Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	common_a	law_n	statute_n	4,861	5	8.7366	4	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A86094	Lieut. Colonel John Lilb. tryed and cast: or, his case and craft discovered. Wherein is shewed the grounds and reasons of the Parliaments proceeding, in passing the act of banishment against him, and wherefore since his coming over hee hath been committed to the Tower by the Parliament. Here likewise, is laid open the partiall, corrupt, and illegal verdicts of his juries, both the former and the later. Being to satisfie all those in the nation that are truly godly, and wel-affected to the peace of the Common-wealth: and to stop the mouths of others; proving, what is done in order to his present imprisonment, is according to the rules of justice and equity contained in the morall law of God, and nature, or sound naturall reason. Published by authority.	Hesilrige, Arthur, Sir, d. 1661.	1653 (1653)	Wing H1125; Thomason E720_2; ESTC R40953	178,723	190

before there was a second Judgement In which time nothing was unheard nor unconsidered which by Primate Lilburn Grey and their Solicitors could be produced Whereupon at last having fully heard what could be said by the Counsel on both sides this was the f Fundamentū perpetuae commendationis famae est justitia sine qua nihil potest esse laudabile Cic. l. 1. de leg Sentence By the Commissioners for Compounding c. 12 Decemb 1651. In the Case depending before us touching the Collierie of Harraton having heard the Depositions and Proofes taken therein and perused the g g The which Deeds upon Examination were found not to be so virtuall as to give Primate a Right to the Collierie in the understanding of the Commissioners Pulcra honesta laudenda sed Turpia vitupe●anda Aristo Deeds and other writings offered to us on the behalfe of John Primate of London Leather-seller who claimes an Interest in the sayd Collierie by Lease thereof from Robert Conyers who pretends a right therein by Grant from Sr John Hedworth And upon hearing of Counsel as well on the part and behalfe of the said Josiah Primate as on the behalfe of the Common-wealth in whose right the same is Sequestred as belonging to Colonel Thomas Wray a Papist and Delinquent and having had several Debates upon the said Proofes and Writings and what hath been offered by the Counsel on either side doe Resolve That it doth appeare that the whole Collierie of Harraton was under Sequestration in the yeare 1644. without distinction of Seames That it doth not appeare that the said Collierie or any part thereof was discharged from Sequestration from the yeare 1644. to this time That upon Consideration of the whole matter there doth not appeare to us sufficient cause to take off the Sequestration of the said Collierie or any part thereof upon the Petition of the said Mr. Primate Resolved That we doe leave all parties claiming any Interest in the said Collierie to their course in Law and doe thinke it fit that the possession be established accordingly James Russel John Berners Richard Moore Arth Squibb Will Molins Edw Winslow Having shewed what the Commissioners did and the grounds thereof Now it followes that we declare what afterward was done by Primate but especially by Lievt Colonel John Lilburn who at this time was the chief man that acted and appeared in his Unkles and Primates businesse against the right of the Common-wealth Not to speake of * Entituled A just Reprooff to Haberdashers Hall Or An Epistle written by Liev● Colonel John Lilburn July 30. 1651. to foure of the Commissioners viz. Mr. James Russel Mr. Ed Winslow Mr. Will Molins Mr. Arthur Squib Wherein is set forth their unjust and unrighteous dealing in severall Cases With the Relations of the said John Lilburn and their captivating their understanding to the tyrannical will of Sir Arch Haslerig who hath most unjustly endeavoured along time together the extirpation of the familie of the said Jo Lilburn The matter of this book was judged by the Parliament to be false scandalous and malicious and deservedly to be burnt by the hand of the Common hangman a Booke which the said Lilburn had before published and his charging Sir Arthur Haslerig with destroying and levelling our properties subverting the Lawes and Liberties of England and exercising a Tyrannicall power over us against and without Law There was h Of which Petition it might be said as Origen said of Celsus workes Non est periculum ut eis subvert untur ullus fidelium it was so false scandalous and malicious penned and printed a Petition and Appeale against the Judgement and Resolution of the Commissioners for Compounding The words of the Petition are as followeth To the Supream Authority of this Nation The Parliament of the Common-wealth of England The humble Petition of Josiah Primate of London Leather-seller Sheweth THat your Petitioner by Vnder-Tenants George Lilburn Esquire and George Gray the Younger Gent both of the County of Duresm being in the yeares 1647 1648 and 1649. in a just and quiet possession of the Collieries or Seams of Coal in Harraton in the County aforesaid called the Five-quarter and Nine-quarter Coal and having spent neer 2000 l. to win the same which lay drowned and lost from 1641. to 1647. Sir Arthur Haslerig in 1649. i i Innocens esse nemo poterit si accusasse sufficiet procuring Colonel Francis Wren one of the Committee of that County and Colonel George Fenwick to joyn with him made an Order against which the rest of the said Committee present protested to sequester the said Collieries under colour of an k k The things that are not faire seem faire to him that is in love So Daphnis in the Poet saith to Polephemus So it is with the promoters of this Petition Though slanders and falsehoods are fowle grosse vices yet to them they seeme faire and lovely because they take delight and pleasure in them untrue suggestion That Sir William Armyn had sequestred the same in 1644. as belonging to one Thomas Wray a Papist Delinquent and thereupon the said Sir Arthur l l Vis vi propulsanda is good in Law De male quaesuis non gaudet tertius haeres violently dispossessed your Petitioners Tenants and seized their Goods and let the said Collieries to Colonel Francis Hacher and several of the Officers of his own Regiment That your Petitioner hath petitioned to the Commissioners for Compounding for relief but by the m m A man that lets his haire grow too long falling over his eyes hinders his fight and goes the worse So Mr. Lilburn having the light of his understanding darkened with malice against Sir Arthur mistaking the truth here devised a slander power and influence of the said Sir Arthur upon most of the said Commissioners your Petitioner hath been delayed and denyed the ordinary course of proceeding in all Courts of Justice and at last coming to Hearing the said Sir Arthur appeared every day of the Hearing and took upon him not onely to plead against your Petitioner which is humbly conceived to be contrary to Law he being a Member of Supream Authority but also authoritatively to prejudge your Petitioners Case and to direct the said Commissioners what to Judge therein by his power and influence upon the said Commissioners he over-awed most of them and full Hearing Judgement being respited from day to day the said Sir Arthur kept private Correspondence with some of the said Commissioners about finding of some n n Nothing of these things could Mr. Lilburn prove in so much as that ●y of the Poet may be applyed to him and his Case Quaerit aqua● in aquis poma fugacia Captat Tantalus hoc illi garrula lingua dedit new colour or pretences to detaine your Petitioners possession from him Whereupon he produced new pretended Evidence after full Hearing and thereupon the Major part of

Councel chosen and intrusted by them for that purpose hath setled that Government in the way of a Common-wealth and free State without King or House of Lords Be it therefore Enacted by this present Parliament and by the Authority of the same that if any person shall maliciously or advisedly publish by z z Note how all men who have acted by the principles of Reason and Nature have been ever more carefull by strict laws to stop the publishing of seditious books Thus Plato Plutarch and the wisest of the Gentiles in their models and plat-forms of civill Governmē have always given order that infamous writings should not be permitted such as aspersed the Governmēt tended to mutiny and factiō but the Authors therof severely punished Famost Libelli convitia contumelia detractiones publicae sunt a Magistratu coercendae ut pax inter cives maneat Plato l. 11. de legibus So Plutarch lib. de Civil administrat Neither are there any Christian States-men but in their Republicks say as much Libellos famosos sive pasquillos magistratus spargi prohibeat eorūque authores disseminatores graviter coerceat Ketkerm System Polit. l. 1. c. 22. So our own Statutes Seldom an Act was ever made concerning Treason but there is mention made of scandalous books against the State Anno 1 Edw. 6. Cap. 6. So Anno 8. Edw. 6. Cap. 1. Anno 1 2 Ph● 〈…〉 ●o Anno 1 Eliz. c. 6. writing printing or openly declaring that the sayd Government is tyrannicall usurped or unlawfull or that the Commons in Parliament assembled are not the Supream Authority of this Nation or shall plot contrive or endeavour to stirr up raise Force against the present Government or for the subversion or alteration of the same and shall declare the same by any open deed that then every such offence shall be taken deemed and adiudged by this present Parliament to be high Treason And whereas the Keepers of the Liberty of England and the Councell of State constituted and to be from time to time constituted by authority of Parliament are to be under the said Representatives in Parl. entrusted for the maintenance of the said Government with several powers and authorities limited given and appointed unto them by the Parl. Be it likewise Enacted by the Authority aforesaid that if any person shall maliciously and advisedly plot or endeavor the subversion of the said Keepers of the Liberty of England or the a a How hee had denied the lawfulness of their Authority thrown scorne and contempt upon them is well known Qui peccantur coram omnibus coram omnibus corripienda sunt ut omnes timent Aug. de verbis domin Councell of State and the same shall declare by any open deed or shall move any person or persons for the doing thereof or stir up the people to rise against them or either of their Authorites that then every such offence and offences shal be taken deemed and declared to be High Treason And whereas the Parliament for their 〈◊〉 and lawfull defence have raised ●d levyed the Army and Forces under the Command of Thomas Lord Fairfax ●d are at present necessitated by reason 〈◊〉 the manifold distractions within this ●ommon-wealth and invasions threat●d from abroad to continue the same which under God must be the instrumental means of preserving the wel-affected people of this Nation in peace safety Be it further Enacted by the Authority aforesaid that if any person not being an Officer Souldier or member of the Army shall 〈…〉 to ●ch h●ld of any to 〈◊〉 with their ●ill they will bite and pull so hard to have it that many times they break their owne necks withall before they leave their hold Never man pluckt harder then this man in plotting contriving and endeavouring to stir up mutiny in the Armie So that if this place of the Act had been duly prosecuted he had broken his neck for his 〈…〉 plot contrive or endeavour to stirre up any m●tiny in the said Army or with-draw any Souldiers or Officers from their obedience to their superiour Officers or from the present Government as aforesaid or shall procure invite ayde or assist any Forreigners or Strangers to invade England or Ireland or shall adhere to any Forces raysed by the Enemies of the Parliament or Common-wealth or Keepers of the Liberty of England Or if any person shall counterfeit the great Seale of England for the time being used and appointed by Authority of Parl. That then every such offence and offences shall be taken deemed and declared by authority of this ●arl to bee High Treason And every such person shall suffer pain of Death and also forfeit unto the Keepers of the Liberty of England to and for the use of the Common-wealth all and singular his and their Lands Tenements and Hereditaments Goods and Chattels as in case of High Treason hath been used by the Lawes and Statutes of this Land to be forfeit and lost provided always that no persons shall be indicted and arraigned for any of the offences mentioned in this Act unlesse such offenders shall be indicted or prosecuted for the same within one yeare after the offence committed We shall not here take in the whole businesse which as c Namely in a book entituled The tryall of Liuet Coll John Lilburn which he well approves of and is willing the world should see published is an homaeologia one thing said often over and over but in short this wee say That the Witnesses and Proofes produced on the Common-wealths behalfe were full and legall against Lieutenant Colonel John Lilburn in point of Treason And thus we prove it 1. Howsoever the Statutes which he repeated say That no man shall be condemned for Treason petty Treason or any such like crime but by the evident and clear proofe of two lawfull and sufficient Witnesses Yet the same Statutes do likewise say If the offender himselfe confesse the Fact it is as much as two yea as tenn Witnesses And this was Mr. Lilb Case TREASON CONFEST Thine owne mouth saith Eliphaz to Job condemneth thee and not I yea thine own lips testifie against thee For the Objection which hee made that there was no man there to swear it was his hand It was the vainest and absurdest shift that could be devis'd What need was there for the Councell of the Common-wealth to prove that which proved it self or was d Coke saith we shall set down his own words Cardinall Pool albeit he was a Subject to Henry 8. and of the Kings blood being descended from George Duke of Clarence brother to King Edw. 4. yet he in his booke of the Supremacy of the Pope written about 27. H. 8. incited Charls the Emperour then preparing against the Turk to bend his force against his Soveraign Lord and Countrey the WRITING OF WHICH BOOKE WAS A SVFFICIENT OVER ACT WITHIN THIS STATVTE Note that the State needed no more proofe to charge him with Treason

same which he did be ore we shall therefore forbearing repition speake the lesse of it Not to mention how he dispersed the Petition delivered to the Parliament by six persons who called themselves Apprentices He delivered another printed paper entituled More light to Mr. John Lilburn's Jury wherein is asserted That a Parliament having its foundation only in the Common Lawes is but one of them and neither hath nor have d Wee may here speak to this man in the words of the message which was sent to the Rebels of Cornwall and Devonshire We let you wit the same hath been as nulled by the Parliament and not now to be cal'd in question dareth any of you with the name of a Subject stand against an Act of Parliament Holling Edw. 6. p. 100 s. power over the right of its fellow-standing Lawes to contradict alter or repeal any of them more then it hath power to destroy its own being That is the Parliament have not power over this pretious way of Tryall by Juries no more have they power to make that Fellony which by the Common Law of England is but matter of Trespasse As Solomon answered his Mother when she desired that Abishag might be given to Adonijah to wife Aske for him the Kingdome also The like may we say to such men as desire Mr. Lilburns liberty amongst us e As Mahash the Ammonite would not make any agreemēt with the inhabitants of Jabesh Gilead unlesse hee might thrust out all their right eyes so nothing will content this man but wee must give up to him our understanding light reason The saying is a man may buy gold too deare why doe they not ask our reason freedome priviledges safety c. seeing the case is one Never was there a thing tending more to perfect slavery what a Parliament no power f Querie whether Monarchy was not established by Law and whether it were a standing and fundamentall Law of the Land by which Kingly Government was established here to contradict alter or repeale any former standing Law Must those Lawes made by Popish Parliaments in the mid-night of blindnesse proper to Monarchy and Tyrannie and no way sutable or necessary to our present condition be continued But marvaile not Reader at the impudence and boldnesse of these men Aliquid latet quod non patet This is no new thing but what formerly Incendiaries have constantly practised namely g Our Irish histories give us many examples in this particular As often as the State of England wen● about to civilize the Irish and to take them off from their former barbarous and uncivil● customes the Popish Priests and other Incendiaries would be disquieting the minds of the people and to instigate them rather to rebell then not to do as their fore-fathers did when a State hath been about to reforme abuses by removing what is inconsistent to the present time and to establish better things in the place thereof here to take an advantage for the prosecuting of their Treason as to disquiet the minds of the people by false suggestions and by causing publick Tumults to hinder the going forth of the work of Reformation if they can So that we have here in stead of crying up Liberty and freedome the Trap formerly laid Bondage and Slavery stood for and this as a snare likewise Such a master-workman is he in the Black Art of Treason Such Birds as follow the Eagle in expectation to have a share with him in the prey are sure to perish if nothing be taken Our confidence is that Lilburn shall win nothing by seeking to destroy the power and priviledges of Parliament And therefore for his Juries and others who have accompanied him in his seditious designe are likely to come short of their h Quere whether it was not the expectation of the Jurie that their quitting of him being at liberty he should immediately have taken the great designe in hand for which he came over hic labor hoc opus expectation that is instead of a Booty to be loosers by it In the same Book it is further said Such Lawes as these being voyd Lawes who are to know them to be such but Juries i Who knows but the man had read the story how the Asse took upon him to judg betweēe the Cuckooe the Nightingale Now of all other the Asse might worse do it having no skill in singing The Iury men cōfesse they took upon them to judg betweene the Parl. Lilb And who might worse do it who are the onely legall Tryers of all men in all Causes and they are bound in conscience to try all Lawes made by Parliament by the fundamentall Lawes and where they find them contrary and that men stand before them to be Tryed as Fellons upon these lawes they are bound in conscience to pronounce them not guilty that are no Fellons nor in the least deserving death as in Mr. Lilburns case and not to expect k Of his writings it may be truly sayd Virus pestis venenum Reip the direction of Judges and Recorders in the case who many of them lye under sore temptations of loosing their honour and place of profit in case they wrest not judgment to the wills of those that are in power Have not we fought well all this while and laid out the blood and treasure of the Nation to a good end that in conclusion we must have twelve men l Whether any of these 12. were fools we shall not say But whosoever shall read their Examination will conclude they were not honest men suppose two knaves and ten fools as often it is and these must be the Keepers of the Liberty of England be above Judges Recorders yea the Parliament it self to determine what is Law and as they tell us so we must acquiesce right or wrong There being no power or Authority above them to m Pray note how Richard Tomlins one of the Iury in his answer to the Councell of State told them that he was not bound to give any account in that businesse to any but God himself which is as much as ever any Tyrāt did challenge appeal unto be their Verdicts and sentence never so illegall and unjust The matter here is so irrationall and absurd as no answer is fit to be given to it then to wish those who are in Authority to take speedy care and course to suppresse such insolent and base assertions given out for no other end but to keep up distempers among the people Some doe well n Pareus in Rom. 14. ver 13. p. 469. observe that a more greevous punishment is reserved for them which cause others to offend then for them which sin by their occasion Thus the Serpent was punished more then Eve she more then Adam So I●zabel felt a greater and sorer judgment then Ahab To sin saith one o Peccare non tantum in se perditionis habet quantum quod

making disturbances and tumults in a Nation p 37 38 39 4 Lilburns complaints against the General are groundlesse for being ignorant of what is just good he therefore speaks evill of it p 39 40 41 5 As his Accusations against the Generall are prov'd to be false malicious and scandalous so hath hee shewed himselfes herein most inhumane and ungratefull p 41 42 The which in humanity and ingratitude is demonstrated in severall particulars p 42 1 In the basenesse of his speeches ibid. 2 In rendring evill for good ibid. 3 Having no provocation or occasion so to do p 42. 43 44 Lilburns End and grand designe in opposing Government and aspersing such as are in Authority and herein how like unto the Pope p 44 45 The severall ways and wiles which he hath used to bring his end and designe to passe ibid. 1 By instigating all people Souldiers as well as others unanimously to rise against the Parliament and to apprehend them as so many professed Traytors Theeves Murderers c. p 45 46 2 By making division betweene the Parliament and Armie which is shewed in several particulars p 46 47 48 3 By attempting to destroy the Armie p 49 The which is demonstrated By perswading the Souldiers to revolt and cast off their Commanders page 49 50 51 52 Here some particulars are noted as how he and his partie have occasioned the Souldiers to revolt p 52 1 By charging the principall Officers of the Armie with most scandalous horrid and base things p 52 53 2 When any of the Souldiers have acted any thing treacherously and dangerously against the Armie their manner was highly to commend such mutinous and seditious persons p 53 54 3 By urging and instigating other Souldiers when their fellow-souldiers for causing sedition have been justly punished to take severe revenge for it presently upon their Officers p. 54 55 4 In stead of a Court-Marshall Mr. Lilburn appointed a Committee of Indempnity whereby all Souldiers are acquitted as not to suffer for sedition or any other crime whatsoever p. 55 56 Lilburns designs and resolutions far worse and more abominable then the former p. 56 As how he resolv'd to murder and massacre severall persons ibid. 1 Sir Arthur Haslerig p. 57 2 He hath openly professed to the world that hee resolv'd to kil the Lord Generall Cromwel at the Parliament doore p. 58 Reasons wherefore he did it it not 1 For the love he bore to his Wife and Children 2 Because he was assured that he should see the Generals downfall without the killing of him And 3. Be an instrument himselfe for the restauration of Englands Liberties and Freedoms ibid. Hence these Inferences are made 1 That Lilburns coming lately into England was to effect what he had promised to the Duke of Buckingham Hopton and others p. 59 2 A singular providence of God that a design so desperate should be made known by himselfe p. 59 60 3 The Common wealth of England needs no such Actors 4 The intended murder confest by himselfe leads us as by the hand to the Author and Instrument of the Libels and Pasquils which have been thrown abroad pa. 61 62. 3 It hath not only been his resolution to stabb and kill particular persons but a whole Parliament of men at one time as so many Weasels and Poulcats p. 62 63 64 Lilburns first Tryall p. 64 The Act declaring what offences shall be adjudged Treason pag. 65 66 67 68 69. That the witnesses and proofes produced on the Common-wealths behalf were full legall against Liuet Col. John Lilburn in point of Treason p. 70. 1 The Treason was confest by himselfe p. 70 71 72 2 Proved by severall legall and sufficient witnesses pag. 72 73 3 In the Booke which he owned and and acknowledged himselfe the Author the whole Treason whereof he was accused is there set forth pag. 73 74 How impartial illegal unjust the Jury was p. 74 75 How impertinent and vain Lilburns whole Answer is p. 75 76 77 78 79 80. Lilburns slight trick how he escapes at his Tryalls p. 80 81. Mr. Lilburns actions and doings after his Enlargement pag. 81. Here wee find him a Solicitor attending the Committees pleading in all Causes where he might have any advantage thereby p. 81 82. He who had formerly cryed out against the Lawyers is more foule and criminall in the same particulars p 82 83 Having been so long vers'd in Nationall Tumults he is like a fish out of the water till his hand be again in publique Commotions p. 83. The Case stated concerning Hatfield Chase ibid. 84 The Riots and Insurrections there made ibid. Daniel Noddel gets to his assistance Lilburn and Major Wildman p. 85 How Lilburn cum socijs totally abolish'd destroy'd the whole Town of Stantoft 82 Habitations and destroyed in Corn and Rapes 34000 acres the damage not lesse then 80000 l. p. 86. An agreement between Lilburn and severall men of the Mannor of Epworth that in consideration of 2000 Acres to be given to Lilburn and Wildman they shall be defended from all Riots past and to come p. 87 Lilburn's Lords dayes worke at Stantoft p. 87 88. How he instigates the people of Crowle to make Insurrections and Riots p. 88. Noddel's wager that Lilburn would call the Parliament to an account p. 89. Lilburns land measured out and by him taken into possession ibid. Major Wildman present when Lilburn made the bargaine p. 90. Observations upon the whole ibid. 1 According to Cokes Institutes Lilburn is a Traitor by his Actions p. 91 92. 2 His unparalleld insolencie having but a little before escaped punishment for raysing tumults would throw himselfe againe headlong in the danger pag. 92. 3 Should such a president as this be left without due Execution of Justice in what danger were the whole Common-wealth p. 93. The originall and chief cause of his banishment p. 94. Lilb actions and proceedings beyond Sea ibid. Here is asserted that no English Exile in the time of his Banishment shewed more malice or contrived greater Treason against England then Mr. Lilburn did in the time of his Residence in the Netherlands p. 95. For 1. never was a State by the mouth or penne of any Exile made more odious or execrable then he hath rendred ours to Forreign Nations p. 95 96 97. 2 Having made our Governours State-Hereticks then be proceeds Pope-like to cut them off p. 98. The which is demonstrated By the particulars whereof he is accused 1 Isaac Berkenheads Charge against him p. 98 99 2 Captain John Titus p. 99. 3 Capt. John Bartlet ibid. 100. 4 Richard Foot 100. How Lilburn like the Sepiae seekes to escape by blacking the water p. 100 101. The whole Charge cast into three heads or branches 1 His resolution to kill the Lord Gen Cromwel 2 To destroy the Parl. and Councell of State 3 To settle King Charles as h●e called him in his Throne in England pa. 101. Reasons to believe that he intended to

that Bird which was brought to a certain Citie to devour the Offals and Carrion about the place but her owne dung was so much and so intolerable as they were soone weary of her being c Nero in the beginning of his Reign complained much against the ill government of his Predecessors but afterward was worse then they worse a great deale then they were before 6 Not to speak of the frequent meetings and great familiarity which a little before his return he had with Jamot Layton Whittington and other Cavalliers in severall places Being at Callais immediately before his last coming over he spent a day or two with the e Note that one in the next chamber heard them discourse of the Lord Gen Cromwel of whom Lilburn spake very slightly saying Cromwel what can Cromwel doe The information of John Staplehill Duke of Buckingham and some Colonels of the late Kings Armie where he and they with other Arch Cavalliers f It is a Spanish proverb dime con quiem ánd is y dezirte be quiem ere 's Tell me with whom thou goest and I will tell thee what thou art Had we not other marks to know Mr. Lilburn by his familiarity with these men were enough to shew that hee is a trayterous Enemie to this Common wealth dined and supped continually together who at his departure brought him at midnight to the waters side where he with two Cavalliers embarqued all in one boat went away together The Virgins in Cyprians time granted they walkd with young men talked with them went led with them but when they came to the Action they abstained Some such Apologie perhaps hee will make for himself Familiar they were but not cum stullis stultiscere cum vulpe vulpinari No action But as vaine and unsatisfactorie as ever was devis'd to excuse an Enemie by Here wee may say in his own words We are too old with such gins to be caught We have learnt so much Law and Reason too as not to believe an accused person upon his bare denyall of the fact where we have cleare demonstration and proof to the contrary 7 No sooner is he g Two Assertions we have already proved 1. That no man hath been banished out of this Nation for greater Crimes then hee hath done against the Government established 2. No English-man in the time of his banishment shewed more malice or contrived greater Treason against England then he did in the time of his being beyond Sea Our third Assertion is this No man banished out of England being returned againe ever offered such insolencies and high contempt against Authoritie as he hath used since his coming over specially for the time And here we begin at his arrivall to prove the same arrived in England but at Canterbuire in his way to London he presently begins to boast of his own interest here saying hee had no need of a Passe being as good a man as Cromwel and that he did not feare what he could do unto him Geese they say when they flie over Taurus keep stones in their mouths lest by gagling they should discover themselvs to the Eagles which are amongst the Mountains waiting to take them But Mr. Lilburn in his flight feared no apprehension he scorns Authority and thinks himselfe as potent as any man and therefore will h Neither follow this coūsell virtutem primam esse puta compessere linguam not have his mouth stopt but speaks great swelling words as if hee meant to have put the whole Nation into a dreadfull fear of him 8 And lastly what could any rationall man understand by his appearing so publiquely and sending by his Agents papers abroad to acquaint people in all places of his being in the Citie and where he was and how to come to him but a treacherous design to i If the sparkles which a man strikes out of a flint do not take kindle it is otherwise then he would have it he useth the steel and the stone to have fire That these sparkles of sedition took no effect no thankes to him gather a partie to him whereby to make new Tumults and Commotions in the Nation And thus much for his coming over For his carriage since it may be considered two wayes 1. What he hath said 2. What he hath done Of these we shall speak distinctly and in order Upon his Tryall at the Sessions in the Old Baily he spake and asserted the particulars following 1. Concerning the Act whereupon he was indicted this he said It was a lye and a falshood an Act that hath no Reason in it k Smith in his Book entituled The Common wealth of England saith that which is done by the Parliament is called Fist sable sāctum and is taken for Law l. 2. ch 2. This man knew better the power of a Parliament then Mr. Lilb no Law for it It was done as Pharoah did Resolved upon the Question that all the l One thing here he forgets to tell the Jurie that as Moses one of the male children being preserved was afterward the instrument and meanes of their freedom and liberty So he had foretold of himself as one of the reasons why he kill'd not the Gen that he did believe he should be an Actor or Instrument to procure the full restauration of our English Liberties and Freedoms Lilburn revived 2 Epist p. 2. male children should be murdered That if hee dyed upon this Act he dyed upon the same score that Abel did being murdered by Cain That the Act was a voyd Act a printed thing there being no one Punctillio or Clause in it grounded on the Law of England and that it was an unjust unrighteous and treacherous Act and that he doubtted not to shatter that Act in pieces Wee read of one Theodosius who having denyed Christ made it afterwards his study to cast reproach upon the works and ways of Christ This is Mr. Lilburns practice here having been a continued Enemie to the State and for his intolerable insolencies and miscarriages necessarily banished he seeks to help himself by villifying and undervaluing Parliamentary Acts not that there was any truth in it nor so much as good sense in his words neither any thing as proper to the Jury to heare much lesse to be Judges of But as children and fooles will part with silver and gold if a counter or toy for it be put into their hands so he knew by such m A man that hath experienc'd a thing and found it right will make use of it againe upon the like occasion By Impertinences and by-talke he escaped the time before and therefore would take the same way againe by-talke and impertinencies specially rayling against the proceeding of the Parliament how to take away from his twelve men their reason judgment and conscience 2 Concerning the late Parliament hee said that n The Moabites called their God Baal●ognez the God of Thunder But the Lord in