himselfe a Papist . Papist , he knew if he should win and worke the same , the Coals woud be Sequestred . Whereupon he treated with Mr. Lilburn and Mr. Grey , two of the Committee , who had a great y y It seemes they had a great desire to the Collierie , for otherwise they would not have taken so false an Oath as they did before the Commissioners of Compounding : Namely , in charging the Committee of the North , as that they refused to doe so and so , which was prov'd to be false , and Lilburn and Grey foresworne . So that it 's a true saying ; In nullum avarus bonus est , in se pessimus . Chrysost. desire to to the Collierie , and by cunning devises sought to defeat both Wray and the Common-wealth thereof : As the event shewed it to the full . But to proceed , upon Treatie they agreed to give Mr. Wray about 5000 l. though it was worth 16000 l. But it seemes this was onely pretended , and no way meant , for presently they compounded with one Commondale , who had but some small part thereof ( and that very questionable ) neverthelesse , upon pretence of that little , they boldly entred into the whole , and possessed the same , and so through fraud and deceit , defeated both the Common-wealth and the Creditors of their just right and due : Wherefore they humbly prayed that both Mr. Lilburn and Mr. Grey might be warned to appeare and answer , &c.

It is said of z z Clement : Alex : in Protrept . Praxitelles the Painter that he made the silly people worship the Image of his Strumpet , under the title and pretence of Venus . There are severall Pamphlets published under the name of John Lilburn , concerning the Colliery in Harraton , wherein we may see for all the world , the like practice , even fraud , oppression , covetousnesse , ( the crafty inventions of his own brain ) cryed up and pleaded for , under the name of righteousnesse , honesty , justice : and the simple who believe every thing , are apt to give credit and trust to it .

The Case being so clear , and fully laid open before the Commissioners for compounding , by Mr. John Reading , Counsellour for the Common-wealth : and they having likewise heard whatsoever could be sayd by Counsel , on the a a It hath not been knowne in any case of this kinde , a more full hearing then this had , as to what could be said , by Primate and his Councel to the full . And this Master Lilburn well knowes , though he have published the contrary . behalfe of Primate , Lilburn , and Grey , gave their judgement upon it , thus .

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

Vpon reading of our order 20 Febr : instant : Made upon hearing of the report of Mr. Reading , and of Counsel on b b

Vtramque partem ni audias , ne Judices . Aristoph : in Vesp .

Qui statuit aliquid parte in audita altera : Aequum licet statuerit haud aequus suit . Sen: in Medea .

both sides in the Case touching the Collierie of Harraton , in the County of Durham , and upon further hearing of the said Case this day , and of Counsel on behalfe of Mr. Josiah Primate , Mr. George Lilburn and Mr. Grey the Elder , as also of Counsel on behalfe of the Common-wealth , and consideration had of the matter as it is before us .

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

Resolved : That upon the proof before us d d

But Mr. Lilburn would judge it good , though there was no cleare demonstration for it .

Omnia venalia nummis .

we doe not judge the title of the said Mr. Primate to the said Collierie good , as to divest the Common-wealth of their possession .

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

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

James Russel , John Berners , Edward Winslow , Richard Moore .

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

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

In the Case depending before us , touching the Collierie of Harraton , having heard the Depositions and Proofes taken therein , and perused the g g

The which Deeds upon Examination were found not to be so virtuall as to give Primate a Right to the Collierie , in the understanding of the Commissioners .

Pulcra & honesta laudenda , sed Turpia vitupe●anda . Aristo .

Deeds and other writings offered to us on the behalfe of John Primate , of London Leather-seller , who claimes an Interest in the sayd Collierie , by Lease thereof from Robert Conyers , who pretends a right therein by Grant from Sr John Hedworth : And upon hearing of Counsel , as well on the part , and behalfe of the said Josiah Primate , as on the behalfe of the Common-wealth , in whose right the same is Sequestred , as belonging to Colonel Thomas Wray , a Papist and Delinquent , and having had several Debates , upon the said Proofes and Writings , and what hath been offered by the Counsel on either side doe Resolve .

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

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

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

James Russel , John Berners , Richard Moore . Arth : Squibb . Will : Molins . Edw: Winslow .

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

Not to speake of * *

Entituled , A just Reprooff to Haberdashers Hall . Or An Epistle written by Liev● : Colonel John Lilburn July 30. 1651. to foure of the Commissioners , viz. Mr. James Russel , Mr. Ed: Winslow , Mr. Will : Molins , & Mr. Arthur Squib : Wherein is set forth their unjust and unrighteous dealing in severall Cases . With the Relations of the said John Lilburn , and their captivating their understanding to the tyrannical will of Sir Arch : Haslerig , who hath most unjustly endeavoured along time together , the extirpation of the familie of the said Jo: Lilburn .

The matter of this book was judged by the Parliament , to be false , scandalous and malicious , and deservedly to be burnt by the hand of the Common hangman .

a Booke which the said Lilburn had before published , and his charging Sir Arthur Haslerig , with destroying and levelling our properties , subverting the Lawes and Liberties of England , and exercising a Tyrannicall power over us , against and without Law : There was h h Of which Petition it might be said as Origen said of Celsus workes ; Non est periculum ut eis subvert untur ullus fidelium , it was so false , scandalous and malicious . penned and printed a Petition and Appeale against the Judgement and Resolution of the Commissioners for Compounding . The words of the Petition are as followeth .

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

THat your Petitioner by Vnder-Tenants , George Lilburn Esquire , and George Gray the Younger , Gent: both of the County of Duresm , being in the yeares 1647 , 1648 , and 1649. in a just and quiet possession of the Collieries or Seams of Coal in Harraton in the County aforesaid , called the Five-quarter and Nine-quarter Coal ( and having spent neer 2000 l. to win the same ) which lay drowned and lost from 1641. to 1647. Sir Arthur Haslerig in 1649. i i Innocens esse nemo poterit , si accusasse sufficiet . procuring Colonel Francis Wren , one of the Committee of that County , and Colonel George Fenwick to joyn with him , made an Order ( against which the rest of the said Committee present protested ) to sequester the said Collieries , under colour of an k k

The things that are not faire , seem faire to him that is in love : So Daphnis in the Poet saith to Polephemus : So it is with the promoters of this Petition .

Though slanders and falsehoods are fowle & grosse vices , yet to them they seeme faire , and lovely , because they take delight and pleasure in them .

untrue suggestion : That Sir William Armyn had sequestred the same in 1644. as belonging to one Thomas Wray a Papist Delinquent , and thereupon the said Sir Arthur l l Vis vi propulsanda is good in Law . De male quaesuis non gaudet tertius haeres . violently dispossessed your Petitioners Tenants , and seized their Goods , and let the said Collieries to Colonel Francis Hacher , and several of the Officers of his own Regiment . That your Petitioner hath petitioned to the Commissioners for Compounding for relief , but by the m m A man that lets his haire grow too long falling over his eyes , hinders his fight , and goes the worse : So Mr. Lilburn having the light of his understanding darkened with malice against Sir Arthur , mistaking the truth here , devised a slander . power and influence of the said Sir Arthur upon most of the said Commissioners , your Petitioner hath been delayed and denyed the ordinary course of proceeding in all Courts of Justice , and at last coming to Hearing , the said Sir Arthur appeared every day of the Hearing , and took upon him not onely to plead against your Petitioner ( which is humbly conceived to be contrary to Law , he being a Member of Supream Authority ) but also authoritatively to prejudge your Petitioners Case , and to direct the said Commissioners what to Judge therein by his power and influence upon the said Commissioners , he over-awed most of them , and full Hearing , Judgement being respited from day to day , the said Sir Arthur kept private Correspondence with some of the said Commissioners about finding of some n n Nothing of these things could Mr. Lilburn prove : in so much as that ●y of the Poet may be applyed to him , and his Case ; Quaerit aqua● in aquis : & poma fugacia Captat Tantalus , hoc illi garrula lingua dedit . new colour or pretences to detaine your Petitioners possession from him : Whereupon he produced new pretended Evidence after full Hearing ; and thereupon the Major part of the said Commissioners not daring ( as is humbly conceived ) to oppose the will and pleasure of the said Sir Arthur , have contrary to cleare Evidence before them for your Petitioner , refused to relieve him , and have punctually pursued in their Judgement , the Direction publiquely given by the said Sir Arthur .

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

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

And your Petitioner shall pray . Josiah Primat .

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

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

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

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

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

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

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

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

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

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

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

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

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

There is so much Equitie and Reason in this law of Retaliation , as the wisest of the m m

Ab alio expectandum est , alteriquod faceris Seneca , Quae injuria est , pari quod prior ipse feceris . Ibid. Vt phalaris tauro violentus membra per illi torruit , infelix mibuit autor opus . Ovid. l. 1. de Art . Aristot : Ethic. li. 5. ca. 5. Gellius lib. 20. Noct. Attic. cap 1.

Quod quisque fecit , putitur : auctorē scelus repetit suoque praemitur exemplo nocens ; As Seneca Trag. Act. 3 brings in Radomonthus speaking as a Judge .

Gentiles saw it , and have written for it : and it hath been practised amongst them almost in every Nation . Neither hath the Lord left this law with men , as by them alone to be kept , but we finde that he himselfe ofttimes hath put it in Execution .

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

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

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

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

When Shimei was to be put to death for going out of Jerusalem , Solomon remembred him of the great wrong which he had don before unto David his Father : and to say the truth , it was rather that , then the later which drew forth the sword of the King against him . Thus it is with the y y

Mr. Lilburnes former Treasons are still upon the States score , he hath not reckoned yet with them though the corrupt Juries have quitted him .

Simile simili gaudet cum paribus facillimè congregantur . Canem cani , bovem bovi Asinum Asino .

higher Powers , when they are to give sentence upon an offender ( specially a publick Enemy to the Common-wealth ) they consider the condition of the person ( as what he hath been , and what don before this later Act , ) and so accordingly either lesse or more proportion the punishment .

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

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

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

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

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

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

But 2. To shew more particularly , what an enemy he is to civill Government ; hearken to what himselfe hath published to the world , against the Parliament , or Supream power of this Nation . It is true , his language is so base , scandalous , scurrilous , as we are almost ashamed to expresse it . For no godly man , no civil man , no man , but Lilburn would have don it . A little therefore will be enough . The Parliament , he saith , h h Legal foundamental Liberties . p. 35. are a pack of dissembling juggling knaves , i i Hue and cry , p. 31. knaves in the highest , k k Impeachment , p. 1. a company of usurping Tyrants , l l Out cry , p. 2. Men of bloud , and bloud bounds : m m Legal foundament . p. 74. perfidious cruell Tyrants , a company of inhumane and bloudy butchers of men n n Lingua quo vidis ? erecturam civitatem , & eandem rursus eversura . , the most perjured , perfidious , false , faith and trust-breakers , that ever liv'd in the world , and ought by all rational men to be most detested of all men that breath ; o o Legal foundam : pag. 41. 68. A company of theeves , murderers , robbers , treacherous selfe-seeking tyrannical men , usurpers of the name and power of a Parliament , most treacherously to doe what they list . p p

Picture of State 2 Edit. p. 14.

Note , that is not to be understood of the present Parliament , But that before the kings head was taken off , and so continuing .

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

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

But is it not better to please God then men : the Scripture saith , s s Exod. 22.28 . Thou shalt not revile the Judges , nor curse the Ruler of thy people t t

Quia noveret deus , sibi non defuturos in hoc crimine vindicando , poena eorum arbitrio relicta est . Rivet . in Loc.

Simler on the place hath these words ; There is here no punishment set down for him that should rail on the Magistrate , but seeing he that railed on his Father and Mother was to dye for it , much more worthy of death was he , which should curse the Fathers of his Countrey .

. We finde among the civil Lawes of Nations , severe punishments appointed unto persons which should offend this way : yea as the case might be , little lesse then Crimen laesae majestatis : As when it was don out of a seditious designe , to cause tumults and Rebellion among the people , by rendring the Governours odious and contemptible to them . The very thing intended by Mr. Lilburn , as he professedly declares himselfe .

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

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

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

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

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

Note ( Reader , ) how Mr. Lilburn here , is semper idem , Can the Blackmore change his skin ? In some fenny Countries where people are troubled with Gnats , they use to hang up dung in the midst of the roome , as a bait for the Gnats to flie to , and so catch them , as being a net or snare provided for that purpose . We know not whereunto this mans lying , rayling , and devouring words , may be more fitly compared , then to such p p

Lilburn speakes of his Excrements which he judgeth not mean enough upon equall termes to Ballance against Cornet Den , and Jo: Canne , Arraignment p. 3. It seemes he voyds them here , as hanging up his dung for Cavileer-Gnats to stick at .

It is Evident enough , that the Malignants would not inquire after his Pamphlets , nor read them , if it were not for his rayling against the Parliament , Councel of State , Army . As for his talke and vapouring about the Law , they regard it not , it 's the dung & Excremēts which he voyds at the mouth that the Malignant Gnats sly to .

a dung-Trap . Indeed he can speake it by experience , of a multitude of Malignant Gnats , which he hath already taken in this snare : in so much as there is not almost a secret Conspirator , a false-hearted Traytor , a fling fire , 〈◊〉〈◊〉〈◊〉〈◊〉〈◊〉 , a boutefue ( as Nestorius was cald ) one that seditiously seekes to destroy the Common-wealth , but this serves as a Trap purposely layd to catch them .

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

There is a great deale more and worse too , which his licentious mouth hath vomited forth against this honourable person , which is so base and scandalous , as we are loth to repeat it . Flyes as they are ingenious to doe mischiefe on grapes , so they are suttle tasters to choose the ripest and sweetest for their pallat : As we had not then in the Armie , a choicer man , nor a man more a a Pejor est detractio in magni nominis viris , quam in plebijs . Aug. lib. 3. cont. Petil. eminent and faithful then the Lord Fairfax , so he had not in the Land a greater Enemy and b b Regnorum pessima pestis , feditio . Traytor to him , and one who more sought his ruin ( by raising mutinies and seditions perpetually amongst the Souldiers ) then John Lilburne : he was no other but c c As the fire-fly leapes and danceth in the fire : so it was matter of joy to him to see Commotions in the Land . a fire brand where he came ; and this the Generall well knew , and might have sayd ; d d Lucan : l. 9. Noxia serpentum est admixto sanguine pestris , Morsu virus habent , & fatum in dente minantur . So hurtfull are the Serpents teeth , They pestilent the bloud Of man in byting , and his death Can hardly be withstood .

Now howsoever the General , according to his place and power which he had , might have prosecuted things against him , yea have tryed him by a Councel of warre , for many apparent Conspiraoies and Treasons against the Armie , and Common-wealth , and proceeded accordingly . And this he might have don , upon the Rules of Justice and Reason , grounded upon the Law of God and Nature : For it is an undoubted Rule in e e Joh. 11.50 . & 18.14 . Divinitie and policie , that it is more expedient that one man die , yea ten , an hundred , a thousand , then the whole Nation should perish : f f Melius est ut pereat unus quam pereat unitas . Aug. Melius est & justius , unum pro multis , quam pro uno multos mori . Sueton : in M. Salu : Otho . Better one , then one-nesse : g g Vre , seca ut membrorum potius aliquod quam totum corpus intereat . Cic. Phil. 12. Better one corrupt and putrified member be cut off , then that the whole bodie thereby should be infected and destroyed . And the Law saith ; h h Frequentius vivi sectione partes , eminentioribus locis suspendendas . Clav. D. num. 8. Damhoud . Conspirators against the publick peace are to be cut asunder alive , and the parts of their bodies to be hanged up in the most special places of the Land .

Howsoever ( we say ) the General might thus have don , yet he let him alone , being for disposition and qualitie of minde , the same which the Poet ascribed unto Caesar . Est piger Ad poenas princeps , ad praemia velox , Cuique dolet quoties Cogitur esse Ferox . To punish slow , to warre all speed doth make , A Prince , who grieves , though forc't revenge to take .

So againe for his Excellency the Lord Cromwell , how i i Some write of spirits who will throw down stones upon men , but their blowes do no hurt to them whom they hit : It hath pleased the Lord that hitherto his sharp arrows have not hit the General : but are fallen upon his own head : like the Witch that had the disease passe unto her that had bewitched another : thus the righteous is delivered out of trouble , and the wicked cometh in his stead , Prov. 11.8 . As some suttle fish while they are laying gins and snares for other fish themselves are taken : so here . unreasonably he hath abused him , by false and rayling Accusations , it is generally too well knowne : As Nebuchadnezzar , full of furie , commanded that they should heat the furnace one seven times more then it was wont to be heat : so hath Mr. Lilburn don with the present Generall , made the oven of his mouth a great deale hotter then before : other men had but sparkles , here we have k k The Jewes write that Rabsheketh was an Apostate from their Church : and by his rayling it seemes it was so : Let any sober man , read what he hath written against the General , and he will say it was don by one who had cast off both religion and honesty too . flames , firebrands , and great Coals cast forth , as if his mouth were Aetna , or some other burning Mountaine . We think it will be better and more for the Readers satisfaction , to give him some general observations upon the falshoods and forgeries which he hath published against the General , then to set them down .

1. It is well known unto all men , who have any knowledge in history , that to asperse men in authoritie ( especially if eminent , and men of publick spirits ) as to call them Tyrants , Murtherers , Traytors , &c. It is an old State destroying Stratagem . Amsolom did doe so , and Machiavel himselfe hath it : And for example Instanceth one Manlius Capatolinus , who being overcome with envie , and not able to endure the honour and renown given by the Citizens of Rome deservedly to Furius Camellus for his valour , & good service , and the general good which the Common-wealth had thereby received , addressed himselfe ( as Lilburn doth in his reproachfull Libels and Pasquils ) to the vulgar people ; as well knowing their temper , l l Municipale vulgus pronum ad suspitiones . Tacit. hist. 11. how prone they are to suspition , m m Vulgus cujusque motus novi cupidum , Tac. hist. 1. desirous of new motion , n n Non delectu aut . sapientia ducitur ad judicandum , sed impita & quadum temerita . Cic: pro plan . judge things headily and rashly , o o Inopes bonis invident , odio suarum rerum mutare omnia student . Salust . envie the rich , and out of a dislike of their present condition , desire to alter all things . p p Qui nihil sperat desperat nihil . He that hath nothing , feares not to doe any thing .

Now hereupon ( many falshoods and calumniations being raysed up by that Incendiarie , ) the people ran together , make head , fill all places with tumults and uprores ; and no doubt great mischief would have followed , had not the Senate created a Dictator , who by Examination plainly found out the Treacherous Conspiracy of Manlius .

The like q q Machiavel discourses , lib. 1. c. 8. he reports to be frequently practised at Florence ( his own Citie ) r r Envie is like certain flies called Cantharides , who light specially upon the fairest wheat and most blown roses : Such as this Nation hath had most cause to love , have been most hated . Such men ( saith he ) as had served the State best , and been imployed in the greatest affaires , were most slandered : of one , they said , he had rob● the Common Treasure ; of another , that he had not performed his trust in the Army : of another that through Covetousnesse and Ambition had sought his own Interest . Hence grew hatred , thereupon division , from division to faction , from faction to ruin . Againe a little after ; And this Course ( saith he ) namely , to s s The Hieron endeavoureth to fly above the Faulcon , and to wet his wings with her Excrements , to make him fly heav●ly , & make his purpose unprofitable : So Incendiaries , by falshood ( as the excrements of their tongue ) seek to eclipse the honour of other men , thereby to advance their own . rayse up false reports against men in Authoritie , is a readie way , whereby many doe serve themselves , as steps and helpes to their ambitious ends . For being to encounter with powerfull men , they make the people their friends , by telling them , they will take their part against the Tyrannical usurpation and Encroachments of Great Ones , and procure their Rights and Freedomes out of their hands . If we compare former things and persons , with things and persons now , we shall finde that saying most true ; There is nothing new under the Sunne : t t

Those that will compare the plots and designes of former Incendiaries with Lilburn & his party , may see some ods , as thus .

1. The several kinds of treacheries which have been acted by diverse men , he himself hath don .

2. No man that hath so openly sought the ruin of State , hath escaped so long from punishment .

3. Few have enriched themselves by seeking the overthrow of another , so much as he hath don .

As were the Plots , Conspiracies , and Treasons of bad men heretofore , both to the designs , and the carrying of them on ; namely , to asperse and belye men most eminent and best deserving ; and thorow their side , have sought to destroy the Nation : So it is now , the very same imitated and practised , by Incendiaries , Mr. Lilburn being an Artist and deeply Learnt in this Machiavillian Mysterie , as all his writings ( almost ) loudly speake it out , being by any impartial , unbyased , and judicious Reader lookt over .

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

So John of Leiden , and the Conspirators with him , layd this down as Motives unto others of Rebellion , y y Sleiden Comment. lib. 5. Free Commoners , an Equal and just Government , every man alike in respect of z z

Libertatis instaurationem & vindicias subditorum a jugo & Tyrannide profiteri ausus . Spenhem : disput .

Nec destituerint de magistratibus tyrannide paratragaediare & inculcare plebi , omnia natura libera esse & Communia ; excutiendum esse principum aeque Romani jugum , & quia illi blādis monitis haud quaquā cedent , sed bona & capita subditorum libidini suae vectigalia esse velint , justissimis armis in omnibus vincicandam esse , quod omnium esse deus voluerit . Ibid .

libertie , freedome , and safetie , the yoke of oppression to be shaken off : and for this they might lawfully take up Armes and resist the higher Powers . And this so well pleased the seditious multitude , as following their Leaders in Rebellion and Treason against the State , they come at length ( when it was too late ) to see and acknowledge their great insolencies , when deservedly they fell under the hand of Justice .

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

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

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

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

In some such way , would Lilburn deceive this Nation , he seekes by slandering the Government , to raise an Armie , and gives out , it 's to fetch home Magna Charta , Petition of Rights , a legal Magistracie , Cookes Institutes , &c. But Fistula dulce canit , volucrem dum decipit auceps . The bird to woe the Fowler brings , Whilst with his pipe he sweetly sings .

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

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

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

Now if the Reader be pleased to observe well , what is here said , all Mr. Lilburns Out Cries against the General , will appeare to be wind and vanitie . For neither is his Excellencie , nor the Parliament , bound ( as we said before ) to continue in force any of the p p We would know of Mr. Lilburn , or any other man , what Reasons they can shew us , that we may not lay aside all the old Lawes and make new . Magna Charta , Libertie of Rights , Cookes Institutes , speake nothing to the Question ; They must prove that we and our posteritie , ( although a Free People ) are bound to keep any Law , whether fundamental or not fundamental , if we see the same obnoxious , and so fit to be laid aside . old Lawes of the Nation , but ( upon Grounds of libertie , and being a freer people then ever our fore-fathers were ) they may Establish new and others in their place . So againe for his filling of mens eares with Remonstrances , Declarations and Petitions of the Army , at New Market , Triploe-heath , &c. As to what hath been promised to be don for the Nation , we suppose it will here be understood , by all judicious and impartial hearers , that whatsoever the General and his Officers Engaged for , it was for the good of the people , as in order to libertie , safetie , good Lawes , &c. He that promiseth a man six pence and gives him a shilling , breakes not his promise , but is better then his word : so the General ( if by the good hand of God assisting him ) shall be an q q

It was a spe●ch of Augustus , Roman● lapideam & incultam in veni , marmoream reliqui .

And the Epitaph given to Constantine was Libertatori urbis fundatori Quietis . In what condition England was before the General ingaged for the Liberties of this Nation , it is wel known , and how instrumentally he hath bin for the good of all good men , & we hope the Lord will so carry him on for the perfecting of the work , that the formre sayings shall be applied more truly to him .

Instrument , to put this Nation into more freedome , and establish in it better lawes then formerly were thought of , here is no breaking of any Engagement , but a doing more then was before promised .

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

5. And lastly , As the Accusations which Mr. Lilburn hath published to the world against the General , are malicious , false , and scandalous ; so he hath shewed himselfe therein , a person most inhumane and ingratefull . The saying is ; Arbor honeretur cujus nos umbra tuetur . Much honour'd of us is the tree , Vnder whose shade protect are wee .

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

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

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

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

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

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

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

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

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

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

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

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

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

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

A Declaration of the proceedings of his Excellency , p. 6.

But those Souldiers in following the treacherous counsell of Lilbu●n and others , repented for it at last : Note what they say in their Petition to his Excellency subscribed by 340. Your Petitioners are very sensible of the odiousness of our fact how liable it renders us to the wrath and displeasure of God , how destructive the same might have beene to the being of the Nation , and the good and welfare of the other two , and therefore cannot but acknowledge the sentence of death passed upon us by your Excellency and the Councell of Warre very just and equall . And a little after : It will very much magnifie your Excellencies Christian temper in receiving such detestable offenders to mercie . Foelix quicunque dolore Alterius discit posse carere suo . Tibul.

. By this means many of Commiss . Gen: Ireton and Col : Scroops Regiments were occasined to revolt and cast off their Officers ( an act not to be parallel'd ) and as their businesse began to grow to a head , they sent their Emissaries and Agitators to all parts ( as we have good intelligence ) pretending from on● Regiment to another , that each Regiment had declared , that so by that Artifice they might draw each to declare . To the Forces in Wales and in the West they gave assurances that the Forces about London would revolt ; and to those about London , that those in Wales and the West would do the same : And to the Forces in the North used they the like Arguments , and nourished also the distemper of the Forces in the South . But o o Hor. Epad. 7. Quo , quo Scelesti ruitis ? aut cur dexteris Aptantur enses conditi ? Parumne Campis , atque Neptuno super Fusum est Britanni sanguinis ? Ah wretches ! whether hast you , to what end Do your right hands to sheathed swords descend ? Is there so little yet of English blood Powr'd on the Champion fields or Ocean flood ?

Was not here a fire kindled , and likely to have been a flame , in which our liberties , proprieties , and lives had even at once been consumed to ashes ? As the clock never stands still from running so long as the pieces and plummets hang thereat ; such a thing was Master Lilburn in the Armie , a constant MOVER of the souldiery to sedition in one place or other . But to proceed .

These souldiers being revolted , hereupon p p The unanimous Declaration of Colonell Scroops and Commissary General Iretons Regiments at a randezvous at old Sarum , May 11. 1649. Note Reader , how many falshoods are here declared in a little . 1. It was an untruth that they were sensible of the peoples burdens , for then they would never have taken that mutinous way whereby to put the Nation to more charge . 2. It was untrue that they regarded the sad condition of Ireland , for they were the principal men that refused , and discouraged others from going 3. It was an untruth that they sought the peoples ease ; for they sought themselves , as to fish in troubled waters . they unanimously declare ( no otherwise then as they had been taught ) what was the end of their Conspiracie and Insurrection : Namely , to free themselves out of the hand of Tyrants . All their endeavour shall be for the setling of this poor Nation , and the restitution of their shaking Freedome . ( The same pretences which Jack Straw , Wat Tyler , Cades and the Munster Rebels used ) They are forced ( here they left out Mr. Lilburn and some others , whom they might have nam'd as the Forcers ) to deny obedience to such tyrannicall Officers , whose unsufferable proceedings tend manifestly to the obstruction of peace , the hinderances of reliefe from Ireland , the inslaving of the consuming Nation . And howsoever they shal be burdensome to some places and persons for meat and drinke , yet that may be well born withall , seeing they seeke the peoples ease * * Birds in the Fable , seeing the Fowler with Beads in his hand , and his eye looking up to heaven , are said to speake one to another : We must not regard his eyes nor his beads , but the blood & rapine that is in his hand . The moral is rightly appliable to these men . and their freedom from those intollerable burdens lying on their shoulders whereof they are very sensible . Thus they .

Timotheus , Alexanders Harper , when his Master was at a Banquet , plaid such an Allarm or assault as caused the King to forsake the Banquet , and take his Armour : so that his spirits remaining vanquished or overcome , he was constrained to obey the harmonie that proceeded from the instrument . The Reader may here perceive , how to the life Mr. Lilburn and that party can skilfully play an Allarm of Rebellion unto the Souldiers : For as overcoming those low spirits , they have been in a manner q q According to their saying before . FORCT to cast off their Commanders , and to follow the charming Musick which they have made : And it will not be amisse if we here set down some particulars whereby they have occasioned the Souldiers unto such Revolts .

1. As it is truly said , r r A Declaration of the proceedings of his Excellencie , pag. 6. their foundation was laid of lies and falshood , wherein they have not been inferiour , if not beyond those Enemies we had last to deale with . He that shall peruse the very worst which hath bin spoken or published against any Army-Officers in any age of the world , shall not find more scandalous , horrid , and base things charged upon any , any where s s Male facere qui vult , nusquam non causam invenit , & canem ut caedas facile invenias baculum . then Mr. Lilburn and his party have cast upon ours , whom the Lord hath most eminently honored & blest by his presence with them wheresoever they went . As Nero , when hee hurled the Christians to dogs , seeing the Mastives would not touch them , he clad them in Bears skins , to kindle the fury of the dogs , that they might take them to be beasts and not men . Just so hath been their practice , to set the Souldiers ( as dogs ) on their Officers , to devour and tear them in pieces ; first they would cover them with the Bears skins of their false and slanderous tongues , as not regarding what they said , nor how untrue their accusations were , so they might trouble and disquiet the minds of the Souldiers , and move them to faction . And to say the truth , so t t The truth is Mr. Lilburn with his tongue and pen hath bin such a constant slanderer , as few ( Malignants excepted ) but have counted him a most seditions person , and amongst the godly that know him , was cast out as unsavory salt . It had bin well for him , had he remembred Omnia si perdas , famam servare memento : qua semel amissa , postea nullus eris . excessive have their tongues and pens been let loose in this way of slander , that had not the Souldiers evidently seen , and been satisfied , what was reported of their Officers was false and scandalous , and taken up as a design to divide the Armie , there could not have been that lasting agreement between the Commanders and Souldiers as there was .

2. In carrying on of their stratagem to divide the Armie . Their practice was , when any of the Souldiers ( hearkning to their u u Bonitatis verba imitari major malitia est . Publ. Counsell ) acted any thing treacherously and dangerously against the Army , highly to commend and justifie such mutinous and seditious persons ; calling them x x English new Chain , second part , p. 14. 9. honest and worthy Souldiers , the good men in the Armie , the honest Nown-substantives y y Peoples Prerogative , pag. 42. , men most conscientious , and cordially acting for Common-good , and resolved to stand for true Libertie z z An Out cry of the young men , pag. 12. . Our true Burford friends , who were treacherously and wickedly defeated .

Thus , how seditious and dangerous soever their doings are , neverthelesse , to the end , the worke of darkenesse may goe forward ; these Master Lilburn a a Whilst an Asse is stroaked under the belly , you may lay on his back what burden you will . Mr. Lilburn knew how to make Asses of some souldiers , hee streaks them with one hand , & calls them his white boyes , & with the other hand loads their shoulders with the sinking burden of Rebellion . stroaks , and calls them honest men , his true friends ( as encouragement and reason enough ) to forsake and cast their Commanders off . It was a great honour to Achilles , that his Deeds should be commended and set forth by such a man as Homer : who would not raise sedition in an Armie , refuse to obey the just Commands of Superiours , make head against their Generall , being certain of Mr. Lilburns pen and hand , ready to defend it , and to justifie it to the world , though an act not to be paralleld , ( as the Generall truly said ) for the horridnesse of it .

3. To make good what we have before asserted , viz. that none have more endeavoured by division to destroy an Armie , then Mr. Lilburn Cum socijs , have sought to ruine OVRS . This appears further by their urging and instigating other Souldiers , when their fellow souldiers , for causing sedition have been justly punished , to take severe revenge for it presently upon their Officers b b The English souldiers Standard , p. 8. . Is it not a shame ( say they ) that your fellow-souldiers should undergo so slavish , so c c It is the Jesuites doctrine that he dies a Martyr that dies for his conspiracie & Treasō against the State . M. Lil. though no profest Jesuit teacheth the same : But no Jesuit hath openly declar'd himselfe such an enemie to this State as he hath done . severe , and painfull punishment , as to ride the wooden Horse , or to run the Gauntlets , and be whipt for small particular offences : and that d d He blames such Souldiers of whom Lucan speaks , Nulla fides pietasque viris , qui Castra sequuntur , venalesque manus . you should suffer in the mean time your Officers and Commanders to turn Tyrants , and never punish them at all for it . Is this to take up Armes ? when one man being your Commander , may ( as the proverb saith ) steale a horse , and you will hang a private Souldier for looking over the hedg ? For what comparison is there between a private Souldiers offence , and an Officer turning a Beare , a Wolfe , a Tyrant .

Againe , suffer this , and suffer any thing ; Experience shewes , he that takes one e e Note how he boasteth that he gave the Parliament such a cuff under the eare , as they will not shake off the pain and smart of it : but this they must suffer , only private souldiers must resist , and not suffer any thing , how justly soever they are punished . box on the eare invites another ; and when Souldiers that should be men in all things , stand still and suffer their fellow-souldiers to be thus abused , by a pack of Officers , no marvail if their Officers turn Tyrants , presume to doe any thing to any man .

Here let the impartiall Reader judg , how marvelously the power and goodnesse of God hath appeared in the preservation of our Army : Jehovah Jereh : In the mount the Lord was seen . It is true , our deliverances many wayes have been wonderfull , but in nothing f f Considering that of many Souldiers it may be said , Nihil esse utilius aut opportunius quam in aqua turbida piscari . Again , Non aliter salvos & incolumes se esse existimant , nisi in publicis calamitatibus . more ( all circumstances duly considered ) then in confounding continually the pernicious plots of those seditious men . Rocks covered with water are more dangerous to Mariners , than such as stand obvious and open to their sight : By how much the Conspiracies of Mr. Lilburn and others against the Armie , have been subtlely cloathed with the spetious and plausible pretences of Justice , love to the Souldiery , safely to the Nation , publique good , &c. by so much the more have his designs ( as Rocks under water ) been pernicious and destructive to the Army : And divine providence the more seen in preserving the same , that it was not totally broken and scattered thereby .

4. That nothing might lie in the Souldiers way to rebellion , but doe it freely and without fear . In stead of a Court Marshall , Mr. Lilburn appointed a Committee of Indempnity , whereby all Souldiers are acquitted as not to suffer for sedition or any other Crime . g g The peoples Prerogatives , pag 53 , 54 , 55 &c. There is now no Marshal-Law , but its absolute murther in the Generall and Councell of War to put any Souldier to death for any crime or offence whatsoever : h h The hunting of the Foxes , p. 18. Souldiers onely are punishable in the Courts of Justice , and according to the Laws and Statutes of the Kingdom : so that the i i A Letter written to the General by Lieut. Colon. John Lilburn , and Mr. Rich. Overton , April 27. 1649. Councell of Warre hath no more right to inflict Justice then a Thiefe or a Robber hath to a purse which he takes upon the high way .

Excellent doctrine ! and no doubt it is k k Take notice of the reason wherefore M. Lilb . ( though he conceal it ) would have Martiall Law and the Councell of Warre dissolved : hee knew by the Articles of Martial Law , Whosoever shal utter words of sedition , or tending to the making of a mutinie , shall be liable to a sentence of death . his own , it looks so like him : but here Mr. Lilburn runs l l Poena gravior gravius peccantib . debetur . August . faster and beyond his fellows , for we do not find that any former Incendiaries ( how dangerous soever ) have denied the exercise of Martiall law to an Army before . When the Jesuites perswaded a Villain to murder the Prince of Orange , for encouragement they assured him that he should do it invisibly , and escape as not being taken . M Lilburns m m It is no good principle , for b●nis nocet quisquis pepercerit ma●is . Again , Qui punit injallos in alijs fie●i injuriam prohibet . plot is little lesse Jesuiticall ; hee tells the Souldiers there is no Martiall Law , no Councell of War , what danger then to revolt ? to cast off all Command , neglect duties , make uproars and tumults in the Nation ? As for other Courts , in this case n n Witnesse Mr. Lilburns first and second Tryall , in both which he was quitted by the Juries , though as great a mutineer as hath been known in any age . As the victories wonn by Alexander and Julius Caesar are not to be attributed so much to their valour , as to the condition of the people in those dayes : so Mr. Lilb . escaped not by his skill in Law , or truth on his side , but through the fault and errour of his Juries . Mutineers will little regard them .

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

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

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

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

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

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

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

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

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

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

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

No marvail therefore that his restraint is g g Treason is loved , though the Traytor be not . so grievous to the Malignants , and such plotting for his liberty , considering what his resolution was , ( and to them well known ) as to the overthrowing of this present Government . The which may serve put our State in mind h h Hor. l. 2. Od. 13. Quid quisque vitet nunquam homini satis cautum est . What daily by us should avoyded be , We cannot with sufficient heed foresee : i i Nemo diu lutus est , qui periculo proximus est .

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

1. I will t t If you will not look upon what you have done , yet looke upon what a Heathen saith , Dij odere omne nefas animo moventes . Hor. l. 3 Od. 4. God hates with just displeasure such as strive , in cankered hearts black mischief to contrive . looke ( saith he ) upon none of your papers , I am too old with such simple u u It seemes he is no tame bird , but ut noctuae aves mauspiccatae noctu gementes ( nam haec illis vox est ) mortalium invident quieti . Ita virulentia linguae semper aliud spargit quo concordiam hominum disturbet . Plin. l. 11. c. 25. gins to be catcht . 2. It is but a single Testimonie . 3. The Lieutenant is my Adversay . 4. I thinke the Tower is not within the jurisdiction of the Citie of London .

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

It is not unknown to many , t t Thus hee blames Mr. Prudiaux Attorn: Gen: for pleading all manner of Cases , & tak●ng large Fees . Le●er to the General , p. 2. how vehemently formerly hee had cryed out against the Lawyers , for their covetousnesse and corruption , in taking large Fees , and entertaining bad Causes : Now in this , few before ever went beyond him , either in respect of the one or other : Insomuch , what the King of France said of the Trent Fathers , They would pare the nails of Kings , and let their owne grow : So it might ( and as truly ) be said of him , he would u u Mr. Lilburn here should have remembred that saying of the Apostle , Rom. 2.1 . Therefore thou art inexcusable O man , that judgest ; for wherein thou judgest another , thou condemnest thy selfe , for thou that judgest dost the same thing . cut the Lawyers short in their Takings , and blame them for undertaking wrongfull and unrighteous suits ; but when it came to his own practice , he was more criminall and fowl in the same particulars then they ; x x Est enim proprium stultiae a●orum vitia ●ernere , oblivisci suorum . Tul. de Offic. l. 3. forgetting Turpe est doctori , cum culpa redarguit ipsum . Vnto a Teacher it s no small disgrace , When his own faults , reprove him to his face .

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

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

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

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

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

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

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

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

The Petitioners being kept thus still out of their possessions , bring their Bill at length to a further hearing ; At which time the said Daniel Noddell the Solicitor , had gotten to his assistance Mr. Lilburn and Major John Wildman : But whilst the Case was in hearing , the Inhabitants began to riot on * * It is a question among the Papists , whether a Priest may dispense with the traditions of the church & give dispēsations as the Pope doth : It is resolved in the negative ; notwithstanding he may interpret any Order or Canon as to bee the Popes mind which is as effectuall . This liberty wee must grant Mr. Lilburne ; though hee cannot dispēse with the law , yet the sence of it lies in his breast , and hee can make it speak what he pleaseth . 3400. acres which were kept up before . When some certaine fish appear at Sea , it is a symptome among Mariners of a storme suddenly to arise : Mr. Lilburn being now among the Rioting Levellers , there was nothing to be expected but Tumults , and Insurrections one after another ; and no doubt , all committed by his advice and instigation . But to proceed .

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

1 His resolution to kill the Lord Generall Cromwel . 2 To destroy the Parliament and Councell of State . 3 To settle King Charles ( as he call'd him ) in his Throne in England .

Of these wee shall speak in order .

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

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

Decipies alios verbis vultuque benigno : Nam mihi jam notus dissimulator eris . Others thou maist beguile with words , and such face make : But unto me art so well known , dissembler I 'le thee take .

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

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

You know I have a quick and k k See how the vain man glories in his shame : As some beasts when they have voyded their dung , turne about to smell to it sharpe pen , and therefore give me not cause to challenge you , or any of your Champions l l Here is so much drawn out to discover the blacknesse and filthinesse of his actions , as all the sope he hath made , had he it by him , would never make him white and cleane againe . to draw out a short Epitomy , or into a larger Charge , all that evill that in your owne thoughts you can colourably imagine unto the Bishops , Star-chamber , Councell-Table , High Commission , or any person therein were guilty of , nay or any person since their downfall , by you executed , for the highest of Treasons , Tyrannies , and Oppressions were guilty of : and yet comparatis comparandis , for me to aver you out-strip them all , and in particulars to undertake upon m m But when his life is questioned for such things as he here speaks of , then he will not own a jot , a tittle , a line , a word . my life to make good : And that those sayings of God by the Prophet Ezekiel , Chap. 16.48.51 , 52. ( mentioned in the Title page ) may as truly & as justly be v●rified of you , as they were of Judah or Jerusalem . And that you have out-stript ( comparatis comparandis ) all those whom you your selfe count the most wicked men , that you have pulled downe , and therefore have done in Actions as much as in you lies to justifie all their wickednesse , that in n n It seems he forgot here , how he had condemned the Lawyers for their large Fees , & pleading bad Causes , afterward did the like , or worse himself . words you have condemned .

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

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

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

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

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

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

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

We do not gather these things up , as thereby in any way to move the Generall against him , or that he should be otherwise towards him then formerly he hath been : Suffer evill doers patiently . For Nobile vincendi genus est patientia : vincit Qui patitur : si vis vincere disce pati .

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

h h Neither hath any man shewed himself a greater dissembler then he hath done in this particular , viz. in doing as much as any man to have the K. put to death , and afterward to pretend he was against it . i i Lilburn revived , 2 letter , p. 6 , 7. we only relate what hee saith himself as speaking now to the Caval . No man ( saith he ) was more against the putting of the last King to death then myselfe , and spake more to the Grandees teeth about it , then all the Cavalliers put together in one , avoidably durst have done . Yea so highly displeased was he with that action , that had there been two sons of his own Judges in the high Court of Justice , he would have k k This is the man , who a little before told us , that if he had been let alone , he would never have medled with matters of publicke oncernment . chopt off both their heads for conspiring to overthrow and destroy the liberties of the Common-wealth : following herein that famous and renowned Consul Lucius Brutus in Rome . See here how like another Jehu he calls out to the Cavalliers , See my zeale to your Lord and Master .

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

Aio te Aeacida Romanos vincere posse .

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

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

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

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

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

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

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

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

2. Shewed such large affection to the Son .

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Geese ( they say ) when they flie over Taurus , keep stones in their mouths , lest by gagling they should discover themselvs to the Eagles , which are amongst the Mountains , waiting to take them . But Mr. Lilburn in his flight , feared no apprehension , he scorns Authority , and thinks himselfe as potent as any man , and therefore will h h Neither follow this coūsell , virtutem primam esse puta compessere linguam . not have his mouth stopt , but speaks great swelling words , as if hee meant to have put the whole Nation into a dreadfull fear of him .

8 And lastly , what could any rationall man understand , by his appearing so publiquely , and sending by his Agents papers abroad , to acquaint people in all places , of his being in the Citie , and where he was , and how to come to him , but a treacherous design to i i

If the sparkles which a man strikes out of a flint do not take & kindle , it is otherwise then he would have it ; he useth the steel and the stone to have fire .

That these sparkles of sedition took no effect , no thankes to him .

gather a partie to him , whereby to make new Tumults and Commotions in the Nation . And thus much for his coming over .

For his carriage since , it may be considered two wayes : 1. What he hath said . 2. What he hath done .

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

For the rest , it is nothing else but as before , impertinencies , and base talke : Though possibly he work up himselfe hereby , more and more into the affection of the Jury : For they hearing him to speak so high against the Lord Maior , and telling him of making the Land to groan with burthens and oppressions , they must needs think ( he speaking thus as a Prisoner ) had he liberty what a stout Champion would he be for them in the i i

Rich: Tomlins , one of the Jurie , saith in his Examinatiō , What he can tell is one thing , but to accuse himselfe is another thing .

Now who can tell ? if hee would have declared the truth ; but seeing Lilburn at this time so bold , he thought it was fit to save his life , in hope he would bee a notable Instrument for them hereafter . This is that honest man , who boasted before-hand , right or wrong , they would save him .

Great Businesse , whensoever opportunity should serve .

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

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

In Roma vale piu la putana , Chela moglie Romana . In Rome the Harlot hath a better life , Then she that is a Romanes honest Wife .

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Power , we say is in the people , ( yet so as not in all , but with them who by their delinquency have not forfeited the same ) The Government or exercise of this power is in the persons intrusted therewith , whether in a Parliamentary way or otherwise , either formally or h h Neither to say the truth , is there any other form or kind of civill Government in the world , but what is implicite , as to order . That is , if the Supreā Authority be executed , & the people submit to it ; This makes it a lawfull Government ; Though there may be something wanting as to formality . implicitely ; who may as their deligates or persons intrusted , lawfully act ( as to power ) whatsoever the people can doe , either about Lawes , or what else is of publick and generall concernment .

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

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

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

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

Occultum visus decurrere piscis ad hamum .

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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