Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	john_n	king_n	richard_n	10,255	5	8.9631	4	true

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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

of men h He faith himselfe that he hath a quicke and sharp pen he might have added and a tongue sharper then an arrow more contemptible then ever the foolish and ridiculous actions fathered upon and said to be committed at Munster in Germany by John of Leyden and Knipperdoling whom in follie murder madnesse and ridiculousnesse you have visibly in the face of the world out-stripped And already made good the truth of the worst of the Kings sayings against you or the sharpest and bitterest of his pens against you And who in historie must leave behind you to future ages the blackest name that ever the sons of men had and for you no defence or excuse or shadow of a bare figleaf-covering can be made for you i Here we may see how falsely he speakes when hee saith In all my actions and carriages beyond Sea I have beene to the utmost of my power understanding and ability as studious and industrious a reall wel-wisher to the prosperity of the people of ENGLAND in generall as ever I was in my life A defensive Declaration of Lieut Coll John Lilburn page 16. He knowes qui nescit dissimulare nescit impe●rare It was the policie of Ziba to devise a lye against his Master and then to speak of it himself unto David whereby to alienate the Kings affection from that honest man k So did Nero when hee had set Rome on fire he falsely charged the Christians with it The very same here is Lilburns designe hee raiseth falshoods and slanders against us and then spreads them abroad in other Nations as thinking by this means to divide all people from us But 2. As we have observed before how Mr. Lilburn like the Pope makes our Governours State-Hereticks and then proceeds to cutting off So it was his design beyond Sea And because this businesse is of great concernment we shall therefore first set down the particulars whereof he is accused and by whom and then give the Reader some rational Considerations as to the truth of the thing 1. Isaac Berkenhead affirms that hee heard Colonell Charls Lloid Engineer Gen and Quarter-master Gen to the late King Captain Luke Whittington Agent to Charls Stuart Captain John Titus and Captain Bartlet say That Lieut. Col John Lilburn had l In the Laws of D●…co there is nothing memorable but that it was appointed death for the least crimes there is hardly any thing remarkable in Lilburns writings but the fury and madnesse of the man as if hee would kill destroy every body that is in his way proposed severall times to Sir Ralph Hopton and sometimes to Coll Charls Lloid aforesaid severall others that if the aforenamed persons would procure him m Well may the love of monie be said to be the roote of all evill For what wickednesse is there but a covetous man will commit if he may gaine by it 10000 l. he would destroy the Lord Generall Cromwell the Parliament and Councell of State that now sitteth at Westminster and settle Charls Stuart King of England as hee called him in his Throne in England or else hee would have a piece of him nail'd upon every post in Bruges I further observed saith he from Lieutenant Coll John Lilburn and others who told me of his actions that the Lieut Collonel did not only move with much violence and earnestnesse shewing which way he would bring this his proposed design about but n This is the more likely to be true because whē he was in England it was his constant practice to goe from place to place to stirr up as many as he could to seditious courses went from person to person whose reputation he thought could o O cives cives quaerenda pecunia primum virtus post nummos procure so much as he proposed for the advancement of this his declared designe and whose affections and opinions were most sutable to further him in such employment Thus he 2. Captain John Titus saith that the said Lieuten Col John Lilburn proposed to the Lord Hopton that if he would procure him ten thousand pounds hee would p One of Mr. Lilburns friends writes thus It is a firme law and radicall principle in nature ingraven in the heart by the finger of God in the Creation for every living moving thing wherein is the breath of life to preserve award and deliver it selfe from all hurtfull things destructive and obnoxious thereto to the uttermost of his power Overtons Appeale pag. 3. If this be true then hath the Common-wealth of ENGLAND great reason to looke about and beware of this mans designe destroy the Common-wealth of England in six months or he would have a piece of him nail'd upon every post in Bruges The Lord Hopton told the said Lilburn that it could not be so facile a thing though hee believed it might be done but not in so short time To which the said Lilburn replyed My Lord I 'le shew you how it shall be done give me but the monies I propose for and I 'le have my Agents for I have enough of them that shall give me an account of all the Common-wealth of Englands proceedings And by those q But who are they Vaine and light fellowes like such as followed Abimilech Agents I will spread my papers abroad that shall instigate the people against the Parliament so by that r Wee hope when this Case and Craft which is here discovered shall be understood by the people of this Nation hee will have little cause to boast any more of Power here power I have already and that power my Agents shall make by working upon the people I will destroy the Parl. the Councell of State and the Lord Gen Cromwel in halfe an hour So he 3. Captain John Bartlet saith About the 20 of July 1652. in an Arbor in Plaringdoll three miles from Ostend in Flanders Lieut. Coll. John Lilb did propose to Coll. Charls Lloid Quarter-master Gen Engineer Gen to the late King in the late Wars in England and to Capt. John Bartlet the Examinant and Captain Luke Whittington Agent for the King of Scots that if the said Charls Lloid or any of the aforesaid persons would procure him * It is reported of one who for the like sum of money was hyred to kill a man And having done it hung the money about his neck and went up and down offering it to any man that would cut his throat post duca amara Gravior Inimicus qui latet sub pectore 10000 l. he the said Lilburn would settle the King in his Throne to wit Charles Stuart in England And that the King to wit Charles Stuart should never come into his Throne but by the said Lilburns means 4. Richard Foot affirmeth that hee heard Mr. Lilburn speak these words If my Passe come not up and I find that its Cromwel that hinders it as it must be for it lies in his power I

the said Commissioners not daring as is humbly conceived to oppose the will and pleasure of the said Sir Arthur have contrary to cleare Evidence before them for your Petitioner refused to relieve him and have punctually pursued in their Judgement the Direction publiquely given by the said Sir Arthur That the said Commissioners being the onely persons authorized by the Parliament to heare and determine all Cases about Sequestred Estates Your Petitioner cannot be relieved from the o o Pejor est detractio in magni nominis viris quam in plebeis August lib. 3. cont Pet. l. 2. Oppression and Tyranny of the said Sir Arthur save by the Parliament or their speciall Order and Direction And your Petitioner hath been kept from his Possession above two yeares and the said Sir Arthur hath declared the said Collieries to be worth at least p p Whether he did say it is a question but this is without question had not the thing been of very great value Mr. Lilburn would not have made so much contention about it for his hand hath bin grasping great booties Witnesse the businesse of Ha●feild Chase of which more in it's place 5000 l. per annum May it therefore please the Parliament in respect to the Publique Justice of the Common wealth to cause the truth of the Premises to be speedily examined and to provide for your Petitioners relief from the Oppression and Tyranny of the said Sir Arthur Haslerig and for the Dispensation of Justice without feare or favour as to your Wisdomes shall seem most safe And your Petitioner shall pray Josiah Primat The q Varro Romanes as it is reported kept in Capitolio certain dogs and geese which by their barking and gabling should give warning in the night of Theeves that entred in But if they cryed out in the day time when there was no suspition their legges were to be broken off because they cryed when there was no cause If the promoters of this Petition are as r Domesticum Testimonium stands no● good in Law Justin Inst l. 1. Tit. 10. Doctrina vana ratio ni accesserit Tull. they say themselves for justice and righteousnesse without respest of persons and against illegal and Arbitrarie actings God forbid we should speake against them but if they are as to the Parliament it did appeare so by their Censure deceitfull Workers false Accusers Defrauders prejudicial and dangerous to the Common-wealth we know no Reason but they should have their demerit accordingly To the matter then This Petition being by Lilburn and Primate given to severall Members of Parliament and afterward in the House avowed and justified by them both a Committee thereupon was appointed and power given to examine upon Oath and to send for persons parties witnesses and papers and to make report forthwith The Committee having sate ſ Note the honesty conscience of his honourable Jury as he cald them and who as he saith are the Keepers of the Liberties of England these without any examination of what was done in the twelve dayes found him not guiltie Like Gnato in Turrence Ais aio neges nego if you say it is thus so doe I if you say nay so doe I. But here how was that remembred Aequaliter utramque partem audire an old Attical Law twelve dayes upon the businesse and examined Witnesses produced on both sides and heard whatsoever could be said A report was made from the said t In a Pamplet lately printed entituled A Hue and Cry after the fundamental Lawes and liberties of England it is there sayd Many of the said Committee might justly be suspected of partiality greatly to favour Sir Arthur Haslerig 's cause and as much to discountenance Mr Lilburns cause Now we must beleeve this because Mr. Lilburn reports it As if neither the Committee nor Commissioners nor the Parliament were to be beleeved but onely his single testimony and bare saying Committee of their proceedings therein and of the matter of fact appearearing to them and the Evidence given them The House after long and serious debate Resolved upon severall Questions as to the civill part of the Petition and to the matter of Crime charged therein viz. That the Parliament doth approve of and affirme the Judgement and Resolutions of the Commissioners for Compounding in the Case of Josiah Primate That the aforesaid Petition is false malicious and scandalous That Sir Arthur Haslerig is not guiltie either of Oppression or Tyranny in the carriage and prosecution of this Businesse In a word whatsoever in the Petition contained any charge of crime as in reference to Sir Arthur Haslerig or the Commissioners for Compounding of unjust or unrighteous dealing after due Examination of all the particulars by the Committee and a full debate in the House appeared to be and so was judged and voted falshood and malicious aspersions Whereupon it was Resolved by the Parliament that all the printed Copies of the Petition should be burnt by the hand of the Common hangman A fine of 7000 l. Imposed upon Primate and committed to the Fleet there to remaine untill the aforesaid fine be paid The like fine of u Not that either he or Primate payd one penny of their Fines Neither hath Mr. Lilburns Estate been taken from him as he hath complained of and charged Sir Arthur Haslerig as if he had destroyed him his wife and children An absolute untruth as we understand for he hath enjoyed his Estate ever since as having been received either by his wife father or some other friend to his own use so that nothing hath been taken away from him by Sir Arthur as he most untruly reports 7000 l. was imposed upon Lievtenant Colonel John Lilburn and to be Banished out of England Scotland and Ireland and the Islands and Territories thereunto belonging and not to returne into any of them upon paine of being proceeded against as a Felon and in case of such return shall suffer death accordingly Before wee come to treat of the Act of his Banishment there are severall things to be considered 1. That it is most untrue which is by x Thus he writes Several of my friends in England may wonder why all this time I have not published the full state of the case between Sir Arthur Haslerig Mr. Primate and my selfe Mr. Lilburn and others affirmed viz. that the Reason and Cause of his Banishment should be of some difference and quarrel between Sir Arthur Haslerig and him whereas Sir Arthur was no further concerned in the businesse then to maintain as he was bound to doe the due title and Right of the Common-wealth which saith he some combining together wrongfully endeavoured to out and defraud the State of it It is no new thing to heare y Tacit. hist lib. 12. p. 395. So Ahab charged Elias to be the troubler of Israel wheras it was he his fathers house had don it men suum quisque flagitium alijs objectantes to

Metuebant in me omne in Eunuch Libels which are made he cannot but think and say Lilburn hath been here this is his worke for who but hee would write of stabbing killing murdering things so in humane and horrible as no man that is conscientious and honest would retain a thought of such wickednesse much lesse boastingly and pragmatically as he doth expresse the same but only such a one as cares not what evill is committed so it be to the satisfying of his malice and lust But 3. Neither hath it been the resolution of this man to stab and kill particular persons but like an other r Metuebant in me omne in Eunuch Gnato that the world might wonder at him and be afraid of him it hath been in his mind to murder and destroy a great number of people ſ It is worth the noting what this man speaks of himself I have the affections of thousand of MINE HONEST and endeared Friends in England who I know doe look upon me as a single hearted honest just plain spoken English man that hath been valiant couragious for the regaining and preserving their freedom liberty and if I should loose mine interest with my honest friends I were but single John Lilb nothing at all considerable either to be loved or feared Iohn Lilb revived p. 9. See Reader how he is double Io terrible Ioh and he must be valiant in stabbing and killing at least with his tongue that hee may not loose his interest with his honest Friends a whole Parliament of men at one time yea and as so many Weasels and Poulcats And that the Reader may see wee doe not report any thing of him but what he hath in the pride of his own heart openly declared we shall set down his own words without substraction or addition In a Letter to the Lord Faixfax which is extant under his own hand thus he writes Truly Sir give me leave to tell you without feare or dread had I come or could have got so many to have followed me as would have enabled me with my sword in my hand to have done justice and execution upon these grand treacherous fellowes and Tyrants at Westminster that have not only tyranniz'd over me but the whole Nation I should have made no more scruple of conscience with my owne hand to have destroyed them then to have destroyed so many Weasels and Poulcats The power of the Spartan Ephori was very great but not to kill any man Neither doth he find any Law for this in Magna Charta Cokes Institutes Liberty of Rights Besides he will not allow a Parliament to constitute a High Court of Justice as that any man in such a way should be put to death though never so great a Tyrant Traytor and Murtherer Neverthelesse and mark it good Reader t It wa a cunning trick which Themistocles was once taught by a man of Lacedemonia that because they might not take the Tables away wherein a law was engraven he should therefore turn them up side down which was as good as to take them away altogether This is the trick which Mr. Lilburn hath learnt though he cannnot take the Laws away yet he can turn them up side down for example if he be a Traytor yet must he be t●yed by 12. men of his own chusing If another be an honest man but by him judgd a tyrant he may kill him for the Tables are now turned he can himself without the least scruple of conscience kill and destroy men as so many Weasels and Poulcats yea and without his honourable Jury of 12. men This is John Lilburn The Defender of the Faith the Great Assertor of the Fundamentall Lawes and Liberties of England A sufferer for all free Commoners After Nero had occasioned much mischiefe to the Common-wealth he wrote to the Senate like Lilb when he held a paper in one hand to be sent to the Speaker intending with the other hand to kill the Generall u Ad Senatum literas misit de caede Syllaeplautique haud confessus vorum uniusque turbidum ingenium esse sibi in calumn●atem Reip. magna cura huberimo cunctas sibi curas amore patriae leviores dicti●ans vidisse civium maestos vultus audire secretas quaerimonias Tacit Annal. lib. 14. Accusing some persons whom he had murdered to be turbulent and factious men and that hee had a marvellous care for the peoples safety yea all the cares were nothing in regard of his love to the Countrey that he had seen the sad countenances of the Citizens heard their secret Complaints c. Whether Lilburn had ever seen this in Nero and aspis a vipera learnt it of him we cannot say but as good wits often meet so that Tyrant and this Chius ad coum in their bloody designe are alike For had he destroyed the persons or any of them as he most wickedly intended There was a writing to goe forth wherein as in Capitall letters might have been declared thus WHEREAS I J LILB LIKE NERO HAVE MVRTHERED SVCH MEN IT WAS BECAVSE I DID NOT LIKE THEM FOR THEY WOVLD NOT x Mr. Lilburn speaking of a method which he had a long time laid downe which is to destroy Generals Patricians Senators or Parliament-men as the ancient Romans and Grecians did He concludes thus Let my bloody and malicious Adversaries thanke themselves in not letting me alone to sit under mine owne Vine in Peace quietnesse Lilburn revived p. 10. Now 't is out we ever thought that he sought only himself though many ignorant of his wiles have been otherwise minded HELPE MEE TO MONEY AND LAND AS I EXPECTED BESIDE I HAVE HEARD THE SECRET COMPLAINTS OF SOME AS TREACHEROVS TO THE STATE AS I AM WHICH WOVLD HAVE ALL GOVERNMENT AND AVTHORITY TRODEN VNDER FOOT AS WILLINGLY AS MY SELFE Having thus truly laid open Mr. Lilburns y Of certain turbulent spirits it is said Illis quieta movere magna merces videbatur Salust They thinke the very disturbance of things quietly established are only sufficient to set them at worke The former particulars duly considered this saying cannot be applyed to any man more truly then to Lilburn CASE AND CRAFT we shall proceed now to his Tryall And here we purpose to Try his Tryers to the end it may appeare to the world how honest and conscientious they were and what Reasons there are to continue Juries by 12. men if the State meane to allow and countenance Treason any longer First for the Act declaring Mr. Lilburns Fact to be Treason it was read to the Jurie The words are as follow AN ACT Of the 14. of May 1649. declaring what Offences shall be adjudged TREASON WHereas the Parliament hath abolished the Kingly office in England and Ireland and in the Dominions and Territories thereunto belonging and hath resolved and declared that the People shall for the future bee governed by its owne Representatives or Nationall meetings in

rob'd an idoll Temple and at his return by Sea had a faire gale and pleasant weather to waft him home with his spoyls See saith he how the Heavens smile upon us and how the gods are pleased with what we have done It 's likely enough all things going thus prosperously forward Mr. Lilburn might say in his heart God hath forgotten he hideth his face he will never see it but a Heathen could have taught him otherwise q 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 cernit deus omnia judex But to proceed with our discourse At the making of those Leases Nodell openly declared in the presence of twenty persons that he would lay twenty shillings with any man that AS SOON as Lilburn came to London there should be r And reason too For what Truant would not rather have the rod burnt then to be whipt with it a new Parliament no doubt but the other had told him so and Lilburn would ſ But where then is the people liberty and freedom if M. Lilburn may doe all this call this Parliament to an account so said Jacke Stra● and Wat●yler ●urther adding that seeing they had now t Post dulcia a mara sweet meat will have sowre sauce finished this of Lincolnshire meaning by riots and fraud gotten the lands from the Petitioners they u Not stay till they are sent for But note here how to go from Towne to Towne and cast down I●clo●u●es this the law mak's levying warre and so Treason how will Noddel answer this would goe over into York shire to the rest of the Levells and doe the like there and so would g●ve x So doe Thiev's make worke for the Hang man but they had been better to hav● sate still worke enough to the Attorney Generall One thing more at another time was delivered by the said Nodell Having now stated their Case they would print it and naile it the Parliament doore and if they would not do them Justice they would come up and make an out-cry and y And why not destroy them too as so many Weasels and Poulcats It seems the man is but a learner yet pull them out by the eares Neither is it to be forgotten that the aforesaid agreement being made viz. the 2200. acres of land to be divided between Lilburn Wildman and Noddel this they caused immediately to be measured out and took the same into their possession according to the proportions mentioned And agreed with severall persons to let out some considerable part thereof whereupon Mr. Lilburn he repairs the house built for the Minister partly pul'd downe by the Rioters before and puts his servant therein to keep possession and having driven away both the Shepheard and the Flock hee employes the place in which they publiquely met to the use of a Stable Cow house Slaughter-house and to lay his hay and straw therein This being so nomen mutatum Instead of Sir Arthur Haslerig Lilburns name being read whether the Petitioners may not truly say in a A just reproof to Haberdashers Hall p. 37. Again as in another place Mr. Lilburn hath most maliciously premeditately and in a despight contempt of the Law of England and most treacherously in subversion thereof hath exercised a tyrannical arbitrary power over and above the Law A preparative to a Huc Cry pag. 36. his own words Lieut. Coll John Lilburn and his associates have destroyed and levelled our proprieties and in our Case subverted the Laws and Liberties of England and exercised an arbitrary and tyrannicall power over us without any shadow or colour from Order Ordinances or Act of Parliament to the unsufferable and unspeakable indignity and dishonour of the Parl. We shall adde no more but close with this It is witnessed upon oath that Mr. Wildman was present when Mr. Lilburn made the bargain That they two in consideration of * Nec venit in mentem quorum consideris armis 2000 Acres and 200 to Noddel of the land so laid waste should defend the Inhabitants from all b Sueonius writeth that a Physiognomer being demanded what he thought concerning the naturall inclination of Tiberius the Emperour Answered I see in him 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 dirt mingled with blood Thereby intimating that he would prove a covetous and cruell Emperour the dirt in his complexion representing filthy lucre and blood cruelty Riots both past and to come and at their charge maintaine them in the possession of the 52000 Acres And likewise was present when the Deeds were sealed to Mr. Lilburn and himself of the 2000 acres according to the conditions aforesaid so that the truth of the c Accipias nunc O anium insidias crimine ab uno disce omnes Virg. Aene. lib. 2. Narrative is not any way questionable Because this business is depending in Parliament who no doubt are very sensible of the high Insolencies and abuses committed and will doe Justice therein accordingly we shall say the lesse to it only will give the Reader some Observations upon the whole 1. Howsoever Mr. Lilburn seemes sometimes to be so tender of the Law as if none like himself were so conformable to the practicall part thereof d It remains upon record to the lasting infamy of the Cardinal of Cremona that standing and pleading against Priests marriages was himselfe taken the night following in bed with a whore No lesse is it a sin and shame to this man to plead so much as somtime he will do for Law Justice and at other times when it is to satisfie his owne lust and pleasure not a greater trāsgressor of law and justice then he Neverthelesse where he hath seene profit and advantage there hee hath made it but as a Spiders webb blown it easily away and broken thtough it Coke sometimes is his great Master but in this business of Hatfield Chase he will allow of no such Cook to dress his meat In the third part of his Institutes concerning high Treason hee hath these words e Ch 1 p. 9 10 There is a diversity saith hee between levying of Warre and committing of a great riot a Rout or an unlawfull Assembly f See Rot. Parl. in Cro. Epipham 20. Edw. 1. Rot. 23 Humfrey de Bobuns Case 4 Eliz. 210. b. Dier See the Stat. of 2 Mar. Cap. 2. By which grand Riots in some Cases are made Felonie Pasch 39 Eliz. by all the Judges of England he being Attorney Gen and present For exampl as if three or four or more do rise to burn or put downe any Inclosure in Dale which the Lord of the Mannor of Dale hath made there in that particular place this or the like is a Riot a Rout or an unlawfull Assembly and no Treason But if they had risen of purpose to alter Religion established within the Realm or Lawes or to g The very Case which Lilburn undertakes to defend thē in both in respect of what they had done or

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

decurrere piscis ad hamum There was yet another printed paper Entituled A Word to the Jury in the behalfe of John Lilburn The scope whereof is to stir up the people by force to n No doubt the Jurie would have been glad if such a thing had beene effected and can you blame them For had he been rescued and so not come to his Tryall their lying hypocrisie and other grosse evills had not come to light which now it doth to their shame whilst they live rescue the said Lilburn It is said there John Lilburn hath not offended against any Laws but against those o The Fox in the fable being arraigned for killing the Poultry pleaded not guilty as not having broken any justifiable Law And to prove this denies the Act which they brought against him to be lawfull because he the Kite and the Raven did not consent to it Judge Reader whether this be not his Case by-Lawes which are no Lawes But such as Tyrants made to succour themselves in their Tyranny and were not a legall power to make Lawes Demetrius for the love which he bore to a certain Picture or Idol in Protogenies shop willingly forbore to set the City of Rhodes on fire That Mr. Lilburn by the Jury may be quitted there must be no Act of Parliament against Treason put in execution but a door left open for this Idol sake to all Incendiaries to escape without punishment The Counsel which is p As Homer speaks of Vlysses Consilio bonus bonus Armis such a Councellor was he to the Jury given unto the Jury is to this effect As if he should say You are q So the 12 men understood themselves above Law and accountable to none but God Lilburn tells us that a Parliament are countable to the people for what they doe Wee should never have known how far beyond and above all Parliaments Iuries are if it had not been for this Tryall for how could we seeing there is nothing extant that makes mention of any such thing above both Law and Parliament as Iudges of the one and other so that it is wholly in your breasts to determine what is Law and when a Parliament may be said to be lawfull And according to this word did the Jury proceed most insolently presuming by the Verdict which they gave not onely to be Judges but condemners both of Parliament and Lawes A thing so unjust as before was never heard of and whereof they are since ashamed or afraid to give any Reason for it Jupiter is brought in as taking little notice of the evill speeches which the Giants used against the Gods But when he saw that they attempted by raising Mountaines to pluck them from their Throne here now he stirs and with thundering and lightning destroyes them and breaks their designe It is true nothing better becomes men in Authority then r Sic pius enis nam cum vincamur in omni munere sola deos aequat clementia nobis meeknesse and to passe by a multitude of offences but when they shall see men Giant-like to rise against Authority it self and not onely to trample their persons but their Acts too as mire under their feet ſ Here the proverb is true foolish pitie spoiles a Citie in such a case whether they ought not to be active and severe let wise men judge A Heathen could say t Interdum optimum miseri cordiae genus sit nocentes occidere saeva crudelitas si non c. Senec. It is sometimes the best kind of mercy that offenders be punished and to spare them the greatest cruelty Againe speaking afterwards to the Army You were first raised to succour the people from being subject to the Tyrannicall will of u Seeing his manner is to speak always honourably of the last K. and condemned those that judged him to death It is a question who he means by Tyrants when such tyrannical wills of men were exercised Tyrants If those therefore that Command you doe Command you to defend any member of this Common-wealth whose Servants you are of whom you receive pay you are to obey them therein But on the contrary if they command you to kill or guard the illegall execution of any one Member of the Common-wealth you are not to obey them therein but in stead thereof imploy your Armies against those that impose such x But who must judge when it is illegall not the Souldiers nor their Commāders nor Parl. nor any else but Lilb cum socijs illegall cruell and bloody Commands upon you What his former practises were as to divide the Army by causing divisions among the Souldiery we have already shewed the continuance of which most dangerous design we see here he hath brought over with him By guarding illegall executions we know what he means by his writings elswhere namely when any one is brought forth to be punished for his misdemeanours specially if it be for making Insurrections in the Common-wealth to countenance and encourage such a person in his evill and sin and casting off all just Commands to imploy their Armes as y Here he tels us what it is to stand for Liberty viz. to rise for Malefactors and not to suffer the Law or Iustice to passe against them be their crimes and offences never so many or great If hee and his party say it is illegall ipse dixit that must stand he saith here against their Superiours When there was a debate between Caesar's and Pompey's Souldiers of some agreement Libienus cries out Why talke yee saith he of such a thing Nisi Caesaris capite delato Vnlesse Caesars head be off there will be no peace By this passage we may see how improbable it is that the Army will be free from distempers so long as this man can have any influence among them It being his continuall endeavour to leave no way untried whereby to occasion some disturbance or other As if he had vowed or taken an Oath as a His Father made him swear at 12 years old never to bee reconcil'd to Rome Haniball did when he was but twelve years old not to be reconciled to the State nor cease to seek the ruine of it whilst he lives Besides the former he hath also dispersed another printed Paper called b A horse that is often spur'd in one place is therby made dull and lazy his Pleas are still one and the same viz. a kicking his Iurie in the side with their absolute power as to be Judges of the Fact the Keepers of the Libertie that neither Parliament nor Act are lawfull And thus spurring thē still in one place he knows how to make jades of them A Plea at large for John Lilburn Gent. now in Newgate In p. 16. it is asserted as followeth That by the Tax of 120000 l. per month Arbitrarily laid by the Generall and Officers June 19. 1653. upon the free people of England all their

Demetrius 8 persons who had conspird his death he made it matter of admiration that so many could agree together in a design so cruel bloody It is in truth a wonderfull shing that there should be found in this City 12 Jury-men so voyd of conscience and the feare of God as to agree together in a thing so evill and nought as Heathens wou'd scorne to have done denieth that they did or that they met at all since the night of the Tryall untill they met at the Councell The persons following were Examined the 29 of August 1653. in the morning THomas Smith of Cornhill Haberdasher of Small Wares he saith he was of Iohn Lilburns Iury and found him not guilty but y But whether the State may not refuse to rest satisfied in such an Answer that 's the Question we shall leave this to Time refuseth to Answer to any other Questions saying he was call'd to serve his Countrey in this particular and that he had done it a He might have said rather according to his Ignorance for had he done the thing w th understanding he would not have been either afraid or asham'd to have given the Councell a reason of his action according to the best of his understanding acknowledgeth the meeting of the Iury at the VVindmill Taverne yesterday morning GIlbert Gayne of Dunstans in the west Grocer he saith he was one of Iohn Lilburns Iury and found him not guilty And he being askt what the issue was he acknowledgeth that he was Indicted for Fellony for coming into England but saith the Iury did find as they did because they b So did Lambert Simenel take upō him to be Edward Earl of Warwick Son Heir to the Duke of Clarence but he was a counterfeit for taking upon him that which he was not had his just punishment in the end tooke themselves to be Iudges of the Law as well as of the Fact and that although the Court did declare they were Iudges of the Fact onely yet the Iury were otherwise perswaded from what they heard out of the c These Law-Books will appear to be onely the wind which came from Lilburn which blew their heads too fro like weather-cocks Law-Books He confesseth he himselfe did at first differ from the rest of the Jury but was convinc't by their Reasons he confesseth the meeting of the Jury GRiffeth Owen of Bishopsgate ward Brewer he acknowledgeth he was of Liev Col Iohn Lilburns Iury and that they found him not guilty because he was d Howsoever they agreed to give no reason of their action to the Councel yet on the contrary so much is spoken by them as doth make it evident they were of Tomlins mind that is right or wrong resolv'd to quit the Prisoner not satisfied that the Prisoner was the John Lilburn mentioned in the Act and that he had never seene John Lilburn before that day nor was he sollicited in his behalfe by any person He acknowledgeth the Jury met yesterday morning at the VVindmill Taverne but made no agreement what Answer to make the Councel The Vnrighteousnesse of this Vnreasonable Jury is so fully discovered by themselves as there is no need of adding any thing thereunto It is reported of the waters of Nilus that having run many hundred miles a pure and clear water when it comes neer the Mediterranean Sea it begins to grow brackish and salt and at last it falls into the Sea and looseth its name We read of many just and honest Juries in the dayes of our fore-fathers Some hundred yeares agoe Jury-men made Conscience of what they did and fear'd an Oath Now that the same is changed and the water become bitter and corrupt what may this presage If we may freely here deliver our opinion thus we think The way of proceeding by twelve men in the Tryall of Malefactors is neer an end and shortly to be swallowed up by the Supream Authority of the Nation So as neither the name nor thing shall be any more in the Common-wealth of England FINIS