John Lilb Tried and Cast

The general CONTENTS of the BOOKE.

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

LILBURN Tryed and Cast: OR His Case and Craft discovered. WHEREIN Is shown 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.

Being to satisfy all those in the Nation that are truly godly, and well-affected to the Peace of the Common-wealth: And to stop the mouths of others. Proving what is don in order to his present imprisonment, is according to the Rules of Justice and Equity, &c.

T He two hundred men, which went with Absalom from Jerusalem to Hebron, in their simplicity, and knew not anything: had they clearly understood the real plot and stratagem of him, w ^ch was to make himself King, and depose his Father, they would not have followed him in so horrid and wicked an Action. In the undertaking of this work, we shall endeavor 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 ways and wiles against the peace and safety of this Common-wealth. As for others, who are willful and malicious, professed enemies to the State, and of his mind who said, Though you do convince me, yet I will not be convinced: we shall (neverthlesse) by this, leave them without excuse, to the righteous judgment of God in the great day of Christ.

The searcher of all hearts knows, it is not Mr. Lilburns blood, or any hurt unto him in the least that is here aimed at, we have better learned Christ, even to do to others as we would be don unto: but to prevent the misery and mischief, which otherwise, partly through the most effectual 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 denied, but that it stands with the Rules of Justice and Equity, contained in the moral law of God and Nature, or sound natural Reason, and with the Law of all Nations: that mutinous and seditious courses should be prevented and hindered, yea and timely too; whilst they are in the nest, hatching like the Cockatrice Egges . Against force and wrong defense is lawful, saith the Law: and the public good is to be preferred before particular profit. Upon those considerations and grounds, namely, that the Nation may be no more involud in war, Tyranny in Church and State re-established, our liberties bought with a sea of blood and millions of treasure lost again: but the great work of Christ gloriously go forward in the world; we shall now (not following Mr. Lilburn in his railing and raging language, but) in the words of sobriety and truth, state the true case of his sufferings, and how in seeking himself, and to carry on his own Interest, he hath all along endeavored to disquiet the Nation, and to make commotions and divisions in our Councils, Army, and everywhere.

It is usually given forth by Mr. Lilburn, and his friends, and so understood of many, as if the cause of his Banishment should be of a difference arising between Sir Arthur Haslerigge and him, and some words which he should speak against Sir Arthur: but how untrue this is, and ungroundedly taken up, will evidently appear by the following discourse.

First the Reader is desired, to take notice, how one Mr. Primate Citizen and Letherseller of London, made claim unto three parts in four, to be divided of all the Cole-mines in Harraton, in the County 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 design, and enrich themselves by deceiving the Common-wealth of 3000 l. Per Ann. they take along with them Liev: Colonel John Lilburn and some others, persons proper for the work, and most fit to advance both their own and the others Interest. For as the Cause was desperate and deceitful, so it was necessary it should be managed by such instruments as would be resolute & restless, and with violence and impudence, break through all oppositions, in spite of right or reason.

How these conspired together, to rob the State of so much treasure, will appear by setting down 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 County of Durham Esquire, complained to the Committee of Durham, that George Lilburn and George Grey, two of the Committee, had possessed themselves, of his Collieries and several houses thereunto belonging in Harraton, which were sequestered for his Recusancy and Delinquency, and had raised great sums of money out of the same, and converted it to their own uses, to the great loss and prejudice of the Common-wealth. And upon Examination of Witnesses upon oath it appeared, that in the year 1644. Sir William Armyne and the rest of the Parliament Commissioners, sequestered that Colliery then in the sole possession of Mr. Wray, and sold a thousand pounds worth of Coals that were upon the Staythes. And further, that in the year 1645. the Committee there upon the Petition of Mistress Wray, wife to the said 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 entered into the said Colliery: And it appears that the said Collierie continued still to be wrought by Mr. Wrayes Agents, and for his use till June, in the year 1647.

About April in the year 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 he 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 he would have a thousand laid down for his own 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 for the payment of the first 2000 l. And Mr. Wrey and he having reviewed his Evidences, Mr. Lilburn professed he did not think that Mr. Gray could have produced so clear a title for 7. parts of 8. in that Colliery, but for the eighth part he 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 easy 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 agreement with the said Comadale, for the eighth part as they pretended, but nothing was shown to make it good: And coming down in June following, they entered 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 sequestered by Sir William Armine in the year 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 year 1645. and no man had claimed any right or interest in it, until 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 Lord's 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 sequestered; should forthwith make 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 months 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. Levite, and Mr. Josiah Primate, who being required by the Committee to make good their Title (they and their Council being put upon it to show what title they had to the said Collierie) affirmed by their Council 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 years, 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 himself. Therefore if Mr. Wray had gotten their Evidences into his hands, their way was plain, to exhibit a Bill in Chancery, and there they might compel him to produce his Evidences in a legal way.

For conclusion, whereas it did not appear to the Committee, that either Mr. Lilburn, Mr. Levite, 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 less) 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 sums of money were in their hands, due to the public, they never having paid a penny.

Thus we have most faithfully stated the case. The Law saith Proffes ought to be clearer then the noon day. What we have here asserted, is not upon single testimony, or Witnesses speaking upon hearsay, or what men have thought and imagined, but what many persons, and upon oath, have largely and clearly testified.

Moreover, we find by a Copy of a Petition, attested by Mr. Vaughan, exhibited to the Lord's and Commons for Sequestration, by Capt. Franc. Swain on the behalf of himself and others, the Creditors of the said Thomas Wray, that the said Wray, was legally possessed, for many years 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 Papist, he knew if he should win and work the same, the Coals woud be Sequestred. Whereupon he treated with Mr. Lilburn and Mr. Grey, two of the Committee, who had a great desire to to the Collierie, and by cunning devises sought to defeat both Wray and the Common-wealth thereof: As the event shown 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 seems this was only pretended, and no way meant, for presently they compounded with one Commondale, who had but some small part thereof (and that very questionable) nevertheless, upon pretence of that little, they boldly entered 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 appear and answer, &c.

It is said of Praxitelles the Painter that he made the silly people worship the Image of his Strumpet, under the title and pretence of Venus. There are several 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, covetousness, (the crafty inventions of his own brain) cried up and pleaded for, under the name of righteousness, honesty, justice: and the simple who believe everything, 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, Counselor for the Common-wealth: and they having likewise heard whatsoever could be said by Counsel, on the behalf of Primate, Lilburn, and Grey, gave their judgment upon it, thus.

And as they gave them further time to state their Title, and prove the same; so it was almost a year, before there was a second Judgment. 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 Sentence.

Having shown what the Commissioners did, and the grounds thereof: Now it follows 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 business, against the right of the Common-wealth.

Not to speak of a Book which the said Lilburn had before published, and his charging Sir Arthur Haslerig, with destroying and levelling our properties, subverting the Laws and Liberties of England, and exercising a Tyrannicall power over us, against and without Law: There was penned and printed a Petition and Appeale against the Judgment and Resolution of the Commissioners for Compounding. The words of the Petition are as followeth.

The Romans (as it is reported) kept in Capitolio certain dogs and geese, which by their barking and gabling should give warning in the night of Thieves, that entered in: But if they cried out in the day time, when there was no suspicion, their legs were to be broken off, because they cried when there was no cause. If the promoters of this Petition are (as they say themselves) for justice and righteousness without respest of persons, and against illegal and Arbitrarie actings: God forbid we should speak against them: but if they are (as to the Parliament it did appear so by their Censure) deceitful 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 several 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 sat twelve days upon the business, and examined Witnesses, produced on both sides, and heard whatsoever could be said. A report was made from the said 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 several Questions, as to the civil part of the Petition, and to the matter of Crime charged therein; viz. That the Parliament doth approve of, and affirm the Judgment 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 guilty either of Oppression or Tyranny in the carriage and prosecution of this Business. 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) falsehood 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 remain until the aforesaid fine be paid. The like fine of 7000 l. was imposed upon Lieutenant Colonel John Lilburn, and to be Banished out of England, Scotland, and Ireland, and the Islands and Territories thereunto belonging, and not to return into any of them, upon pain of being proceeded against as a Felon, and in case of such return shall suffer death accordingly. Before we come to treat of the Act of his Banishment, there are several things to be considered.

1. That it is most untrue which is by 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 business, then to maintain (as he was bound to do) the due title and Right of the Common-wealth, which (saith he) some (combining together) wrongfully endeavored to out, and defraud the State of it. It is no new thing, to hear men (suum quisque flagitium alijs objectantes) to lay their own faults upon others; as to cry, stop the thief, stop the thief, being in the mean time the only Robbers. Thus indeed it hath been Lilburns practice all along, and his Master piece to asperse others, for oppression, injustice, illegallitie, exercising an arbitrary and tyrannical power, &c. whereas no man hath been greater and deeper in the crimes then himself, as not only 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 several high miscarriages and gross abuses laid to their charge. Now upon Examination by oath, before the Committee (appointed for the trial of the whole business) those men appeared innocent, and no way guilty 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 Law saith, Calumniators and detractors of their brethren, should have burn-marks 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 proofs were examined, it did appear to the House, that he had not any lawful Right thereunto, but that it was a design of George Lilburn and George Gray, (prosecuted by others) to 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 body shall never be valiant: he that will not venture his soul, 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 lawful and good, all objections made against it by Lilburn and others fully answered: Neither had they anything 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 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 Witness; Ye shall do unto him as he had thought to have don unto his brother. The Hebrew Doctors write on the place thus; It is commanded to do unto a false witness, as he would have don by his Testimony to his neighbor. If they have testified falsely of a transgression, for which men are guilty 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 testify of crimes worthy of beating, everyone of them is to be beaten. To the point then in hand.

Such persons as destroy Proprieties, subvert Laws and Liberties, procure other men to join with them in unjust and unrighteous dealing, violently seize upon other men's goods, and by their power and Influence so over-awe the Courts, as that the Judges neither can nor dare do righteous things, &c. What punishment is due unto such men, few but know: We have several 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 join 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 denied. Make unrighteous decrees, oppress the poor, pervert judgment, serve the lusts, and satisfy the will of corrupt men, &c. No doubt but they deserve not only to be fined, and put out of their place, but out of the Nation, and Common-wealth also, and justly too.

Now for application, Ye shall do unto him as he had thought to have don to his brother: Hence we infer, if Sir Arthur Haslerig, and the Commissioners for Compounding, had worthily deserved a fine 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 witness, 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 Verse:

There is so much Equity and Reason in this law of Retaliation, as the wisest of the Gentiles saw it, and have written for it: and it hath been practiced amongst them almost in every Nation. Neither hath the Lord left this law with men, as by them alone to be kept, but we find that he himself ofttimes hath put it in Execution.

And whilst we are speaking of this law, it is not amiss, that the Reader be desired to observe what Rules and qualifications are set down by Casuists and learned men, concerning the right and due practice of it. As 1. when it is a combination, or plot designed of evil doers: this the Scripture expresseth; If a false witness rise up against any man, &c. From hence the Jews 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 do hurt. And 3. when it is to disturb and overthrow the public peace. When these things concur and appear, In procurando proximi malo, eadem omnes plecti debent poena, saith Ames. What evil or hurt false witnesses seek to procure to their neighbor, the same punishment themselves ought to have.

That Mr. Lilburn and others were confederates, and intended by false accusations to ruin and destroy other men, sought to make a general disturbance and commotion in the Nation, it is unquestionablie certain, that to his Judges it appeared so: And therefore this Law of God (as one Reason and Ground) may serve to justify 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 fly for pastime. It was no birds eye, that Mr. Lilburn hath sought to pick out, and therewithal to sport himself, 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 less then (in point of Justice, Equity, and Conscience) could the Parliament do, then following the Commandment of God (having made diligent inquisition) to do unto him as he had thought to have don unto his Brother.

But 2. The Supreme power of a Nation may as they have always don, heighten the punishment of Delinquents upon Grounds and Reasons of State: The safety and preservation whereof, ought to be their Rule in all their proceedings. Now if John Lilburns course of life be duly weighed, and what his designs and intentions have been against the peace and public good of the Common-wealth; how often he hath endeavored to embroil the Nation in blood, by seeking to raise new wars, &c. It might be wondered that a stricter and severer course had not been taken with him. For this we shall affirm and make it good. That no man hath been banished out of England, for higher contempts, greater insolencies, and more desperate and treacherous designs and Actings, then he hath don against the State.

When Shimei was to be put to death for going out of Jerusalem, Solomon remembered 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 higher Powers, when they are to give sentence upon an offender (specially a public 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 less 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 business; Nevertheless, as 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 witness, 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 do it, and did it upon Grounds of Justice & Reason, whereas that Jury had neither Law, Equity, nor Reason for what they did.

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

1. It is well known to all those, who either know the man, or have heard of his practice, that he is a professed Enemy to every present Government whatsoever it be: As the Rainbow is never on that side of the world, that the Sun is, but wheresoever it appears, it is in opposition against the Sun: If the Sun 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 Forms 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 Lord's to have them down, and plucked up root and branch: And no sooner was there another Government established without King and Lord's, but he sets himself 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 crossed him in carrying on his own Interest) to rail against it, and to seek the overthrow and ruin thereof.

At his trial the other day, he openly said; That the Parliament before the Kings head was cut off, and the Members taken out, were in their purity a gallant Parliament, who were tender of the Liberties, and of the Freedom of the Nation, and walked in the steps of their Ancestors and forefathers, then were the days of their Virginitie, and they made good and righteous Laws, &c. But is this true? speaks Mr. Lilburn really and as he thinks, 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 cries up. But we know why he doth it, it is to ingratiate himself among the Royalists and Cavileers, and to heighten and ripen their malice against the present Power. But can they believe him (sic notus ulisses?) is not Mr. Lilburn so well known to them: and the Antipathie between him and all forms of civil Government, hat should there be a Parliament again, viz. such as there was before the Kings head was taken off? of King, Lord's, and Commons, do they think that he would be quiet, and live peaceably under it? and not seek to destroy it by what means he could? as he did then, doth now, and hath don against all authority 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, 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 preeminence, are always rash and heady Censurers, Despise Dominion, and speak evil of dignities, proud boasters, as what they would do, had they the power in their own hands. And why is all this? but to incense the vulgar people against the Government which is established, hoping to raise up themselves by the fall thereof.

But 2. To show more particularly, what an enemy he is to civil Government; hearken to what himself hath published to the world, against the Parliament, or Supreme power of this Nation. It is true, his language is so base, scandalous, scurrilous, as we are almost ashamed to express 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, are a pack of dissembling juggling knaves, knaves in the highest, a company of usurping Tyrants, Men of blood, and blood bounds: perfidious cruel Tyrants, a company of inhumane and bloody butchers of men , the most perjured, perfidious, false, faith and trust-breakers, that ever lived in the world, and ought by all rational men to be most detested of all men that breath; A company of thieves, murderers, robbers, treacherous self-seeking tyrannical men, usurpers of the name and power of a Parliament, most treacherously to do what they list.

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

I suspect my sight, I question my Copy, I ask of myself again and again, could Mr. John Lilburn write thus? Tantaene animis coelestibus irae; what a man that pretends so much to honesty, Law, Reason, Equity. Some report of a people in India, which speak not, but make a noise like a horse snorting, or barking of dogs: certainly this is neither vox dei, nor vox populi, its a beastly sound, but he knows what he doth in Reviling the Rulers of the people; its mirth and music in the ears of Malignants, whose humors and base lusts he desires to satisfy. 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-stuff come from him, but that he knows its a sacrifice most acceptable to such men, who desire (as himself) to see the Common-wealth ruined.

But is it not better to please God then men: the Scripture saith, Thou shalt not revile the Judges, nor curse the Ruler of thy people . We find among the civil Laws of Nations, severe punishments appointed unto persons which should offend this way: yea as the case might be, little less then Crimen laesae majestatis: As when it was don out of a seditious design, to cause tumults and Rebellion among the people, by rendering the Governors odious and contemptible to them. The very thing intended by Mr. Lilburn, as he professedly declares himself.

Again, Neither is he contented to asperse men's persons, but lets out the venom of his mouth against the Government it self. The Parliament he calls, a mock power sitting at Westminster, an insufferable insupportable tyrannical tyranny: No Parliament at all in any sense either upon the principal of Law or Reason, but a company of usurping Tyrants, and destroyers of our Laws, Liberties, Freedomes and properties: a tyrannical and arbitrary new erected robbing Government: A dead stinking carcass: Those Gentlemen sitting at Westminster, have forfeited their trust, and so the people dissolved from all obedience and subjection to them. All their Votes, Orders, Ordinances, Declarations, Acts, which are, or hereafter they shall pass, are declared and protested against, as not binding to the people. Again, Never will we by popular Petitions address ourselves to the men sitting at Westminster anymore, 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 anymore popular Petitions to them. So at his trial he spake it openly, the Parliament that made the Act of his banishment, was no Parliament, nor could they make an Act of Parliament since the Kings head was cut off, whose death in Law unquestionably put a period to the Parliament. They have filled the Land (saith he) with their mocked or pretended Magistrates.

It was a Law among the Romans that whosoever passed not into their City through the gates, but attempted to break thorough the walls, 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 walls, burnt the gates, and so brought in the enemy to destroy the City. That which Mr. Lilburn hath been a long time struggling for, it is to throw down the present walls & 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 half the 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 Kingdoms and Common-wealths by far less 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 Fool, who being smitten on the cheek, laid 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 himself from further blows. Those that are in Supreme Authority, when they shall hear themselves publicly proclaimed, a pack of juggling knaves, butchers of men, blood-hounds, their Authority not only 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 dissolved from yielding any further duty or obedience to them. (Just as the Popes used to do by their Bulls 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 they stand still, and hold their peace, what may they be accounted, but like Demosthenes, Innocent fool, Idiots, Silly-bodies: or like the Gymnosophists, whose manner was when they were molested with Wasps, and other stinging flies, not to stir, 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 look after those things, and to punish as the Authors of Treason, so the partakers likewise, who wrapped themselves by unrighteous verdicts in the sin and guilt of Treason: Howsoever the Magistrate ( 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: A Magistrate (saith another) who hath discovered a Conspiracie, and seems fearful to remedy it, is as faulty as the Conspirator himself.

But to proceed: Neither hath Mr. Lilburns rage rested here, but it hath as much appeared, and broken forth against our Army, specially the great Officers, and such as command in chief. These are called New Tyrants, perfidious cruel Tyrants, Apostatiz'd Tyrants, Turkish Janisaries, Traitors, Thieves, Bears, Wolves, inhuman bloody butcherers of men, the scum, riffe-raffe, and trash of the Nation, Insulting Oppressors, men that walk by no Rules or Principles, either of honesty or Conscience; subverters of Laws and Liberties, setters up of the highest cruelty, villainy, slavery, that can be imagined, even Tyranny at the hight: Thirsters of the blood of such Soldiers, as are of action, for Common freedom and safety, have enslaved the Common-wealth to their ambition, lust, covetousness, domination; taken away men's 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 bloody Queen Mary, are not so bad as these; yea, the King is much more excusable then they; so Hollis and that party.

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 room, as a bait for the Gnats to fly to, and so catch them, as being a net or snare provided for that purpose. We know not whereunto this man's lying, railing, and devouring words, may be more fitly compared, then to such a dung-Trap. Indeed he can speak 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 Traitor, a fling fire, 〈 in non-Latin alphabet 〉 , a boutefue (as Nestorius was called) one that seditiously seeks to destroy the Common-wealth, but this serves as a Trap purposely laid to catch them.

Neither is he satisfied, to call them thus, Tyrants, Murderers, Traitors, &c. altogether, but particularly and personally, the Lord Fairfax first (whom the Lord hath made an eminent Instrument of much good to the Nation) him he calls, 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 Laws of Nature and Reason. Again, The General Lord Fairfax (and his Forces) hath broken and annihilated the formal and legal Magistracy of England, yea the very Parliament it self, and by his will and sword (absolute Conqueror-like) hath most tyrannically erected, set up and imposed upon the free people of this Nation, a mock Parliament, &c. So in another place, the General (meaning the Lord Faixfax) is but their stalking Horse, and a Cypher, one whom they lead hoodwinckt to the pits brink of his own ruin and destruction. Again, Corah, Dathan, and Abiram, were never such Rebells against Authority, as the General (viz: the Lord Fairfax) and his Counsel are, nor the Anabaptists at Munster: with John of Leiden and Knipperdullion, were never more contemners of Authority; nor Jack Straw and Wat Tyler, nor all those famous men mentioned with a black pen in our Histories, and called Rebells and Traitors, can never be put in any scale of equal balance for all manner of Rebellions and Treasons against all sorts and kinds of Magistracy with the General and his Council.

There is a great deal more and worse too, which his licentious mouth hath vomited forth against this honorable person, which is so base and scandalous, as we are loath to repeat it. Flies as they are ingenious to do mischief on grapes, so they are suttle tasters to choose the ripest and sweetest for their palate: As we had not then in the Army, a choicer man, nor a man more eminent and faithful then the Lord Fairfax, so he had not in the Land a greater Enemy and Traitor to him, and one who more sought his ruin (by raising mutinies and seditions perpetually amongst the Soldiers) then John Lilburne: he was no other but a fire brand where he came; and this the General well knew, and might have said;

Now howsoever the General, according to his place and power which he had, might have prosecuted things against him, yea have tried him by a Council of war, for many apparent Conspiraoies and Treasons against the Army, 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 Divinity and policy, that it is more expedient that one man die, yea ten, an hundred, a thousand, then the whole Nation should perish: Better one, then one-nesse: Better one corrupt and putrefied member be cut off, then that the whole body thereby should be infected and destroyed. And the Law saith; Conspirators against the public 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 quality of mind, the same which the Poet ascribed unto Caesar.

So again for his Excellency the Lord Cromwell, how unreasonably he hath abused him, by false and railing Accusations, it is generally too well known: As Nebuchadnezzar, full of fury, 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 General, made the oven of his mouth a great deal hotter then before: other men had but sparkles, here we have flames, firebrands, and great Coals cast forth, as if his mouth were Aetna, or some other burning Mountain. We think it will be better and more for the Readers satisfaction, to give him some general observations upon the falsehoods 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 authority (especially if eminent, and men of public spirits) as to call them Tyrants, Murderers, Traitors, &c. It is an old State destroying Stratagem. Amsolom did do so, and Machiavel himself hath it: And for example Instanceth one Manlius Capatolinus, who being overcome with envy, and not able to endure the honor and renown given by the Citizens of Rome deservedly to Furius Camellus for his valor, & good service, and the general good which the Common-wealth had thereby received, addressed himself (as Lilburn doth in his reproachful Libels and Pasquils ) to the vulgar people; as well knowing their temper, how prone they are to suspicion, desirous of new motion, judge things headily and rashly, envy the rich, and out of a dislike of their present condition, desire to alter all things. He that hath nothing, fears not to do anything.

Now hereupon (many falsehoods and calumniations being raised 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 he reports to be frequently practiced at Florence (his own City) Such men (saith he) as had served the State best, and been employed in the greatest affairs, 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 Covetousness and Ambition had sought his own Interest. Hence grew hatred, thereupon division, from division to faction, from faction to ruin. Again a little after; And this Course (saith he) namely, to raise up false reports against men in Authority, is a ready way, whereby many do serve themselves, as steps and helps to their ambitious ends. For being to encounter with powerful 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 find that saying most true; There is nothing new under the Sun: 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 bely men most eminent and best deserving; and thorough their side, have sought to destroy the Nation: So it is now, the very same imitated and practiced, by Incendiaries, Mr. Lilburn being an Artist and deeply Learnt in this Machiavillian Mystery, as all his writings (almost) loudly speak it out, being by any impartial, unbyased, and judicious Reader looked over.

2. Those that do desire, and seek to hinder the peace of a Nation, by raising commotions and hurlyburlies among the people; their manner is, to Cry up, the sweet, plausible and much taking name of LIBERTY, A FREE PEOPLE, Complaining against Arbytrarie Power, Tyranny, Oppression, pretending much to stand for the Fundamental Laws, Liberties, and Interests of the people. And indeed this is a 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, Liberty, Liberty, but (plus aloïes quam mellis habet) had they joined with them, the Citizens from liberty and freedom had put themselves into absolute slavery.

So John of Leiden, and the Conspirators with him, laid this down as Motives unto others of Rebellion, Free Commoners, an Equal and just Government, every man alike in respect of liberty, freedom, and safety, the yoke of oppression to be shaken off: and for this they might lawfully take up Arms 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 yields us plentiful of Examples in this particular: seldom hath there been an Insurrection in the nation, but the Fomenters thereof, have sutly conveyed into the hearts of the people, the poison of their tongues and pens this very way. Thus Kets Rebellion was occasioned under pretence of Liberty and safety to the Country: So Cades, that it should be profitable to the whole Realm. So Jack Straw and Wat Tiler, all was for Liberty, and to redress public abuses: Hence they styled themselves, The servants of the Common-wealth: So the Rebellion in the North several times, it was for Laws, Liberty, public safety to suppress oppressions, &c. Here you may see as in a glass, Mr. Lilburns design set forth to the life, his endeavor hath been a long time to ruin the Nation (especially ever since it was a Common-wealth) by a principal which he hath learnt from the practice of old Incendiaries: Oh what a noise makes he and his party about Magna Charta, Petition of Right, the fundamental Laws and Liberties of England, &c. insinuating all are taken away, Every free-born Englishman is now a slave, so that there lies a necessity upon all the people of England, upon the 16 of Octob: to take up Arms 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: Such a thing is Mr. Lilburns seditious railing against the Parliament, the General, and Army, as sending forth a hue and Cry after the fundamental Laws and Liberties of England. An Impeachment of high Treason against Oliver Cromwell, &c. Instigating the people to take up Arms for their Laws, Liberties, lives, proprieties, &c. Now note Reader whilst they are looking on this, and wondering at the strangeness 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 freedom, liberty, native birth-right, complain against Oppression, Tyranny, Arbytrarie Power: yet it is well known, all this hath been but a politick pretence, and a weapon taken up of mere advantage, whereby ambitious, malicious, and discontented persons, have fought, (not the public 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 Caesar's sentence be applied, NON MIHI SED POPULO. As men 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 years, shall evidently see, that in setting himself against Authority, 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 his way of gain and preferment, or would not comply with his Ends, them he hath reproached and slanderd, and rendered 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. Henry 4 of France prepared an Army of threescore & twelve thousand, and made the world believe, it was for Germany to attain unto the Imperial Crown: Whereas indeed he intended to fetch the Princesse of Condé from Brussels for his base use.

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

Therefore (Reader) believe him not; for were he once in the head of such an Army, it is to be feared he would march another way, and do as former Mutiners have don (Levell all) who pretended as much to Justice, Reformation, and public good, as ever Mr. Lilburn hath don.

But 4. And to come nearer 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 Privileges of a free People, runs headlong himself, and draws others blindfold after him into the whirlpool of sedition: He talks much of Fundamental Laws and Liberties, (and many like Parats speak thus after him) meaning (as we conceive) that there are some Laws left us by our forefathers, which like the Laws of the Medes and Persians, must stand, and by no after power or Parliament may be removed: But this is a false Assertion, grounded upon no Reason, Justice, or Equity, a mere dream and fancy of his own head: Indeed Salus populi suprema lex: what is best and fittest for the prosperity and safety of the Nation, that is to be considered, and established by the higher powers then in being.

The Physicians 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-Physicians bound up to Magna Charta, Petition of Rights, or any other former president, (which he calls Fundamental Laws, ) further or otherwise, then they see the same conducing to the welfare and happiness of the Republic, 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, Leges bonae ex malis moribus procreantur, Good Laws are made from bad manners. As for Example, if the State shall see, that to try an offender by a Jury of twelve men (a thing practiced 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 is better and more for the safety 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 appear to be wind and vanity. For neither is his Excellencie, nor the Parliament, bound (as we said before) to continue in force any of the old Laws of the Nation, but (upon Grounds of liberty, and being a freer people then ever our forefathers were) they may Establish new and others in their place. So again for his filling of men's ears 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 liberty, safety, good Laws, &c. He that promiseth a man six pence and gives him a shilling, breaks not his promise, but is better then his word: so the General (if by the good hand of God assisting him) shall be an Instrument, to put this Nation into more freedom, and establish in it better laws 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 hear that our Laws are likely to be altered, which are (as the Lawyers handle them) like a Dutch man's hose, to be worn up or down, turned any way: And Mr. Lilburn knows this well enough, having gotten so much skill in the doubtful and double sense thereof, as he dares speak and write Treason familiarly, being certain he can prevail with 12 men, whom he picks and chooses, to say as he saith, and not to regard any witness or proof 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 shown himself therein, a person most inhumane and ungrateful. The saying is;

Many great favors hath the General shown him: observe what he saith himself; I must confess you took compassion of me in my bonds and chains, even when I was at deaths door, and was princimental in delivering me from the very gates of death in Anno 1640. and setting me free from the long and heavy tyranny 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 goodness and love, as a man of ingenuity and gallantrie would never have forgotten it, at least never have abused so precious and loving a friend: But this is not all; he tells us more; At the Lord General Cromwell's coming out of Ireland, he was Nobly pleased to get me a Grant of settling Lands upon me for the residue of my money, for which most Noble favor I must and do heartily declare, and acknowledge myself highly obliged to him. Thus he.

There are three things here observable, as demonstrating Mr. Lilburns practice to be evil above measure: 1. The fowl language which he gives the General: such words as we are confident would not fall from any mouth but his: hence it is that we purposely still forbear 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 provocation or occasion so to do: but being crossed by others in his designs, hath poured out his malicious poison against his Excellencie. It is a Riddle to many, seeing the General (as he confesseth himself) hath been so real and helpful to him, & never wronged him at any time ( unless it were to quench the seditious fire which he endeavored to kindle in the Nation) what should be the cause of his special spite and malice against him: But here we see it to be true which a learned man well observes, That it doth not always come to pass in taking away the occasions, the effects do cease: for this man hath not ceased his railing and false accusations against the General, though all occasions have been taken away both first and last. The Crow follows 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 man's intent and desire is; namely, by daring and insolent words, to provoke the General to some personal quarrel with him, and to become his Enemy whether he will or no Now whereas in all this, the General is silent, lets him alone, seems 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 shows one of the best and choicest quality and virtue belonging to a General. Neither in this doth he walk 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 evil against their persons. For (say they) if the thing proceed of rashness, it is to be contemned, if from madness, it worthily deserves to be pitied: if of injury it is to be forgiven. So Titus Vespatian, though a heathen, yet went beyond most men this way, as thinking that No man by his tongue could do him hurt, or fasten a reproach upon him, as not doing anything whereby men might justly speak evil of him, and for what they spake falsely and untruly of him, he regarded it not. We do not speak this, as if the Law hath not made provision against slander, we have formerly shown 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 think he hath don very well, and therefore do mention such good Examples of other Great men, who have don the like before.

Having shown what Mr. Lilburn hath Acted against the Parliament, the Lord Fairfax, the General, and chief Officers in the Army: we come now to speak of the End, or his Grand design therein. As the Pope first makes Princes Heretics, then Excommunicates them, and afterward absolves the Subjects from their Alleageance to them: So deals Mr. Lilburn with our State: first he makes the persons of our Governors, Tyrants, Murderers, Thieves, then Excommunicates them, and cuts them off, as being no lawful Authority. Afterwards proceeds to Absolve and set Free the people from yielding obedience anymore or further to them. But howsoever, in one thing here, he is worse then the Man of sin, and shows himself to be more, the lawless one: For we do not find that openly and avowedly the Pope doth desire, that those Princes declared Heretics, 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 a bloody Tenent is avouched by Mr. Lilburn, that whomsoever he makes State-Heretics, and casteth out, are to be destroyed (Quicunque vult,) whosoever is able may lawfully do it: and so much we shall prove from his own mouth, with the several ways which he hath used to effect it.

1. By instigating the people Unanimously to resolve and engage one to another, not to side nor fight for the Cameroes foliries and pride of the present men in power: But to apprehend them as a company of thieves and murderers, and for their present usurpation having plucked up by the roots all legal and visible Magistracy in the Nation: yea and justly may they be dispossessed by the first that are able to do it. O famosum spectaculum, said Hannibal, when he saw a pit of man's blood: so Valesas when he had slain thirty persons, O rem regiam. The proverb went of Draco, that he wrote his Laws not with ink, but the blood of men: It seems nothing will satisfy this man, but destruction of Authority. Again, Soldiers as well as others, are called upon, to rise up against the Parliament, as so many professed Traitors, Thieves, Robbers, and highway men, and to apprehend, secure and bring them to Justice in the next Representative: This is called, a coming into the way, and setting themselves with the utmost courage and Resolution to free their distressed Country from the fears and captivity it now groans under. Was there ever greater insolency 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 marvel 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 blood. But let us see how this is to be effected: the manner and way: Thus it is ordered: We resolve with our 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 join with us or ours: to write Exhortative Epistles to all the honest Freemen in England in all the particular Countries thereof: to erect several Councils among themselves, out of which we shall desire and exhort them to choose Agents or Commissioners (empowered and Intrusted by them) speedily to meet us and the Agents of all our Adherents at London, resolutely to consider of a speedy and effectual method how to promote the Election of a new and equal Representative or Parliament. Thus he.

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

But 2. The former design not taking effect: the next was, to make division between the Parliament and Army, as sometimes reproaching the Parliament to the Army, otherwhile slandering the Army to the Parliament: thus like a makebate or fire-brand, whilst he goes between them two, seeks by sowing sedition to ruin them both. It is said of Cato, that he would usually make contention between his servants, and keep 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 chief Officers in the Army held a good accord: And therefore night and day endeavored to sow dissention between them. Hence it was that he and his Confederates petitioned the Parliament, that they would appoint a Committee of their own Members, to hear, examine and conclude all controversies, between Officers and Officers, and between Officers and Soldiers. 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.

Again, It is (saith he) as visible as the Sun when it shineth in his glory and splendor, that Korah, Dathan, and Abiram, of old were never such Rebels against Authority, as the General and his Council are, nor the Anabaptists at Munster, with John of Leiden and Knipperdullion, were never more contemners of Authority, nor Jack Straw, nor Wat Tyler: nor all those famous men mentioned with a black pen in all our Histories, and called Rebells and Traitors, can never be put into any scale of equal balance, for 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 Traitors and Rebels whom he names) ever went beyond him, namely, in seeking to have put the Common-wealth into war and blood: but praised be God, his wickedness hath not prospered, which is no small vexation to him and his party. It is well observed of 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 mean time it is forgotten, that

3. And a threefold Cord is not easily broken. Mr. Lilburn well perceiving how much it conduced, to the safety both of the Army and Nation, whilst there was peace and concord between the Officers and Soldiers: for by this, they remain-strong and unconquerable, whereas disagreeing, they were unwarlike, weak, and easily to be overcome: he puts himself therefore among the Soldiers, and here he leaves no stone unturn'd, no path untroden, no means 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 only report.

1. He and his Confederates cry out to the Soldiers to revolt and cast off their Commanders . Let not the covetous, the proud, the blood-thirsty men sway over you, fear not their high looks, give no ear 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 evil.

Again, Those proud hypocritical Officers that are amongst you, that are against freedom, and would do the work 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, 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 counsel? could there be worse broached by any Malignant of the Kings party? or the most treacherous Enemy we had in the world, as tending more to a public ruin? No marvel Mr. Lilburn is so hugged by Cavaliers, and taken into their bosom, he having acted for them, and against us more treacherously then any among them ever did, or durst.

But again, all English Soldiers (say they) that have the least spark of true love to themselves and their Countries freedom, are bound to unite themselves against those Apostates, those Jugglers and Traitors to the people, those that are the Levellers indeed: For what have they not level • d? There is no trust or confidence anymore to be had in them, for they have broken their faith with all parties.

Thus are the Soldiers stirred up to insurrrection: And as tinder doth easily kindle, when fire comes to it so were the Soldiers (at least many of them) ready to mutiny as soon as those Fire-brands of his were thrown in amongst them . 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 paralleled) and as their business 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

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 Army, a constant MOVER of the soldiery to sedition in one place or other. But to proceed.

These soldiers being revolted, hereupon 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 endeavor shall be for the settling of this poor Nation, and the restitution of their shaking Freedom. (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 named as the Forcers) to deny obedience to such tyrannical Officers, whose unsufferable proceedings tend manifestly to the obstruction of peace, the hindrances of relief from Ireland, the inslaving of the consuming Nation. And howsoever they shall be burdensome to some places and persons for meat and drink, yet that may be well born withal, seeing they seek the people's ease and their freedom from those intolerable burdens lying on their shoulders whereof they are very sensible. Thus they.

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

1. As it is truly said, their foundation was laid of lies and falsehood, wherein they have not been inferior, if not beyond those Enemies we had last to deal with. He that shall peruse the very worst which hath been 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, anywhere 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 he 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 Soldiers (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 Soldiers, and move them to faction. And to say the truth, so excessive have their tongues and pens been let loose in this way of slander, that had not the Soldiers evidently seen, and been satisfied, what was reported of their Officers was false and scandalous, and taken up as a design to divide the Army, there could not have been that lasting agreement between the Commanders and Soldiers as there was.

2. In carrying on of their stratagem to divide the Army. Their practice was, when any of the Soldiers (hearkening to their Counsel) acted anything treacherously and dangerously against the Army, highly to commend and justify such mutinous and seditious persons; calling them honest and worthy Soldiers, the good men in the Army, the honest Nown-substantives , men most conscientious, and cordially acting for Common-good, and resolved to stand for true Liberty . Our true Burford friends, who were treacherously and wickedly defeated.

Thus, how seditious and dangerous soever their doings are, nevertheless, to the end, the work of darkness may go forward; these Master Lilburn strokes, and calls them honest men, his true friends (as encouragement and reason enough) to forsake and cast their Commanders off. It was a great honor to Achilles, that his Deeds should be commended and set forth by such a man as Homer: who would not raise sedition in an Army, refuse to obey the just Commands of Superiors, make head against their General, being certain of Mr. Lilburns pen and hand, ready to defend it, and to justify it to the world, though an act not to be paralleled, (as the General truly said) for the horridnesse of it.

3. To make good what we have before asserted, viz. that none have more endeavored by division to destroy an Army, then Mr. Lilburn Cum socijs, have sought to ruin OURS. This appears further by their urging and instigating other Soldiers, when their fellow soldiers, for causing sedition have been justly punished, to take severe revenge for it presently upon their Officers . Is it not a shame (say they) that your fellow-soldiers should undergo so slavish, so severe, and painful punishment, as to ride the wooden Horse, or to run the Gauntlets, and be whipt for small particular offenses: and that 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 Arms? when one man being your Commander, may (as the proverb saith) steal a horse, and you will hang a private Soldier for looking over the hedge? For what comparison is there between a private Soldiers offense, and an Officer turning a Bear, a Wolf, a Tyrant.

Again, suffer this, and suffer anything; Experience shows, he that takes one box on the ear invites another; and when Soldiers that should be men in all things, stand still and suffer their fellow-soldiers to be thus abused, by a pack of Officers, no marvel if their Officers turn Tyrants, presume to do anything to any man.

Here let the impartial Reader judge, how marvelously the power and goodness 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 ways have been wonderful, but in nothing 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 Army, have been subtly clothed with the spetious and plausible pretences of Justice, love to the Soldiery, safely to the Nation, public 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 Soldiers way to rebellion, but do it freely and without fear. Instead of a Court Marshall, Mr. Lilburn appointed a Committee of Indemnity, whereby all Soldiers are acquitted as not to suffer for sedition or any other Crime. There is now no Marshal-Law, but its absolute murder in the General and Council of War to put any Soldier to death for any crime or offense whatsoever: Soldiers only are punishable in the Courts of Justice, and according to the Laws and Statutes of the Kingdom: so that the Council of War hath no more right to inflict Justice then a Thief or a Robber hath to a purse which he takes upon the high way.

Excellent doctrine! and no doubt it is his own, it looks so like him: but here Mr. Lilburn runs faster and beyond his fellows, for we do not find that any former Incendiaries (how dangerous soever) have denied the exercise of Martial law to an Army before. When the Jesuits persuaded 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 plot is little less Jesuitical; he tells the Soldiers there is no Martial Law, no Council 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 Mutineers will little regard them.

Thus we have shown what mischiefs to the Nation (by using others as his instruments) he hath attempted to do. We come now to declare wherein his Designs and Resolutions have been far worse, and more abhominable, even so in human and barbarous, as no tongue or pen but his own would have durst to set them forth to the world: And this concerns his designs and resolution to murder and massacre such persons (we speak here of his intent) who have disliked his treacherous plots, and from time to time endeavored 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: 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 entreated 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 days he did not send me all my money, or give me some rational satisfaction, let him look to himself, 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 fellow do had he 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 cruel and barbarous of her self, rubbed the ends of her breasts with blood, causing the child to whom she gave milk, to suck them. Whose milk this man sucked we know not, but this is certain (if out of the abundance of the heart the mouth speaketh ) 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 men's lives lie at the stake, where he hath Freedom to act according to his Resolution.

But 2. concerning his wicked intent to murder the Lord General Cromwell, 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 he had to see the Generals downfall without his killing of him, and himself an instrument for the restauration of England's liberties and freedom, he had absolutely destroyed him with his own hand before he 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.

If it had not been for the strong affection I bore to her, and my poor babes (whom willingly I would not leave beggars when I die) & for that I had some grounded assurance in my own spirit that I should live to see his downfall, and the full restauration of our English Liberties and Freedoms, and myself be an Actor or Instrument to procure it without so apparent hazard to my life as such an Act would be, I had with my own right hand at the House door avowedly ended the quarrel 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 several others in my pocket, to justify to the whole world the lawfulness and justness of such an Action, both by the laws of God, Nature, and Nations.

We need not comment upon the speech, his unparalleled wickedness is enough shown by his own mouth: Notwithstanding, some things we shall 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, which was for 10000 l. he would destroy the Parliament, Council of State, AND THE LORD GENERAL, & settle Charles Steward, King of England, in his Throne in England . This upon oath hath been testified by divers, that several times he did declare, that either he would kill the General himself, or set one to do it, and declared this to be his intention upon his coming over.

Now what rational man will not believe all this to be true, seeing there is no more said by those Witnesses, then what himself (in effect before) professed he intended to do. For his declaring since to the contrary, it is not to be credited; he that will make no conscience to murder and destroy men, and ruin a Nation, will make less conscience of lying and to forswear himself. We may say here to Mr. Lilburn in another man's words, Thine own testimony which in another Case is of small weight, but this against thyself is of GREAT MOMENT.

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

Observe, how his own mouth condemns him, neither is this without the singular providence of God, that a design so desperate, dangerous, damnable, should be revealed and brought to light, only by his own pen: And no doubt in much mercy to the Nation, as seasonably to prevent the shedding of much innocent blood, which his malicious heart extremely thirsted after, as we shall prove hereafter.

No marvel therefore that his restraint is 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

3. Neither is it to be forgotten, how he did forbear (as he saith) to murder the General, 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, 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 Instruments or Actors; we know the remedy here will be worse then the disease: For the Liberty and Freedom which he talks so often of, we know what he means, lacte gypsum male mixtum, its to raise up new Wars and Commotions under such glozing pretences. But we are by this time too well acquainted with his projects, as thereby to be deceived. He hath learnt tunc omnia jure tenetis, cum poteris Rex esse; were he once Johannes Rex, Chief in place and power, what might the Nation expect? we shall tell you, a more cruel oppressor and persecutor (especially of men truly godly) would not be then he: 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 special manner do watch over the English flock, that he 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 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 General 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 hear of a Libel against the State, it is generally thought and believed that he is the Author; and the more seditious, treacherous, and barbarous it is, the more Lilburn like, that is, the more are they persuaded that the Action is his: As knowing that Parsons the Jesuit never intended worse, nor acted more treacherously against the government then, then this man hath endeavored by all the means and ways he could devise, to destroy the Government now established (we say) ever since we were a Common-wealth. As Protogenes no sooner looked on the line which he saw in his shop, made in his absence, but knew whose it was; Apelles hath been here (saith he) for no hand else could have drawn it. Even so, if a man peruse the Libels which are made, he cannot but think, and say, Lilburn hath been here, this is his work; for who but he would write of stabbing, killing, murdering, things so in human and horrible, as no man that is conscientious and honest, would retain a thought of such wickedness, much less boastingly and pragmatically (as he doth) express the same, but only such a one, as cares not what evil 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 another 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, a whole Parliament of men at one time, yea and as so many Weasels and Poulcats. And that the Reader may see, we do not report anything of him, but what he hath in the pride of his own heart openly declared, we shall set down his own words without subtraction 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 fear 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 fellows 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 own 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, Traitor, and Murderer. Nevertheless (and mark it good Reader) he can himself without the least scruple of conscience, kill and destroy men as so many Weasels and Poulcats, yea and without his honorable Jury of 12. men. This is John Lilburn, The Defender of the Faith, the Great Assertor of the Fundamental Laws and Liberties of England, A sufferer for all free Commoners.

After Nero had occasioned much mischief 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 General) Accusing some persons whom he had murdered, to be turbulent and factious men, and that he had a marvelous care for the people's safety; yea all the cares were nothing in regard of his love to the Country, & 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 design are alike. For had he destroyed the persons, or any of them, (as he most wickedly intended) There was a writing to go forth, wherein (as in Capitall letters) might have been declared thus.

WHEREAS I J: LILB. LIKE NERO HAVE MURTHERED SUCH MEN, IT WAS BECAUSE I DID NOT LIKE THEM: FOR THEY WOVLD NOT HELPE MEE TO MONEY AND LAND AS I EXPECTED: BESIDE I HAVE HEARD THE SECRET COMPLAINTS OF SOME (AS TREACHEROUS 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 CASE AND CRAFT, we shall proceed now to his Trial. And here we purpose to Try his Triers, to the end it may appear to the world how honest and conscientious they were, and what Reasons there are to continue Juries by 12. men, if the State mean to allow and countenance Treason any longer.

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

We shall not here take in the whole business, which (as published) is an homaeologia, one thing said often over and over: but in short this we say, That the Witnesses and Proofes produced on the Common-wealths behalf, were full and legal 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 proof of two lawful and sufficient Witnesses. Yet the same Statutes do likewise say, If the offender himself confess the Fact, it is as much as two, yea as ten Witnesses: And this was Mr. Lilb. Case: TREASON CONFEST: Thine own mouth (saith Eliphaz to Job) condemneth thee, and not I: yea thine own lips testify against thee. For the Objection which he made, that there was no man there to swear it was his hand; It was the vainest and absurdest shift that could be devised: What need was there for the Council of the Common-wealth to prove that, which proved itself, or was itself a proof. His name and hand was at the Treason, so that it lay now upon him to make his defense to it. A man's own hand to a Writing, yea if it be his name at a printed book, 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 man's 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 witness.

If it be objected, that a man's 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 Remedy, viz. by declaring that it is not his, w ^ch ought in such a case to be admitted, nothing appearing or proved to the contrary. But for a man to set his name, and hand to a thing, and being afterward questioned for it, then to call for Witnesses to prove that the name or hand is his, it is most ridiculous, the thing it self being proof and witness enough (as was said) unless he now can show 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 we 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 ruin of the Common-wealth, with 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 we take for confession) he not denying it, but standing mute, only calling for Witnesses to swear the same to be his, whereas the Act it self was proof and witness enough. The law saith Confession is beyond all other kind of proof.

Among other Insolencies of the Jews done to Christ, it is said when they had blind-folded him, they struck him on the face, and asked him, saying, prophesy, who is he that smote thee? Just so would Lilburn serve the Parliament, and Army, having smitten them with his venomous tongue, then he asketh who did it? who called you Tyrants, Traitors, Murderers, Usurpers? 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 he hath cited them and applied them, were as a hood or veil cast over the face, whereby a Traitor (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 several, legal and sufficient Witnesses: that Mr. Lilburn delivering a book with his own hand to Mr. Pridiaux, Attorney-General, Entituled A preparative to a Hue and Cry after Sir Arthur Haslerig, told him at the same time: that the Book was his, and he would own it, and so much he spake in the hearing of Coll: West, James Nutley, and Edward Radney, all which upon oath testified so much at his Trial. Beside, Mr. Lilburn hath since in another Book openly declared it: That Book (saith he) was proved at my Trial 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 himself 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 expressly saith, THAT THOSE MEN WHO SIT AT WESTMINSTER ARE NO PARLIAMENT, either upon the principles of Law or Reason, pag. 2. An illegal 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 Cromwell, and Henry Ireton, Esquires, pag. 2, 3. 14, 15. 21. 24. So the Author of another Book called the Picture of the Council of State, pag. 3. 24. Besides, the Author of that false, seditious, and most scandalous Pamphlet called The legal and fundamental liberties of the people of England, revived, asserted, and vindicated, p. 4. 26. 30. 36. In all which Books confessed by himself to be the Author, there is as much Treason published, as was ever by any Traitor either spoken or written against any Civil 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 speak the truth of Mr. Lilburns Jury) who were so 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 judged it to be Treason, if any person should maliciously or advisedly publish by writing, printing, or otherwise openly declaring that the said Government is tyrannical, usurped, or unlawful; All which most evidently he had done.

Again, 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 clear proof of two sufficient Witnesses. Here now were two Witnesses (yea more) who upon oath attested, they heard him confess, that he was Author of the aforesaid Book (and so consequently of the others) wherein most unparalleled Treason was maliciously or advisedly written, printed and published by him, against the Parliament, General, and Army, tending to the utter overthrow of the Common-wealth.

One thing more we desire the Reader to observe (which shall remain upon Record to the perpetual dishonor and shame of that Jury) whereas in his answers to other witnesses (as Newcome, Tooke, Lewis, Skinner, Dafforn, &c.) he had many artificial shifts, as to evade the weight of their Testimony: but here he hath not one word to say for himself, though a thing wherein he was most concerned: And no marvel, for he saw well enough, that Cokes Institutes, Littleton, and other Law-books were here against him, condemned him, and as a convict Traitor by Law left him to Justice.

3. As for the Evidence which was brought in against him by Colonel 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 Salva Libertate (as he called 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, unlawful, tyrannical, a mock-power, a company of Thieves, Robbers, Tyrants, men of blood, destroyers of all Laws, Liberties, &c. That this was Treason by Act of Parliament, is without dispute. But now for his Answer.

• 1. I will look (saith he) upon none of your papers, I am too old with such simple gins to be catched.
• 2. It is but a single Testimony.
• 3. The Lieutenant is my Adversay.
• 4. I think the Tower is not within the jurisdiction of the City of London.

Here that saying is made good, fallacia alia aliam tradit, one falsehood or subtlety brings in another. But to reply: Though Mr. Lilburn will not look upon the Treason which he hath committed, nevertheless the Jury 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 work, they ought to have proceeded against him for it accordingly.

Again, for his saying it was a single Testimony, we say, sine capite fabula, here is a mere 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 Original writing, with his own name to it (subscribed by himself) is produced against him to his face. To say then he will not look upon it, its foolish and idle, neither doth it help him any way in the least: For as Coke saith, standing mute (but these words Lilburn did not read to his Jury) he shall have Judgment as in case of High Treason.

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

What Alcibiades said of the Athenians, may very well be applied to this Jury: You take things from other men not by trial, but by trust, and do them rather of 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 he 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 pass. Only it is worth the observing, how Mr. Lilburn here, and so in the rest of his answer, deals with his Jury, like the Clapwing or Plover, who to put a man out of his way, flies before him, clapping her wings, and making a continual 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 he had hatched 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) single, or double, or treble, as some of them do amount unto as witness in this, yea that doubles another man's 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 Jury, You are not bound affirmatively to have two Witnesses, but one witness 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 do not know in one particular that there is a Testimony 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 laid to his charge double, yea treble witnesses in Law. Neither could he produce anything out of Coke, Littleton, or any other, where five or six witnessing one Treason, in several places committed, but they are (not single ) but joint witnesses, legally and formally, though but one present at a time.

A man is easily persuaded to do that thing which he purposeth and hath a mind to do. That the Jury without examining the Fact, or considering the Witnesses, were resolved not to find him guilty, it is as clear as the light; for what Lilburn quoted out of Books, was so falsely applied, as that every man which hath but common sense may see it.

5. If we should go over the particular Exceptions in his answer, which he took up against the Witnesses, this would very much aggravate the injustice (to say no worse) of the Jury, that they should be led aside from the rules of Justice and Equity, contained in the Moral Law of God and nature, or sound natural reason, and that only by wind and empty words. To speak of some particulars which may seem to have most show of Reason.

1. Concerning the Errataes mentioned by him, what had the Jury here to do with them; the Law saith Error in sylliba non vitiat Actum, mistakes in syllables excuse not Treason. This business lay between him and the Printer; and if there were more Treason published in the Book, then was in his Copy, he might (if he would) have charged the Printer with it.

But 2. who could better tell then he, what those Errataes were, and of what consequence as to the altering of the sense, and therefore as it concerned him, and no man else to look after that, so it was a most absurd and idle Exception.

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

1. The Books (proved to be given forth with his own hands) witnessed otherwise, as to the date or time.

2. If such a thing had been so, yet it would no way have helped him, unless he could have proved it.

3. A Jury is not to inquire after Iffs and Maybees, but to look on the present Charge, and what evidence and proof for it. Quae supra nos nihil ad nos; and Augustine adviserh well: It is better to doubt of secret things, then to strive for uncertain things.

3. Neither is that less froath and vanity, where he saith, what he swears (meaning Thomas Dafforn) is to a fact done in another County, and therefore his Testimony is not worth a straw, its gone: Its invalid in Law, it signifies nothing, its not so good as a Spiders webb: By virtue of which the Marshals Testimony, and the Governors of Warwick Castle, and also Colonel Purfroyes need no other answer from me, but to pity them for their long journey they have made to no purpose. It is truly said (and fulfilled here) A bad tongue tells wonderful strange things. But did the man speak as he thought? or rather remembering the proverb, The simple believeth everything, he made account it was no matter what he said to the Jury. If a man have committed Treason, in ten or twenty several 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 several places where each fact was don? We need not enlarge here, he knew well enough when he spake these words, that both the 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) he had enclosed all the happiness 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 enclosed in it, all Law and Reason: but the truth is, upon trial it doth appear, that it is little else, then wind and emptiness; a multitude of words, but nothing juditious, solid, or pertinent.

We have now dispatched the Jury, & upon the whole shall only give the Reader this Observation. Those that look on a Juggler 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 easy, a very slight trick, and no other then what any other, even a child may do. It is a mystery, 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 wonderful wonder? But stay; its a very slight Tricke, and easy to be done, if known: As how? why thus it is; Before he comes to Trial, he gets the names of such men as are warned in to be of his Jury, and out of these (suppose thirty or forty) he chooseth twelve, all known to him to be as ill affected as himself to the present Government, and such as are resolved to clear him in spite of Law, Justice, Judges, Proof, and Witnesses. Thus we see to do evil is no difficult thing, and a small occasion here will serve. Neither shall he miss 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 we find him not long after, A GRAND INFORMER, or Solicitor, attending the Committees, pleading in all Causes, where he might have any advantage thereby. Yea so scandalous and corrupt was his practice this way, as some of his own party were ashamed of it, and reproved him for it, often to his face.

It is not unknown to many, how vehemently formerly he had cried out against the Lawyers, for their covetousness 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 own grow: So it might (and as truly) be said of him, he would cut the Lawyers short in their Takings, and blame them for undertaking wrongful and unrighteous suits; but when it came to his own practice, he was more criminal and fowl in the same particulars then they; forgetting

In the Apologue, the Country-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 Lawyers, that he would have pleaded gratis for his Clients, or taken little of them; but when they had made trial, they soon perceived, that from the Cup-board, he 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, he made this his Trade, to get what he could by pleading at the Committees. Nevertheless, having been so long versed in national Tumults and Disturbances, he was here, as a Fish out of the water, until he had his hand again, in some public 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, 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 design.

As we have not hitherto set down anything of his miscarriages, but with care still to the truth: so we shall here make a true relation, as the whole business hath been given in to the Parliament and Council of State under Oath, by many faithful and eye-witnesses: The sum (as we have taken it from the Original) is thus.

At the expense of 175046 l. or therabouts, there was drained or laid dry 160000 Acres of Land, lying contiguous, within the Counties of York, 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 Manor of Epworth the Petitioners had been in quiet possession of 7400 Acres for the space of ten years, until the year 1642.

Now in June, 1642. many persons (whose names are in the Original) in a tumultuous manner came into the Levell, within the Manor of Epworth, and there broke down the Fences, and destroyed about 160 Acres of growing Corn and Rape, and others joining with those, continued rioting together from day today, till they had laid wast about 4000 acres of the drained land, and pulled down several houses standing thereon.

Others afterward, several days (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 drowned 8000. Acres of Corn and Rape then growing, and and the Corn-stacks generally half way, with the greatest part of men's houses and habitations, by the space of ten weeks. 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 year 1647. upon a Bill depending in the Exchequer by the Petitioners, several 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 fruitless.

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 3400. acres which were kept up before. When some certain fish appear at Sea, it is a symptom among Mariners of a storm 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 fetched away the Cattle of the Tenants, the which they impounded; and refusing to admit any Replevins, constrained them to redeem them upon their own terms, and at what rate they pleased.

In February, 1650. upon full hearing in the Exchequer, a Decree was made for full establishing the possession again 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 they would not give any obedience thereunto, nor to any Order of the Exchequer, or Parliament, and said, they could make as good a Parliament themselves. Some said, It is 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 ten days time, 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 less then 3400 acres; so as the damage done at this time appears by good testimony to be 80000 l. or more.

It is said of Sylla & Richard 3. that they commanded others, under great penalties to be just and virtuous, whereas themselves walked clean contrary. What a deal of talk, had Lilb. made of Honesty, Law, and Justice, and yet none more injurious, arbitrary, tyrannical, 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 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 thread) There is an agreement between Mr. Lilburn Cum socijs, and several men of the Manor of Epworth: That in consideration of 2000 Acres of land (formerly wast) to be given to Lilburn and Wildman, and 200 Acres to Noddel, they shall defend them from all those Riots & Insurrections (a thing easily done) and maintain 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 sealed accordingly. It seems by this that Mr. Lilburn was of opinion, that money makes a man, and a poor man is neither excellent nor honorable.

This bargain being made, Mr. Lilburn then with Noddel and others, came to Stantoft Church on the Lord's day, where a French Congregation of Protestants were assembled together, and most profanely forced them from thence, and told them they should not come thither anymore, unless they were stronger then they.

Having dispatched this Lord's days work, he and Noddle go then to another Manor, called Crowle, and there they agree with some of that Manor, 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 Cattle; and if they repleev'd them, to impound them again, and to break down all their Fences, and to eat up all their Crops, and so to tire them out, unless they became Tenants to them.

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

When Dyonisius (in the story) had robbed an idol Temple, and at his return by Sea had a fair gale, and pleasant weather to waft him home with his spoils; 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, 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 a new Parliament (no doubt but the other had told him so) and Lilburn would call this Parliament to an account (so said Jacke Stra • and Wat • yler) • urther adding, that seeing they had now finished this of Lincolnshire (meaning by riots and fraud gotten the lands from the Petitioners) they would go over into York shire to the rest of the Levells and do the like there, and so would g • ve work enough to the Attorney General.

One thing more at another time was delivered by the said Nodell; Having now stated their Case, they would print it, and nail it the Parliament door: and if they would not do them Justice, they would come up, and make an out-cry, and pull them out by the ears.

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 several persons to let out some considerable part thereof: whereupon Mr. Lilburn he repairs the house built for the Minister, partly pulled down by the Rioters before, and puts his servant therein to keep possession; and having driven away both the Shepherd and the Flock, he employs the place in which they publicly 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 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 tyrannical power over us, without any shadow or color from Order, Ordinances, or Act of Parliament, to the unsufferable and unspeakable indignity and dishonor of the Parl.

We shall add 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 2000 Acres, and 200 to Noddel of the land so laid waste, should defend the Inhabitants from all Riots, both past and to come, and at their charge maintain 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 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 do Justice therein accordingly) we shall say the less to it, only will give the Reader some Observations upon the whole.

1. Howsoever Mr. Lilburn seems sometimes to be so tender of the Law, as if none like himself were so conformable to the practical part thereof. Nevertheless, where he hath seen profit and advantage, there he 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, he hath these words: There is a diversity (saith he) between levying of War, and committing of a great riot, a Rout or an unlawful Assembly. For exampl, as if three, or four, or more, do rise to burn, or put down any Inclosure in Dale, which the Lord of the Manor of Dale hath made there in that particular place, this or the like is a Riot, a Rout, or an unlawful Assembly, and no Treason. But if they had risen of purpose to alter Religion established within the Realm, or Laws, or to GOE FROM TOWNE TO TOWNE GENERALLY, AND TO CAST DOWNE INCLOSURES, this is a levying of War (though there be no great number of the Conspirators) within the purvene of this Statute, because the pretence is public and general, 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 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 go from Gentleman's house to Gentleman's house, to cast down Inclosures, as well for enlargement of high ways, as of arrable lands: And they agreed to get Armor and Artillery at the Lord Norris his house, and to wear them in going from Gentleman's house to Gentleman's house for the purpose aforesaid, and to that purpose persuaded divers others, and all this was confessed by the offenders. And it was resolved, That this was a compassing and intention to levy Warr against the Queen, because the pretence was public within the Statute of 13 Eliz. Cap. and the Offenders were attainted and executed at Enslow-hill.

How Mr. Lilburn here can quit himself from Treason or Fellonie according to Coke, unless by a Jury of his own choosing (who will not find him guilty for any Insurrection, or Conspiracy against the State, be the thing never so clearly proved) we leave it as a Query to men, better skilled in the Law then ourselves.

But 2. by this it doth appear, that he remembered not the proverb, A burnt child dreads the fire: For who but himself, having a little before so narrowly escaped punishment for sedition, would have thrown himself 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 ornament and credit to him: Notwithstanding, seeing he gives his Enemies hereby so much advantage, as to take hold of him, it were better he did cut off those golden locks, in giving over such contentious courses, which will prove his ruin & fall at last.

3. Should such a president as this be left without due execution of Justice, in what 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 everywhere? and to make Lilburns plea, Propriety, Liberty, Free-Commoners, &c. In the days 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 stalk, 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 execution thereof be neglected, they are ready to ride on it, and run thorough 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 Vessel of the Common-wealth, by a due and careful proceeding against them, especially to make the Authors and Ring-leaders Exemplary.

Thus we have shown what Mr. Lilburns carriage and deportment was, before his Banishment, and have fully proved 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 we 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 General: That Primats business and nothing else, was the cause of his Banishment. For howsoever that business occasioned his banishment, yet originally and chiefly it was not the cause; but the whole series of his former Treasons practiced against the State, he having made it his continual and constant study and work, to destroy the welfare and peace of the Nation.

Now to the end that neither he himself, 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 dared and challenged to it. If the General (saith he) or any other for him, have anything 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 favor 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 do) but whatsoever we have declared, as to his seditious and factious designs, are real and certain, as being either published by himself, or under oath asserted by sufficient witnesses.

From England we are now to follow Mr. Lilburn in his actions and procceedings beyond Sea: And here we find it true, Non gens sed men's; though the man have changed the Air, 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) great is the force of Custom, which is not only Law it self, but another nature, yea which breaks Law, and prevails above it: so that what a man is accustomed to do, he thinks it at length to be lawful.

We have proved before, that no man hath been banished out of this Nation for greater Crimes then he had done against the Government established. Our next Assertion is this; No English Exile in the time of his banishment, shown 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 bear false witness, and therefore are 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 Jesuit) made more execrable, odious, and detestable, then he hath rendered Ours, to Forreign Nations. But that we have it under his own hand, otherwise had it come by report or hear-say, we should not have believed it, being so unparalleled, scandalous, and malicious. Thus he writes: O renowned and worthy Heathens, far surpassing in honesty, and far surmounting in Justice and Righteousness, our great pretended Christians, the Governors in England, that judge no means nor ways, though never so abominable in themselves, too vile for them to undertake for the accomplishing of their own ends. Whether it be treachery, murder, perjury, 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 & policy, that it is not fit nor convenient for them to keep Faith with ANY INTEREST OR GENERATION OF MEN IN THE WORLD longer then it serves their own end: Being absolutely in their own thoughts (as their constant practices sufficiently declare as clear as the Sun at noon day) tied by no Engagement, Declarations, Protestations, Oaths, Covenants, or Contracts whatsoever, that even amongst Pagans & infidels 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, monstrous monsters, as he is pleased to report of us? was not this (if believed) enough to have raised up all foreign 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 settled, he makes account the easier to overthrow it.

There is a kind of Serpent, the nature of whose venom is such, that if it enters into the body, it provokes to vomit, and causeth the person to bring up whatsoever is in the stomach, in thick and filthy fleagm. The Serpents sting being entered into this man's tongue, see how he vomiteth; Only it is a marvel that the stink thereof had not poisoned himself.

Neither is this all, but he hath more and worse in another place. You have rendered yourselves (saith he) the scorn and contempt of all Europe, having given too just occasions to the Nations round about you, to judge you less faithful, and your Oaths and Promises less to be regarded, then Turks, Pagans, and Infidels. Your most reproachful and perjured Actions, have rendered yourselves and your Religion in the eyes of the sons of men, 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 folly, murder, madness, 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 history must leave behind you, to future ages, the blackest name that ever the sons of men had, and for you no defense or excuse, or shadow of a bare figleaf-covering can be made for you.

It was the policy of Ziba to devise a lie against his Master, and then to speak of it himself unto David, whereby to alienate the Kings affection from that honest man: The very same here, is Lilburns design; he raiseth falsehoods 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 Governors State-Heretics, and then proceeds to cutting off: So it was his design beyond Sea. And because this business 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 he heard Colonel Charles Lloid, Engineer Gen: and Quarter-master Gen: to the late King, Captain Luke Whittington, Agent to Charles Stuart, Captain John Titus, and Captain Bartlet say; That Lieut. Col: John Lilburn had proposed several times to Sir Ralph Hopton, and sometimes to Coll: Charles Lloid aforesaid, & several others, that if the aforenamed persons would procure him 10000 l. he would destroy the Lord General Cromwell, the Parliament and Council of State that now sitteth at Westminster, and settle Charles Stuart King of England (as he called him) in his Throne in England, or else he would have a piece of him nailed 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: Colonel did not only move with much violence and earnestness, showing which way he would bring this his proposed design about; but went from person to person, whose reputation he thought could procure so much as he proposed (for the advancement of this his declared design) and whose affections and opinions were most suitable 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, he would destroy the Common-wealth of England in six months, or he would have a piece of him nailed upon every post in Bruges. The Lord Hopton told the said Lilburn, that it could not be so facile a thing, though he believed it might be done, but not in so short time; To which the said Lilburn replied; My Lord, I will show you how it shall be done, give me but the monies I propose for, and I will have my Agents (for I have enough of them) that shall give me an account of all the Common-wealth of England's proceedings: And by those Agents I will spread my papers abroad, that shall instigate the people against the Parliament, & so by that power I have already, and that power my Agents shall make by working upon the people, I will destroy the Parl. the Council of State, and the Lord Gen: Cromwell in half an hour. So he.

3. Captain John Bartlet saith, About the 20 of July, 1652. in an Arbor in Plaringdoll, three miles from 〈1 page duplicate〉 〈1 page duplicate〉 Ostend in Flanders, Lieut. Coll. John Lilb. did propose to Coll. Charles 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 Charles Lloid, or any of the aforesaid persons would procure him 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 he heard Mr. Lilburn speak these words: If my Passe come not up, and I find that its Cromwell that hinders it, as it must be, for it lies in his power, I will either kill him myself, or send one to do it: Then one of the Merchants asked him how he could do such a thing with conscience? he answered, tell not me of Conscience in this case: For if I am banished without law, conscience, or equity, and deprived of my natural Air to breath in, which is every man's birth-right, I may justly right myself 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 Wolf, I may use what device I can to kill him. So if Cromwell keep himself above the law, that I cannot have my right by the law, I may kill him how I can.

The Sepiae, a certain kind 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 denial, and partly by aspersing the Witnesses, as to be Spies; suborn'd, Rogues, Knaves, &c. Here now our business is, to lay down some Rationall Considerations, as to the proof of the Charge; that is, whether the impartial and understanding Reader (walking by the rules of Judgment and Reason) is to believe his bare and single denial, though backed with Vows , 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 General Cromwell.
• 2 To destroy the Parliament and Council of State.
• 3 To settle King Charles (as he called him) in his Throne in England.

Of these we shall speak in order.

Concerning the killing of the General, 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 mouth hath publicly 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 she had a purpose to kill him; if some other afterward should have told the Prophet, that he heard her likewise say the same, had he not reason to have believed this later report also?

But 2. We cannot observe in Mr. Lilburns practice and carriage beyond the Seas, any change of his mind concerning the murdering of the General ; but (if we may give credit to what is published under his own hand) an increase and growth of desperate wrath, self-revenge, and blood-thirstiness. And so much is evident by such expressions. That grand Tyrant Cromwell, Cromwell's beastly and abhominable tyranny: The cheats of that hypocritical and Alchemy Saint Oliver, and his graceless Tribe. Their false, treacherous, hellish, diabolical & cowardly means. I judge him to be as false as the Devil, and whom I will never trust again whilst I breath, let him swear and protest never so much: For shame my Lord once in your life learn to be just, ought not you yourself (my Lord) to be hanged? &c.

The Asp in her old age hath all her members decayed, only her tongue is as bad as ever. This Book wherein he thus reproacheth the General, is called Lieut: Coll: John Lilburn revived. Now this must be understood only of his venomous tongue: For the Law holds every banished man to be dead. A dead man we know, smells not the stinck which cometh from him: It was an Argument that Lilburn was not revived, saving his tongue, that such Trash and dung should proceed from him, and he no way sensible of the stink thereof. But seeing this unruly member of his is revived (with the Readers patience) we shall set down a little more, that it may appear, the intended murder which he acknowledgeth himself, and by others since is witnessed, was fixed and settled in his malicious heart. In a letter to his Excellencie thus he writes:

You know I have a quick and sharp pen, and therefore give me not cause to challenge you, or any of your Champions to draw out a short Epitomy, or into a larger Charge, all that evil that in your own thoughts you can colourably imagine unto the Bishops, Star-chamber, Council-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 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-stripped (comparatis comparandis) all those whom you yourself count the most wicked men, that you have pulled down, and therefore have done in Actions as much as in you lies to justify all their wickedness, that in words you have condemned.

And besides (my Lord) what faith, what truth, what honesty 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 lawful to commit 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 self it be wicked or righteous, yea to cheat, break faith with, and murder the nigh • st Relations a man can converse with, when they cross 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 people's 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 ( 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, we know that fire is still within: Those flashes of his tongue, what do they signify? but fire continued still in the furnace. 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 he speaks to the contrary; we shall here set down his own words in print, which do amount to as much, as by the witnesses is asserted in this particular. Having declared his willingness to surrender his Estate into his Wives hand, he adds this as the reason: That I might be left (saith he) to myself, to manage my own private business, as a master workman, or a poor instrument in the hand of the Almighty, to the purpose to chastise that hypocritical and Alchemy, Oliver Cromwell.

Now because this might seem to be some-what dark, the word Chastise being ambiguous, he explains his meaning a little after, I am totally and positively resolved never to see England so long as Cromwell's hateful, 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, sound Trumpets and Drums, and have at thee Oliver with all my might.

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

It is said of Ladas, Alexanders foot-man, that he 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 several 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 ear, on the one side in their own way, and give me but leave in my own way to give him a box on the other ear: And if I do not do it heartily, and to the purpose, I will freely give them leave to account me a knave for my pains: And if I do it heartily and effectually, although it be not in every punctillio in their mode, yet I am sure they can be no losers by it.

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

But we do it to this end, namely, to show that there is reason to believe his Accusers, and not he; seeing what they have witnessed concerning his intent to murder the Lord General Cromwell, is no more then what he did resolve to do by his own Confession. Again, since that time, is grown more malicious, and in his later writings, hath publicly 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 Council of State. That this may be true, and the less 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, viz. Tyrants, Traitors, Murderers, Knipperdolings; Men that exercised a tyrannical & arbitrary power, a kingdom of brambles, highly commending the history of Independency, as the pen-man to be an understanding Author: and among other passages cites these as most remarkable, and notable, where he declareth and protesteth that the Parliament as a combined treacherous Faction, have forced an Inter-regnum, and Justicium upon us, an utter suspension of all lawful Government, Magistracy, Laws, and Judicatories, so that we have not (jure) any Laws in force to be executed, any Magistrates or Judges lawfully constituted, any such Instruments of the Law, as a lawful Great Seal, or any Authority in England, that can lawfully condemn, and execute a Thief, Murderer, or any other offender, without being themselves called Murderers by the Law. All legal proceedings being now Coram non judice: Nor can this remaining Faction in the House of Commons, show any one president, law, reason, or authority whatsoever, for their aforesaid doings, but only their irrational, tyrannical votes, & the swords of their Army.

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 less? seeing they are here, not two, but all one in Trason against the State, even combined and knit together. But to the point in hand.

It being his opinion that the Supreme Authority of this Nation is unlawful and tyrannical, what rational 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, 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, we 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: That it may appear our purpose is to deal candidly and fairly always with him, we shall here insert his own words: Only here is (saith he) their alone fear 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 good-night Oliver, and all his hypocritical Cheats.

It is an opinion among the Turks, that until men come to be of their Religion, they are Meshumadim, sinners, and lost; but turning Turks, Musulmamim, servati, as if then they were saved, and not before. Whosoever will look over this man's 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 Traitors against the State (which he calls imbodying together ) then servati, gallant blades, true Burford friends, worthy Soldiers, &c.

3. Neither is it without ground to believe that such words were spoken by him, considering what is here said, as to the means and way how he would destroy the Parl. and Council of State, it is the same which else-where he declares publicly to the world, viz. by 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 tells us thus.

I have a long time in my imagination laid down a method to myself (which I would not willingly go from) by me to be used in appearing in print again to the world, rationally and methodically, to prepare and make way for my former Appeale to the body of the People of England. Now to know his meaning here; This writing is intended against his cruel Judges, who merely for the accomplishing their own ends, took away the Kings life, that so when they had slain him, they might take possession of his Power and Estate, and at their pleasure divide it among themselves, and their slaves, and by the strentgh and power of it, 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 Alchemy Saint Oliver, and his graceless Tribe in that Vote: Also I will instruct the people of England, in the best way, method, or form that I can, to set themselves in, to obtain the real exercise of their declared rightful supreme power. And also produce them several 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. How they practiced their Supreme power upon many occasions, even upon the greatest Generals, Noble-men, 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 encroachments, that their present tyrannical Riders have already made upon them, then ever in the days 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 contest he speaks of, viz. make a dissention and breach between Parliament and people, he would cunningly deceive all parties, and get the Rose to himself. But let us hear what he saith further.

And also I will show 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 essential Maxims, without which England in a Common-wealth can never be free. viz.

First, that the Chief Commander of their Militia, or the General of their Forces, by Sea or Land, be often removed, at least once every two years, upon pain of immediate death upon the least refusal to surrender his Command.

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

Seeing Mr. Lilburn pretends to have some knowledge in the history of Common-wealths, we shall tell him what was practiced 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 public with 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 Enemy without the walls, casteth Granado's and Wild-fire in, not regarding where it falls, so it may do some mischief and hurt amongst us.

But one thing here, is remarkable, to wit, how evidently his own gross hypocrisy is discovered by himself. Mark all Readers that have sense; he pretends as if the Liberties & Freedoms of the people were dear to him, and hence it is, that he writes so much against Tyranny and Oppression. Whereas it is 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 public 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. So then if Mr. Lilb. had been let alone, and not crossed 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 people's Liberty & Freedom that moved him thus against the State, but (as he saith himself) his own private Interest: namely because he could not have such things (as money, lands, preferment) as he expected: All which we know to be true, had not his own mouth spoken it.

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

No man (saith he) was more against the putting of the last King to death then myself, and spake more to the Grandees teeth about it, then all the Cavaliers 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 chopped 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 Cavaliers, See my zeal to your Lord and Master.

Again, 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 Pythius the Priest gave to Pyrrhus the King of Epire.

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 darkness. 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 he should not be too open, for thereby he might have lost the Interest of some parties, in not joining with him in the GRAND DESIGN.

2. Not only hath he apparently declared, Prince Charles Apparant Heir to his Fathers Crown and Throne, but likewise in his former papers hath most treacherously persuaded 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 own words are these.

I do not see but you may more justifiably before God or man join with the Prince himself (yea I am sure a thousand times more justly) then the present ruling MEN: and if we must have a King, 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 Regal pretended Competitor.

He that thinks Charles Stuart hath more lawful right to the government of this Nation, then the present Supreme Authority, and that the people should do better, if he were here settled 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 always as he sat 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 concerned to look after it. Praevisa minus Laedunt, fore-warned, fore-armed: It is easier to shun the snare, then being in, to escape.

But 3. The great familiarity which was between him and the Cavaliers, whilst he was resident in the Low Countries, is sufficient to demonstrate the truth of the Charge in this particular. And for the pretences which he makes, whereby to excuse him self, we find them to be rather matter of proof, then any way to weaken the Testimony. Those that were the Parliaments Friends, with them he neither took, nor desired acquaintance: but such as were known to be their greatest Enemies, were evermore his familiar and special 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 Enemy, as did plainly signify there was some treacherous design amongst them against the peace of this Nation.

When the Carthagenians understood of Alexanders intent and great preparation for Africa, 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 served, 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 Cavaliers. But (hoccine credibile est aut memorabile) how could he think that any man should imagine such a thing.

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

2. Showed such large affection to the Son.

And 3. for this Government, none had more opposed it, nor done half so much for to destroy it, as he had done.

So that the Cavaliers 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 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 ears? 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, do acquit him? wherefore do all seditious people seek his 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 Freedom, 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 looks on the other side. What cares the Cavaliers, which way Lilburn looks, whether he 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, Charles 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 ruin of it, but because there is no way more probable to accomplish what he would have done, then to join with the Cavaliers in Charles Stuarts Interest. It is said of Tiberius, he would have Caligula to reign, that he might destroy the people: Upon such an account would Lilb. settle HIS KING among us, merely to destroy godly and honest men, in their Religion, Liberties, Laws, Lives. Not of any good will to him, but that he might be revenged on those which would not have him to domineer and play the Tyrant.

Having shown 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 Cromwell: And was totally and positively resolved (if he could choose) never to see England, so long as Cromwell's most hateful, detestable, and bloody tyranny lasted, unless it were in a way to pursue him as the grandest Tyrant & Traitor that ever Engl. bred: and had rather live in a voluntary widowhood all his days, then to live under Cromwell's 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 door to have murdered him, but for the Reasons formerly mentioned: These are his own words.

Now taking it for granted (as we suppose he 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 settled, fixed, constant, semper idem. We must necessarily conclude (and all rational 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 skilled in Logic as Law, we shall frame an Argument, Thus.

Mr. Lilburn resolved and purposed, if ever he came into England, it should be to destroy the Lord Gen: Cromwell:

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: Cromwell.

Neither the Proposition nor Assumption can be excepted against, or denied; For we have his own hand to prove both.

Gregoras his Fox (in the fable) being blacked 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 habit and condition permitted him not to live otherwise then innocent. We could not perceive that Mr. Lilburn before he came amongst us, had done anything, as to a visible change in outward appearance: we never saw any Black that he 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 several ways sought the destruction of this Common wealth, and without any change of my resolution, mind, or puurpose, am returned again unto you.

2. Concerning the Passe which he speaks of, in a letter to his wife. Here we cannot but admire the man's presumption: That be should not seek for a Pardon, but a Passe: as if the State would have been so careless and improvident of the peace and safety of the Nation, as presently to have 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 professed it could not stand with the safety of h • life, nor could he be secure, so long as Cromwell's absolute tyranny lasted, upon any promises that he could make before God or man: For by too large experiences, h • judged him as false as the Devil himself, and one whom he would never trust again whilst he breathed, let him swear and protest never so much.

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

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

He desires leave to return, and liberty to go where he list: not that he would believe, or trust the General, or thought his life any way safe, or secure to live under him: but having such an 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 Vessel may run the speedier, and come the sooner to their Port. This was only a Tacking about for the wind sake, no change of mind or resolution: And we must needs say, as to the thing intended, he shown himself a master work-man, for there was now a necessity of such a Leevere, or turning 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 a change of the Government of the State: partly because things are then unsettled and loose, and partly because at such Turnings and Changes many men are unsatisfied, and discontented, and so the readier to make tumults, & insurrections. And this was not unknown to him, whose knowledge in sedition hath exceeded most: And therefore takes the advantage of Our Change, there being no fitter opportunity then now, to manage his own present business, 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 speedily to get him a pass: And one reason moving him (as he saith) to make the more hast, is, because if I come over, and find things in a handsome way to my liking, I have something of very great consequence to say speedily to such a great faithful man, as I shall trust. The Law saith, A doubtful action is to be taken in the better part, and the fairer interpretation must be made.

Again, in doubts the nobler presumptions are always to be chosen. Now howsoever our desire is to walk ( where we can) by such charitable and Christian rules. Nevertheless considering here, the condition of the man; As

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

2 What he calls matters of great consequence, are ordinarily Conspiracies and Treasons against the State.

3. To have things in a handsome way, and to his liking, is to have the Nation in blood and war. 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 General, destroy the Parliament and Council of State, and to settle Charles 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 easy to guess what Mr. Lilburns conceptions are, and so suitable what he will bring forth, by knowing his nature, and what 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 Council of State or Governors will not cast a favorable eye upon me, but either deny or delay me a Passe, so that the next Post I hear not of it, I shall then take it up for granted, that Major Gen: Harrison (being as I hear one of your New Council 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 my banishment: and what he said publicly 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 brain 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 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 deceitfulness of his ways, 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.

We 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 restlessness, self-revenge, and malice, should thus still be discovered by his own mouth.

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

Now herein we know not whereunto better to like him, then to that Bird, which was brought to a certain City, to devour the Offals and Carrion, about the place: but her own dung was so much, and so intolerable, as they were soon weary of her, being worse a great deal 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 Cavaliers in several places: Being at Callais, immediately before his last coming over, he spent a day or two with the Duke of Buckingham, and some Colonels of the late Kings Army, where he and they, with other Arch Cavaliers dined and supped continually together, who at his departure, brought him at midnight to the waters side, where he with two Cavaliers (embarqued all in one boat) went away together.

The Virgins in Cyprians time, granted they walked with young men, talked with them, went led with them; but when they came to the Action, they abstained. Some such Apology (perhaps) he will make for himself: Familiar they were, but not cum stullis stultiscere, & cum vulpe vulpinari: No action. But as vain and unsatisfactorie, as ever was devised, to excuse an Enemy by. Here we 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 denial of the fact, where we have clear demonstration and proof to the contrary.

7 No sooner is he arrived in England, but at Canterbuire, in his way to London, he presently begins to boast of his own interest here; saying, he had no need of a Passe, being as good a man as Cromwell, and that he did not fear what he could do unto him.

Geese (they say) when they fly over Taurus, keep stones in their mouths, lest by gagling they should discover themselves 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 himself as potent as any man, and therefore will not have his mouth stopped, but speaks great swelling words, as if he meant to have put the whole Nation into a dreadful fear of him.

8 And lastly, what could any rational man understand, by his appearing so publicly, and sending by his Agents papers abroad, to acquaint people in all places, of his being in the City, and where he was, and how to come to him, but a treacherous design to gather a party 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 ways:

• 1. What he hath said.
• 2. What he hath done.

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

1. Concerning the Act whereupon he was indicted, this he said; It was a lie and a falsehood; an Act that hath no Reason in it, no Law for it: It was done as Pharaoh did. Resolved upon the Question, that all the male children should be murdered: That if he died upon this Act, he died upon the same score that Abel did, being murdered by Cain. That the Act was a void 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.

We read of one Theodosius, who having denied 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 Enemy 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 anything as proper to the Jury to hear, much less to be Judges of: But as children and fools, will part with silver and gold, if a counter or toy for it be put into their hands: so he knew, by such by-talk, and impertinencies (specially railing against the proceeding of the Parliament ) how to take away from his twelve men, their reason, judgment, and conscience.

2 Concerning the late Parliament, he said, that 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 legal witnesses; but for the Treason w ^ch he speaks, he resolves now to abide by it. Nevertheless, we cannot tell, but he may have here some Jesuitical 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 brain or sense: So possible he will have a distinction between a lawful 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 persuaded to think that he will make some such Dunce-like distinction, because he knows; Whosoever shall say, that the last Parliament Assembled was unlawful, or not the Supreme 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, By the same Law they voted him to death, they might vote his honest twelve Jury 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 Thief or Murderer should say; Ye Gentlemen of the Jury, take heed what you do in my Case: For if you hereafter shall be found guilty of such Robberies and Murders as I have committed, there will be as much reason and Law that ye suffer as myself.

Cleonides being asked, why he spared the Argives, who had sought to destroy their Country, answered, lest (saith he) we might want such men to exercise our youth. If we consider the weakness and vanity of Lilburns words, and how corrupt and unjust his 12 men were, in their verdict. Instead of that answer (or rather no Answer) which they gave at the time of their Examination before the Council of State; they might well and truly have said, We have spared him, lest we should want such a man as he to oppose the present Government, and to carry on the Cavaliers 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, a gallant Parliament, who were tender of the liberties, and of the well-fare of the Nation: And walked in the steps of their Ancestors, and Fore-fathers; Then were the days 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 wind; nothing at all to the purpose or thing in hand. Two things nevertheless are worth the observing.

1. His notable dissimulation, as being like the Crocadile (of whom it is said) when he hath killed a man, afterward weeps over him, as if he were sorry, and did repent for what he had done. It is well known, what an Enemy he was to the Parliament before the Kings death: his own Libels and Pamphlets are yet extant, wherein he doth as much scandalize and reproach the Parliament then, as since. But see here his Crocadile tears, as weeping over their dead bodies by a feigned and base flattery, seemingly to repent for the murder of his tongue.

2 Note his gross absurdities and contradiction: The Parliament before the Kings death (which was not till about the year 1649.) was a gallant Parliament, &c. and yet since the year 1640. or 41. there hath been no good Laws made. We shall not press him here, but spare him, and endeavor to help him out. Thus therefore we understand him: In the year 1640. or 41. the Parliament bestowed something upon him, he being formerly very poor: since which time they have not done the like, and so consequently made no good Laws. And thus stands the case: for otherwise (putting aside his own Interest) we all know, that more useful and wholesome Laws have been made since Anno 1640. or 41. then before.

5. He affirms, that it was no lawful Parliament, that made that Act. Again, The Parliament that made this Act of Banishment was no Parliament I will prove it: And the Parliament were rather Transgressours then I. Again, Admit the Parliament legal, They had NO POWER TO SEND FOR MEE. If there were any Judicatory in Parliament, it was the Lord's 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 lawful Parliament: The which saying is proof enough (by Cokes Institutes ) to prove him a Traitor. The Wolf, though he often dissemble, and closely hides his nature, yet he cannot do so still, but will show himself what he is, one time or other. So it is with devouring spirits, they may sometimes walk in the dark, and use such artificial sleights, as their designs are not discerned: yet this they cannot always do; but now and then (casting off the sheep's-skins) will appear (what they are) even Wolves indeed.

But doth he not in the mean time, very much satisfy the consciences of the Jury? as to move them not to find him guilty? considering (being arraigned for Treason) he should thus openly before them, declare himself to be guilty? Who can but think, 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 general, he said Parliaments were a deligated power, and ought to give a reason of all they do, 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: unless it be their own Members. That all Crimes whatsoever, were to be heard, determined, and judged at the Common Law, and nowhere else. Acts of Attainder were not Lawfull.

There is an Ointment, which if the heads of men be anointed therewith, they will seem to be most dreadful 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 poor and low thing is this Parliament? No marvel he hath taken the boldness to abuse it, and called it a Juncto, a Tyranny, a Foolery. Note he hath stripped it stark naked, not left so much as a reed or rush in their hands whereby to defend themselves. Soldiers when they have unarm'd the Enemy, forbear afterwards to abuse and beat the naked Prisoners: But he will not show 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 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 Emperor. 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 maintain the power and privileges of Parliaments, to hearken to such roving and wild discourse, was no way justifiable.

If a Parliament be the Supreme 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 anywhere, 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 sense to understand it: for to grant a Parliament, and to deny Government and Jurisdiction which he speaks 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 do, and another thing what lawfully they may do, 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 Major: This is the strangest thing (saith he) that ever I saw, that a man must be cheated of his life: Good my Lord Major you have made yourself a party in my case, and taken a wrong John Lilburn, and if you do not make me hang, you are afraid yourself: You make the Land groan under your burdens 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 lies against knowledge and conscience, in saying they had taken the wrong John Lilburn: nor how grossly he contradicts himself; for being the wrong John Lilburn, how could the Major make himself a party in his case? There is something of note, where he saith, if he die 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 suppressed, or ruin will follow.

For the rest, it is nothing else but as before, impertinencies, and base talk: Though possibly he work up himself hereby, more and more into the affection of the Jury: For they hearing him to speak so high against the Lord Major, and telling him of making the Land to groan with burdens 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 Great Business, whensoever opportunity should serve.

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

Here he speaks home for Liberty: Malefactors are not only to choose their Jury, but their Judges too: So that Magna Charta is to be understood of liberty granted unto Murderers, Thieves, Traitors: But for true men, honest and faithful to the State, there is no help for them there, as to their liberty and security: So that we may apply to ourselves, what is applied to Rome.

For the 1000. l. Salary, we know no reason 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-General he said, You are a blood-thirsty man, and you come here to justify your unrighteous Act: And I hope the Jury will take notice of all your violence. It is the admiration of my soul, that he should be a Judge in 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 natural 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 knows 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 so modest now? Indeed insinuations sometimes are more effectual 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 mysterious, we know not what Tyranny he means; besides, if we have had no good Laws 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 himself, seeing (to serve his own turn) he carries on several interests.

5. For the Jury, he called them, his honorable Jury, and said, they were the Keepers of the Liberties of England: And will make it appear that the Jury 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 honorable Jury he handles like Brass-pots, which be they never so huge yet a man may carry them by the ears where he will. It is by the ears 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. Nevertheless having them (like Pots by the ears ) away he carries them, from the rules of Justice, and from what was their work, (as proper to them) to do that whereunto they were not called, nor in the least therein concerned.

Moreover, he charged them to consider whether if I die on the Monday, the Parliament on Tuesday may not pass such a sentence against everyone 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 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 dishonor and infamy 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, 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 fool, 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 Laws 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 redress, thereof: as not only 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 Trial, we shall only add this. I call Jehovah to witness (saith he) and do here protest before God, Angels and men, I am 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 profane 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, only as occasion is, useth it, for advantage sake, to get credit and belief with the people, specially now to satisfy the conscience of the Jury: And who knows, seeing they would not give any other answer when they were examined by the Council of State, but that they did satisfy their conscience in what they d • d; but it was this that did satisfy 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 Machiavels Grand Maxims, Those that mean to effect great matters must not make reckoning what they say or swear, and know by their craft how to turn and wind about at all times. And the Jesuits do hold equivocation, lying, and perjury, if it be (as it was this man's case) for safety, profit, and advantage. They do set open a School, for deceit, in which they teach an Art of lying, by the help whereof he that can lie and for swear 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 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 faced, and boldly with his own hands, to several persons, both Citizens and Country-men. Now because we have already shown 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) speak the less 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, entitled, More light to Mr. John Lilburn's Jury, wherein is asserted, That a Parliament (having its foundation only in the Common Laws) is but one of them; and neither hath, nor have power over the right of its fellow-standing Laws, 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 precious way of Trial by Juries; no more have they power to make that Fellony, which by the Common Law of England is but matter of Trespass.

As Solomon answered his Mother when she desired that Abishag might be given to Adonijah to wife: Ask for him the Kingdom also. The like may we say to such men as desire Mr. Lilburns liberty amongst us ; why do they not ask, our reason, freedom, privileges, safety, &c. seeing the case is one? Never was there a thing tending more to perfect slavery: what a Parliament no power to contradict, alter, or repeal any former standing Law? Must those Laws made by Popish Parliaments, in the mid-night of blindness, proper to Monarchy and Tyrannie, and no way suitable or necessary to our present condition, be continued?

But marvel not Reader at the impudence and boldness of these men. Aliquid latet quod non patet. This is no new thing, but what formerly Incendiaries have constantly practiced: namely, when a State hath been about to reform 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 public Tumults, to hinder the going forth of the work of Reformation, if they can. So that we have here instead of crying up Liberty and freedom, 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 privileges of Parliament: And therefore for his Juries and others who have accompanied him in his seditious design, are likely to come short of their expectation; that is, instead of a Booty, to be losers by it.

In the same Book it is further said. Such Laws as these being void Laws, who are to know them to be such but Juries, who are the only legal Triers of all men in all Causes, and they are bound in conscience to try all Laws made by Parliament, by the fundamental Laws; and where they find them contrary, and that men stand before them to be Tryed as Fellons upon these laws, 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 the direction of Judges and Recorders, in the case, who many of them lie under sore temptations of loosing their honor 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, ( 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 itself, 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 appeal unto, be their Verdicts and sentence never so illegal, and unjust. The matter here is so irrational 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 suppress such insolent and base assertions, given out for no other end, but to keep up distempers among the people.

Some do well observe, that a more grievous 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) hath not so much perdition in it, as to make others to sin. We find no man 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 evil 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 appealed to the Army in his Trial 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; only the man's 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 several conspiracies, whereby to have destroyed the same.

There was also a printed paper given forth by him, Entituled, Fundamental Laws and Liberties of ENGLAND, wherein is reckoned up twenty eight in number. The second of them is, That the Supreme 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 only Supreme, lawful 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 power to continue their sitting above a year.

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 signify little. One would think he should have spoken more concerning the Supreme Authority of his precious Jury, and have proved by Magna Charta, or some other fundamental Laws, that their power is arbitrary, absolute, unlimited.

But the truth is, malice and pride hath so blinded the light of his reason, as he knows not what fundamental and standing Laws 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 Laws, as to a distinction, what is standing, what changable: notwithstanding in this very thing he is blind, as knows nothing.

All Laws which may be said to be standing and fundamental, are grounded upon pure reason, not upon Magna Charta, or any former Parliament whatsoever. For in reference to the Laws which men have formerly made (whether these twenty eight which he reckons up, or any other) they are not unto us standing or fundamental, otherwise then we see they are rational, proper and necessary to us, and for us. This is a standing and fundamental Law, Nihil quod est con • ra rationem est licitum. Nothing which is against reason is lawful. Again, Nulla tam sancta l • x est, quam non oporteat, si silus populi postulet urgeat{que} necessitas mutare. There is no law so firmly made, but when the people's safety and necessity require, may be changed. So again, Quod non est licitum in lege, necessitas facit licitum: And that rational 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 fundamental Law (which he understands Laws 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 and to lay aside all Parliamentary ways, and constitute some 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 Mass; and to stir them up the sooner to Rebellion, persuaded them that the same by their Ancestors was so established, as no Parliament could contradict, alter, or repeal it; whereupon great Tumults and commotions were made in several places, and much treasure and blood lost thereby. As the Priests to have the Mass to stand, occasioned the rude multitude then to revolt: so seeks Mr. Lilburn now by making a noise of standing and fundamental Laws, to instigate the people to insurrection. Whereas all rational men well know, there is no Law or Statute formerly made, but the Supreme Authority of the Nation may contradict, alter, and repeal it (we speak here as to their power) as lawfully and groundedly, as ever Mass and Matins were suppressed: As fools therefore will be meddling, so he being ignorant what true freedom is, and in what sense Laws may be said to be standing and fundamental, seeks to disquiet the minds of the people by publishing such things as are most foolish and absurd. Only this we do 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 fundamental Laws: 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 took upon them the exercise of Regality, and the dissolution of Kingship and House of Lord's.

Because we would willingly satisfy all such as may otherwise stumble at the seditious block which he lays in their way, we shall therefore show 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 entrusted therewith, whether in a Parliamentary way or otherwise, either formally or implicitly; who may as their deligates or persons entrusted, lawfully act (as to power) whatsoever the people can do, either about Laws, or what else is of public and general concernment.

So that to suppose 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 fundamental Laws. 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 Laws? We grant the Supreme Authority of the Nation, may continue former Laws, and let them stand in force, but we deny that either Magna Charta, or any other Statutes or Laws of the Land, left to us by our Ancestors, 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 Laws, what is it else but to enslave the Nation? For by such a principle, people not only loose their liberty, but are brought under such a kind of Tyranny, out of which (as being worse then the Egyptian Bondage ) there is no hope of deliverance.

We see sometimes that men will go 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, 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 ruin: As the Poet saith of the foolish Fish, swimming to the hidden hook.

There was yet another printed paper, Entituled, A Word to the Jury in the behalf of John Lilburn. The scope whereof is, to stir up the people by force to rescue the said Lilburn. It is said there, John Lilburn hath not offended against any Laws, but against those by-Laws which are no Laws: But such as Tyrants made, to succor themselves in their Tyranny, and were not a legal power to make Laws.

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 given unto the Jury, is to this effect. As if he should say. You are above both Law and Parliament, as Judges 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 lawful.

And according to this word, did the Jury proceed, most insolently presuming (by the Verdict which they gave) not only to be Judges, but condemners both of Parliament and Laws: 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 evil speeches which the Giants used against the God's: But when he saw that they attempted (by raising Mountains) to pluck them from their Throne: here now he stirs, and with thundering and lightning destroys them, and breaks their design. It is true, nothing better becomes men in Authority, then meekness, and to pass by a multitude of offenses: but when they shall see men, Giant-like, to rise against Authority itself, and not only to trample their persons, but their Acts too, as mire under their feet; in such a case whether they ought not to be active and severe, let wise men judge. A Heathen could say, It is sometimes the best kind of mercy, that offenders be punished, and to spare them, the greatest cruelty.

Again, speaking afterwards to the Army; You were first raised to succor the people from being subject to the Tyrannicall will of Tyrants. If those therefore that Command you, do 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 illegal execution of any one Member of the Common-wealth, you are not to obey them therein: but instead thereof, employ your Armies against those that impose such illegal, cruel, and bloody Commands upon you.

What his former practices were, as to divide the Army, by causing divisions among the Soldiery, we have already shown: the continuance of which most dangerous design, we see here, he hath brought over with him. By guarding illegal executions, we know what he means by his writings elsewhere: namely when any one is brought forth to be punished for his misdemeanors (specially if it be for making Insurrections in the Common-wealth) to countenance and encourage such a person in his evil and sin, and casting off all just Commands, to employ their Arms (as he saith here) against their Superiors.

When there was a debate between Caesar's and Pompey's Soldiers, of some agreement: Libienus cries out, Why talk ye (saith he) of such a thing? Nisi Caesaris capite delato, Unless Caesar's 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 continual endeavor, to leave no way untried, whereby to occasion some disturbance or other: As if he had vowed or taken an Oath (as Haniball did when he was but twelve years old) not to be reconciled to the State, nor cease to seek the ruin of it, whilst he lives.

Besides the former, he hath also dispersed another printed Paper, called 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 General 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 lays 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 destroy the Lord General Cromwell, the Parliament and Council of State, and to make Charles 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 anything 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 public affairs of the State, until he had gotten his liberty, and so been in a better capacity to have followed the business 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 finds an occasion to go to work, be it in season, or out of season.

The Controversy was soon decided, as to what Country 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 venomous 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 die they cannot, the soil being so natural to them.

We shall go no further with his Books, only besides those here mentioned, he hath dispersed with his own hands among several persons many other 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, we shall not at all meddle with it: it being only our purpose, to satisfy 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 rational and well bottomed, we desire that these following Considerations may be weighed.

1. How he hath sought by several seditious ways, the overthrow of the Common-wealth, ever since it was established: And nothing will satisfy him (by his own confession) but murder and blood, where he takes himself to be wronged: Be it true or false, for here none must be judge but himself. Plynie saith, that the Earth never receiveth within her entrails, that Serpent which hath stung any man to death. We have shown before, how his tongue ha's not spared any, but the poison thereof hath been poured out, upon Parliament, Army, Generals, Council of State, &c. Insomuch that, if after all his poisoning and killing, there should be an opening to him, as to receive him into our bowels, it might truly be said (like that voice which was heard from Heaven) Hodie venemum Reipubl. est immissum, This day is poison poured into the Common-wealth.

2. In all the stirs that he makes, and the several Pamphlets which are forth under his name, we find nothing in them of Christ, nothing of his Kingdom, 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 Generation-work, 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 pitied miserable) man, who hath made it so his work to be contentious, and always quarrelling with one or other, as he hath had no spare hours to look up, or to look on anything saving self-revenge; and therefore as he knows nothing of Generation-work, so he is better out then in; for should he be taken in, he would but stand in the way 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 removal 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 favor to Monarchy, and therefore as in the bulk, most improper and unsuitable to a Common-wealth. When Children make a noise, and thereby disturb the Family, our manner is to put them forth the door. It is but a Childish noise, of purpose to disturb the State, which he makes, of fundamental standing Laws, of precious Juries, how Parliaments shall be chosen, and how long they shall sit, &c. The folly and vanity whereof we have shown before. So that it is of necessity he should be quieted one way or other, to the end that those who are the Governors of the Family (being freed from such 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, Buckingham and that party, with whom in heart, head, and hand he joins, and whose interest and cause he carries on, and stands for.

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

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 designs which he puts into their hands; he being like the Weather-cock which stands over the Wind-dial 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 less is a State to be disliked, if they keep such at a distance, whose being near would hazard the blowing up of a whole Common-wealth.

6. We shall propound this as another Consideration, viz. The dangerous consequence of an ill president in a Common-wealth. In all well governed Republics, great care hath been taken thereof, insomuch that it hath been received for State-Maxims, Spes impúnitatis magna est peccandi illecebra. Et paena unius est multorum metus. Again, Bonis nocet, qui malis parcit. Qui punit injustos in alijs fieri injuriam prohibit. Bonorum salutem custodit, qui malos punit. How suitable 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. 〈 in non-Latin alphabet 〉 , Though she be such a one (say they) yet for all that rid her hence, rather then to us and our posterity 〈 in non-Latin alphabet 〉 she should abide here for a 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 THE UNREASONABLE UNRIGHTEOUS JURY: unrighteous in their verdict, and illegal 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 hypocrisy and falsehood of them. They say, if a Horse put his foot where a Wolf hath stepped before, he becomes lame by it. It was ill for the Jury that they followed Lilburn, how they went before we know not, but here they took such an halting as 'tis to be feared they will never go upright again: And whether this be not so, will appear by their Examination, which is as follows.

THE EXAMINATION OF THE JURY Who Tryed Liev. Coll. John Lilburn, At the Sessions -House in the Old Bailey: Upon Saturday the 20 of August, 1653. Taken before the Council of State the 23 ^d of the same Moneth, in pursuance of an Order of Parliament of the 21.

THomas Green , of Snow-hill, Tallow-Chandler, Fore-man of the Jury; being asked what the grounds and reasons were that moved him to find the said Lievt: Col: John Lilburn not guilty upon the Indictment preferred against him at the Sessions -House in the Old Bailey, saith, That he did discharge his conscience in what he then did, and that he will give no other Answer to any Questions which shall be asked him upon that matter.

And being in particular demanded of him, whether he conceived it not sufficiently proved, that the Act whereupon he was Indicted was an Act of Parliament, whether he was not satisfied that the Copy of the Act produced, was a true Copy of the Act itself, or that the John Lilburn at the Barre, was the John Lilburn mentioned in the Act: And what other thing it was which moved the Jury to find as aforesaid; the Examinant answered, that he will give no other answer as abovesaid, and desired that he might be no further pressed therein.

And being further asked, why he would not give an account of the grounds and reasons of their Verdict, he said, He would not do it for reasons best known to himself.

MIchael Rayner, of Friday-street, Leather-Seller, he saith, that he was one of the Jury that Tryed Lievt: Col: John Lilburn, upon Saturday the 20 instant, and that he was summoned to serve of the Jury upon Wednesday was seven-night, and did constantly attend in Court, and upon the service, until the Trial was over, and that he was not solicited by John Lilburn, nor any other on his behalf. And the Questions mentioned in the foregoing Examination being asked him, he answered, That he was satisfied in the Verdict he gave in that Case, and that he should give no other Answer thereto.

And being further pressed therein, he desired that a days time might be given unto him, to consider of it, and he should give satisfaction to the aforesaid Questions.

He was further asked who advised him to make this answer to the Council, whereto he answered, That the Jury were all of that mind, and that they agreed to give this answer at a meeting they had all together at the Windmill Tavern in Coleman-street this morning; which meeting they had upon occasion of the Order of Parliament for examining this business: And that he had notice to come to this meeting by one or two of his partners, whose names (he saith) he doth not well know.

And being further demanded of him, whether Mr. Scobell Clerke of the Parliament, did not give evidence that Lievt: Col: John Lilburn at the Barre was the very Lilburn against whom the Act was made, he said, He did give that evidence, and that he did believe he said true, and that the Copy of the Act of Parliament produced, was a true Copy, but saith, That he and the rest of the Jury took themselves to be Judges of matter of Law, as well as matter of Fact. Although he confessed that the Bench did say, that they were only Judges of the Fact.

He further said, he was very unwilling to be of the Jury.

THomas Tunman, of Cow-lane Salter, another of Lieutenant Col: John Lilburn's Jury, who saith, that the Verdict was, not guilty: And being asked the Questions in the first Examination, he saith, That he was sworn to find according to the issue and evidence, and that he did find according to his conscience, and and positively refused to give any other Answer: And did deny that the Jury aforesaid had agreed together to give one and the same-Answer to the Counsel, or that they had met together this morning, or at any other time since Saturday-night last, until they came to the Council. And being asked in particular, whether the said Jury did not meet together this morning at the Windmill Tavern in Coleman-street, he positively answered they did not.

IMmanuel Hunt of St. Sepulchers, who saith he was one of John Lilburns Jury, upon his Trial on Saturday last, and that the Jury found him not guilty; but his memory being short, doth not well remember the issue.

He being asked, whether it was not proved that the Prisoner was the John Lilburn mentioned in the Act, saith, He was not satisfied that it was so proved, and that there are many John Lilburns, and that John Lilburn was Indicted of Fellony, which he did believe he was not guilty of; and that what was found was done by the consent of all, and did satisfy their consciences therein, and refused to give any other Answer, then as aforesaid.

And it being demanded of him, whether the Jury had not met together, to agree of the Answer they were to give to the Council; he answered, They met together the night of the Trial, to drink a pint of Wine, and that they met not since until this day; and being asked what time of the day, he answered, five of them met here. But being asked particularly whether they met not at the Windmill Tavern in Coleman-street this morning, he did acknowledge they did, and that Mr. Tunman in particular was there, but refused to declare who gave him notice of this meeting.

JAmes Stephens of the Old Bailey Haberdasher, who saith that he was one of Lievt: Col: John Lilburns Jury, and that having considered of the matter whereof he was Indicted, they found him not guilty. And being asked the Questions in the first Examination, He acknowledged that he was satisfied that the Prisoner was the John Lilburn mentioned in the Act: Nor did he yet question the validity of the Act, but the Jury having weighed all which was said, and conceiving themselves ( notwithstanding what was said by the Council and Bench to the contrary) to be Judges of Law as well as of the Fact, they found him not guilty.

He acknowledgeth that all the Jury met this morning at the Windmill Tavern in Coleman-street, to consider what Answer to give to the Council, and that the Foreman of the Jury spoke to him to be there, telling him he had heard there was an Order of Parliament for summoning them before the Council; and further saith, That • unman was at that meeting.

RIchard Tomlins of St. Sepulchers Book-binder, who saith he was one of Lievt: Coll: John Lilburns Jury, and that the Jury found him not guilty. And being asked what was the point in issue, he desired to be excused in that, saying, What he can tell is one thing, but to accuse himself is another thing. It being further demanded of him, whether he was satisfied that the Prisoner was the John Lilburn mentioned in the Act, he said, he was not: And being asked what made him think so, He answered, he was not bound to give any account of what he did in that business, but to God himself.

WIlliam Hitchcock of Watlyn-street, Woollen Draper, who saith he was of Lievt: Col: John Lilburns Jury, and that the Jury found him not guilty: he being asked the Questions expressed in the Foremans Examination, he answered, he had discharged his conscience in what he had done, and desireth the Council not to ask him any questions. For he can give no other Answer, and is resolved to give no other Answer.

And being asked concerning the meeting of the Jury to agree of an Answer to be given to the Council: He first denied that they had any other meeting, then what they had the same night his Trial was. But being asked particularly, if they met not at the Windmill Tavern in Coleman-street this morning, he acknowledgeth they did, but denied he heard of any Order of Parliament for sending for the Jury, nor did they meet upon the business of John Lilburn, or that they did at the Meeting speak of it, but only met to drink a pint of Wine, as they had agreed to do, the same night they gave up their Verdict.

THomas Evershot of Watlin-street Woollen Draper, who saith he was one of John Lilburns Jury, and that they found him not guilty, but denied to give any Answer to any further Questions, saying he was satisfied in his own Conscience in what he did. And being asked, whether the Jury did not meet this morning to agree of an Answer to be given to the Council, denieth that they did, or that they met at all since the night of the Trial, until they met at the Council.