Selected quad for the lemma: justice_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
justice_n	according_a	court_n	law_n	2,915	5	4.6268	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A91211	The lyar confounded, or A briefe refutation of John Lilburnes miserably-mistated-case, mistaken-law; seditious calumnies, and most malicious lyes against the High Court of Parliament, the Honourable Committee of Examinations, Mr Speaker, with other members of the Commons House; and Mr William Prynne; wherewith he hath seduced many ignorant overcredulous people. Manifesting the Parliaments extraordinary clemency towards him, their justice in their commitment of, and proceedings against him; for which he so ingratefully and falsely taxeth them, with tyranny and injustice / By William Prynne of Lincolnes Inne, Esquire.	Prynne, William, 1600-1669.	1645 (1645)	Wing P4002; Thomason E267_1; ESTC R212413	54,867	55

and to the just practise that was used by the very Heathen Romans O brave times and brave justice To which he adds this imprecation to heaven against them Heare ô Heavens and give eare ô earth and thou righteous judge that lovest justice and judgement put forth thy hand and do justice thy selfe upon these unjust and unrighteous Judges of this age whom the people have set up for their good namely to preserve their lives Libertyes and Estates as their faithfull Stewards and yet destroy what they would seeme to maintaine with other passages as bad or worse By the Statutes of Westminster 1. made 3. Ed. 1. c. 33. 2. R. 2. c. 5. 12. R. 2. c. 11 1. and 2. Phil. Mary c. 3. and 1. Eliz. c. 7. It is enacted and straitly defended upon grievous paine that from thenceforth none should be so hardy to contrive speake or tell any false newes lyes or other such false things or publish any false Newes Lyes or Tales or Prelates Dukes Earles Barons Nobles or Great men of the Realme whereby debates discords or slanders may arise betweene the King and his people or the Lords Nobles and commons whereof great perill and mischi●fe might come to all the Realm and quick subvertion and d●struction of the Note said Realme if remedy were not provided And that he that shall offend herein shal be kept in prison untill he hath brought him forth in Court that did first speake and report the same and if he cannot bring him forth that then he should be grievously punished according to the nature of the ●ffence by the Councell And all Justices of Peace within every shire Citty and Towne Corporate are inabled to heare examine and determine the said causes and enjoyned to put these Lawes in due execution that from henceforth condigne punishment be not deferred from such offenders And by vertue of these Acts and of the very Common Law it selfe many persons for libellous false speeches Newes Reports and writings not only against Noblemen Iudges great Officers and other persons of honour but even of private persons have constantly in all ages been indicted in the Kings Bench before the Iudges and proceeded against in the Star-chamber for raising or spreading false News Lyes Libels Rumours and been imprisoned fined adjudged to the pillory to weare papers on their heads lose their eares undergoe other corporall punishments and bound with good sureties to the good behaviour as you may read in Sir Edward Cooks Commentary or Institutes on Magna Charta 3 E. 1. c. 33. His 3. Institutes c. 76. f. 174. His 4 Institutes cap. 5. 7. 5. Rep. pars 2. f. 129. 125. 9. Rep. f. 59. Cromptons Iurisdiction of Courts Tit. Starchamber and Banke le Roy 43 Ass 38. and Parson Harrisons case in the Kings Bench for defaming Iudge Hutton being a late memorable president of Iustice in this nature which every man approved This being the knowne received Common and Statute Law of the Realm agreeable to Magna Charta and the Petition of Right which protect no mans liberty person or estate against the due proccedings and punishments of Law when he turnes a Libeller Malefactor Felon Traytor or Delinquent against the Law for then every Theefe Murderer Felon in Newgate might plead it as well as Iohn Lilburn against their imprisonments and judgements The first question will be Whether the Committee of Examinations and House of Commons being really and truly informed of all the forementioned seditious Papers Libels Lies and false Reports published and printed by Lilburn against the Iurisdiction Ordinances Proceedings of the Parliament their Committees Members the Synod and others might not justly summon him to appeare before them being authorized and commanded by a speciall Order of the House to do it without any infringement of Magna Charta and the Petition of Right Certainly this being the truth of the question there is no man that knows what belongs to Law or justice but will acknowledge it since there is nothing so common in daily practice or experience as for the Lord Mayor and Aldermen of London the Mayor Iustices and chiefe Officers in every City or Corporacion the Iustices of Peace in every County the Judges and Stewards in every Court of Iustice the severall Committees and all Subcommittees of Parliament upon informations and complaints of any wrong or injury within their severall Iurisdictions to send out generall warrants writs or summons to the parties complained of to appeare before them to answer such things or misdemeanors as shall be objected against them And in the Army it selfe Iohn Lilburne cannot but know it is an ordinary course for the Generall or Councell of war or any chief Officer of the Army to send the Provost Marshall or other under Officers to summon any souldier under their Command to appeare before them upon complaints without sending them notice first what their accusation is or who their accuser and Iohn Lilburne himselfe as I am credibly informed hath without any Commission done more then this amounts to in Lincolnshire whiles he had there some petty Command And shall not a Committee of Parliament then have as much authority to summon John Lilburne to appeare before them upon a just complaint and speciall Order of the House without a grand infringement of Magna Charta the Petition of Right and such an out-cry as you have heard in print when as any Iustice of Peace or petty Officer may doe as much and more in the like case and every Souldier or Officer at any Court of Guard in any the Parliaments Garrisons Heare O Heavens and hearken O Earth what mad Non-sense new Law and Doctrine this Ignoramus hath published How many thousands have this Committee and other Committees and Sub-Committees of Parliament summoned to appeare before them many of them in custody since the Parliament begun and yet not one of them though the veriest malignant Royalist or Anti-parliamentarian breathing did ever pretend or alleage that this was an infringement of Magna Charta or invasion of the Subjects Liberties And all that have read any Parliament Iournalls in either House know that in all O●ders which appoint Committees or Sub-Committees to examine any businesse this clause is added And this Committee hath power to send for Parties Witnesses Records c. which they pursue accordingly and have done so in all ages Further take notice First that in matters which concerne the State or Republike meerly there needs no particular Informer or Relator but the Iudges and Officers of State ought ex officio to informe and prosecute all publike Delinquents Secondly that Iohn Lilburne certainly was the first of any I ever met with that preached or at least printed such Apocryphall Nonsense Law for which he produceth no Authority but his owne Ignorance And if the summoning of men to appeare either in Courts of Iustice or before Magistrates and Iustices of Peace should be against Magna Charta certainly there could never bee any

Law or Iustice executed the summons being ever the first proces and meanes to bring men to appeare before the Officers of Iustice who are to examine their misdemeanors complained of and so to informe them of them when they appeare and if men should know their particular accusers or accusations before their summons it would be a meanes First to make the Delinquents fly or hide away to avoyd the hand of Iustice if they could possibly make escapes Secondly to corrupt the Informers and witnesses that should prosecute to smother or ex●enuate theeir crimes Thirdly to furnish the Delinquent with premeditated answers and evasions and so introduce a totall subversion or pervertion of Iustice All which inconveniences a generall summons which the Lawes provide and allow of prevents In few words a summons to appeare without an actuall attachment of the person summoned is no imprisonment no outing of any man of his freehold lands goods franchises no sentence passed against him Therefore clearely no proceedings at all within the words or intent of Magna Charta or the Petition of Right as this New Lawyer out of his deep ignorance hath most magisterially resolved being one of those unintelligent Lawyers that St Paul speaks of 1 Tim. 1. 17. Desiring to be Teachers of the Law understanding neither what they say nor what they affirme These Premises make way for proofe of the second Conclusion to wit That the Committees sending for Lilburne in custody upon new information of the Stationers against him for printing his libellous Answer given in to them contrary to their expresse Order with scandalous marginall Notes and other schismaticall seditious Papers contrary to Law and severall Ordinances of Parliament is agreeable to Magna Charta and the Petition of Right not any wayes repugnant to them For the clearing whereof to the very meanest capacy we must distinguish between a warrant to apprehend a man in nature of a processe or attachment and the commitment of a man to a prison goale or Messenger upon his examination after an apprehension or attachment In the first of these a generall warrant made to a Sheriffe Constable Messenger or any other inferiour Officer upon a precedent particular information or vehement suspition is and ever was reputed just legall without expressing the name of the Accuser or particulars of the Accusation in the warrant For example If an information be given in to the Lord Maior of London or to the Chiefe Iustice of England or any Iustice of Peace that any particular person hath committed or is suspected to be guilty of such a Murther Robbery Treason Trespasse or offended any penal Law the breach whereof they have power to examine there is nothing so ordinary in daily practice and experience as to send a warrant to the Sheriffe Constable or other under Officer to apprehend and bring the party accused or suspected before them to answer such things as shal be objected against him The like is done daily in all Courts of Iustice upon complaint of Misdemeanours in and by both Houses of Parliament their Committees and Sub-Committees and hath been done of late in many thousand persons cases who neither did nor could of right so much as once complain of the breach of Magna Charta And I appeale to Iohn Lilburn or any other Officer or Souldier in our Armies whether the General Councel of warre and other Officers doe not every day almost upon complaints send for Souldiers and others in custody and apprehend them by the Marshall sometimes by a warrant in writing sometimes by a meere verball command without acquainting them before hand with the Accusers name or his particular accusation but only in generall termes to answer such things as are or shall be objected against them and did ever any Souldier yet complaine that this was tyranny injustice in their Generall the Counsell of warre their Officers or contrary to Magna Charta the Petition of Right and the Liberty of the Subject for which they fight What ground then hath this clamorous Libeller to raile against the Parliament or Committee of Examinations for sending for him in custody upon a precedent true just and vi●●ble complaint even the printing of these libellous Papers conttary to their expresse Order the priviledges of Parliament and Ordinances against unlicensed printing which inflict in this case imprisonment by this very Committee with other penalties upon such offenders Certainly none at all but only his owne seditious malignant venomous rankor against the Parliaments justice But certainly if others yet he of all men had least cause to complaine thus in this case because though the warrant was to bring him in custody yet he was not brought thither in custody as other prisoners ate but only summoned to appeare and that upon a more particular warrant then others expressing in generall termes the cause for which he was sent for and when he came he was neither committed to any prison nor forced to put in Baile nor deteined in the Messengers custody as a prisoner but remained with him one night at his free liberty as a friend and paid no fees nor any thing for his diet and lodging as the Messenger himselfe will depose And was this sending for an infringement of Magna Charta and the Lawes of the Land Certainly if it were it was only in his favour that he was not according to the Law of the Land Magna Charta and the severall Ordinances concerning printing presently committed to some Goale or other for his seditious Libels and Lies and there detained as he hath been since This case of summons and attachment by vertue of a generall warrant being cleare out of Magna Charta and the Petition of Right the sole question will be What commitment and imprisonment that is which is against Magna Charta and the Petition of Right and whether Lilburnes was such a commitment This will best appeare by the very Petition of Right it selfe and the originall case and votes in Parliament which were the grounds and occasion of this Petition The case was only this Divers eminent Gentlemen of the Kingdome in the third yeare of King Charles were sent for by Pursevants before the Lords of the Councell for refusing the loane of moneyes then set on foot contrary to divers Statutes and by them committed to severall prisons sundry monthes without expressing any cause of their commitment in the warrant And when for their deliverances they brought their Habeas corpus in the Kings Bench the Iaylors certified no cause of their deliverance or commitment but only the Kings speciall Command signified by the Lords of his privy Councell yet the Iudges would not bayle but remaunded them to prison Hereupon in the next Parliament complaint was made that this imprisonment and detaining of them in prison only upon the Kings bare Command without any other cause expressed was against Magna Charta and other Statutes and the Iudges remanding of them to prison upon such a generall

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

and put themselves upon the trial of the Country the law of the Land deemes it such an high contempt against justice that presently without further triall or evidence of their guiltinesse they are for this their obstinacy and contumacy * See Brookes Abridgment ti● Paine and Penance adjudged to be prest to death in the most painful manner far worse then any hanging because their contempt in not answering is in Law a greater offence then that for which they stand indited as obstinacy in any sinne is worse then the sinne it selfe And in case they answer not guilty and so come unto their legall triall the Iudge Iustices and Iury somtimes doc usually strictly examine and interrogate them again as well as the witnesses touching the particular Treasons and Felonies whereof they stand indited and oft times when witnesses fayl or prove short finde them guilty and hang them by their own examinations and confessions at the Barre or at their apprehension If then Iudges and Iustices may proceed thus to examine Traytors and Felons themselves in their own cases in capital crimes which concern their very lives and estates without violating Magna Charta or any other Law may not the House of Commons then much more appoint the Committee of Examinations to interrogate Lilburn concerning his * See p. 6 7 8. forementioned speeches and Letter without any infringement of Magna Charta or the Subjects Liberty which protect no man against such legall examinations There was never any Traytor or other grand Delinquent to my knowledge committed by the Parliament Privy Councell or others to the Tower or any other prison but was once at least if not twice or thrice examined concerning the Treasons and offences for which they stood committed How m●●y members of both Houses in form●● Parliaments and in this especially which hath stood most of any for the Subjects Liberties and Priviledges of Parliament have beene thus examined in their own cases yet never any of them at any time refused to be examined or ever esteemed it a breach of Magna Charta or a thing against the Subjects Liberty I dare say the Committee of Examinations have examined above five thousand persons of all sorts sexes degrees before them in cases which concern themselves and yet never met with any that refused to be examined or that pleaded Magna Charta against it till Lawlesse John Lilburn or some of his Disciples came to be examined before them who when he was sent for before this very Committee about his first printed Letter to my selfe had not learned so much Law as he hath gained since for he then submitted to an examination wherein he confessed both the writing and printing of that Letter and for this his conformity was not then committed but suffered to goe at large till the matter should bee reported to the House Not to spend more time or cite presidents in so plaine a case the two grand Irish Rebels Mac-Guire and Mac-Mohon were upon their apprehensions in Ireland examined touching that late horrid Treason and Rebellion there of which they were chiefe contrivers and being sent for over hither by the Parliament were severall times examined by Order of the Houses both by the Chiefe-Iustice and others and by their own examinations thus taken being the principall evidence against them condemned and executed at Tyburn according to their just demerits never pleading nor pretending that their examinations the proceedings against them were against Magna Charta If Io. Lilburn then and all others cannot but subscribe to all the premises he must then recant his false mistaken Law in this particular as well as in the former This poore Ignoramus hath nothing to object against this but that to be examined upon Interrogatories concerning our selves as we were in the Starchamber and High-Commission is against the Law of Nature and that which caused this Parliament to suppresse those Courts and to vote his own sentence there illegall unjust arbitrary against the subjects Liberty and yet now they walk in the very same steps and build up that again which by that Vote they formerly destroyed So he dogmatizeth in page 15 of his Letter Take then an answer to it in few words 1 It is neither against the Law of Nature nor of the Land nor Magna Charta nor the Petition of Right for a man to be examined against himself upon interrogatories as all the premises sufficiently manifest no not in cases of Treason Felony nor in any other case nor yet against the Law of God for then Ioshua had never thus examined Achan in a case where his confession cost him his life Iosh 7. 14. 15. 19 to 26. nor Peter Ananias and Saphyra wherein their Lie lost their lives Acts 5. 1. to 11. Indeed in capitall and some other meere criminall causes a man by our Lawes ought not to be examined upon his oath against himselfe nor yet in case of Illegall Loanes the only thing complained of and provided against by the Petition of Right but without oath men are and may be thus examined against themselves by the rules and constant practise of our Law and in some criminall causes upon oath to 2 The examination of men upon their oathes in Starchamber was held lawfull and used there above an hundred yeares without dispute neither did this Parliament ever judge such examinations against Law or pull down that Court for them nor yet in your own case so vote or adjudge But that which they voted against and that for which they suppressed this Court was the bloodinesse and exorbitancy of their Censures Fines for small or no offences for making that criminall which was legall that a great offence which was neither a fault nor crime and making that Court as an Engine to undermine all our Lawes and Liberties by degrees and bringing those into it as Sheriffs Iustices and others who refused to levy or pay Ship-money or opposed any Oppressions Monopolies unlawfull Taxes Projects Impositions Innovations or Arbitrary proceedings in State or Church or maintained the just Rights Lawes and Liberties of the Subjects against them And the High Commission was voted down on the like grounds but not principally for the Oath ex Officio which was condemned in them not so much because it was unlawfull for any man to accuse himselfe or be examined in his own cause with or without an oath for then the Chancery Exchequer and Court of Wards where men are to answer and are examined upon oath against themselves should have been suppressed as well as it but upon two other reasons 1. Because men were there forced to take this Oath before sight of their Articles and so sworn to answer criminally to what they knew not when they took the Oath so as they could not sweare in judgement 2. Because the High-Commissioners had no power given them by the Statute of 1 Eliz. c. 1. or any other Law to administer any such Oath 3 Sundry Acts of

Parliament have prescribed Oathes to be given to men in their own cases in sundry particulars as the Statutes in the * 5 R. 2. c. 13. 8 H. 6. c. 7. 14. H. 8. c. 5. 3 Iac. c. 4. 5. 1 Iac. c. 15. 21 Iac. c. 19. Margin will inform you Therfore they are not simply against Law but yet the Committee of Examinations examined not Lilburne upon Oath against himselfe and they had a speciall Order from the House to examine him without Oath which they might justly do daily practise in case of Delinquency in other mens cases therfore his insolent contemptuous refusall to be thus examined by them was a most high insufferable contumacy against the Committee Parliament their Power and Priviledges for which he was most justly committed See p. 7. 8. to Newgate as the House hath unanimously voted and that according to the rules of Law Magna Charta and the Petition of Right the particular causes of his imprisonment being expressed in the forcited warrant by which he was committed to Newgate By all which it is most evident that both the Committees and Parliaments proceedings against this obstinate Libeller and Lyar have beene in every circumstance and punctilio agreeable to the constant practice rules proceedings of Law and Iustice yea warranted by Magna Charta and the Petition of Right and no wayes repugnant to them in any particular whatsoever Therefore Lilburnes seditious railing Invectives against them both in his printed Libels and his ordinary Discourses with the late most seditious printed Paper entituled A Copy of a Letter from an Vtter Barrister to his speciall Friend concerning Lievtenant Colonell Lilburnes imprisonment declaiming against his commitment as illegall and advising him to appeale to the People for right against the Parliament concerning his restraint as to the supream Power c. are but meer malicious scandalous Libels and Firebrands of sedition to excite the ignorant vulgar and Separatists of his Faction against the Parliament and promote some Anabaptists long agitated and late detected Conspiracy to root out the Members of this Parliament by degrees beginning with Mr Speaker whom if they could cut off all the rest would easily follow and if this succeeded not then to suppresse and cut off this Parliament by force of Arms and set up a new Parliament of their own choyce and Faction to which Conspiracy all Lilburnes mutinous Papers the Arraignment of Persecution A sacred Synodall Decretall Martins Eccho with other seditious Pamphlets mentioned in my Fresh Discovery of new prodigious lights and Firebrands and two new printed Pamphlets since the one entituled Englands misery and remedy in a Iudicious Letter from an Vtter Barrister to his speciall Friend concerning Lievetenant Colonell Lilburnes imprisonment in Newgate and another Paper begining thus In the 115 page c. were but so many preparatives and incentives to prepare the people to joyne with and assist them in this damnable Traytorly Plot. Having thus farre vindicated the Parliaments and Committees Iustice and legality in their proceedings against Lilburnes Notorious Calumnies Lyes and mistaken law I should in the next place have vindicated Mr Speaker with the rest of the Members of the Commons House from those groundlesse lyes and slanders he reported of them for which he was first apprehended by Vote of the House But because this matter hath been fully fifted to the bottom by the Committee of Examinations and from thence reported to the House which hath by solemne Votes acquitted Mr Speaker the other Members and Sir Iohn Lenthall from the groundlesse slanderous reports concerning them I shall only here insert the Votes and so passe it over Die Lunae 15 Septembris 1645. UPon Mr Whittacres Report of the whole state of the Proceedings before the Committee of Examinations concerning Mr Speaker and Sir Iohn Lenthall it is Resolved c. That the House doth agree with the Committee that there is no colour of proofe appearing of Mr Speakers sending of 60000. l. or any summe of money to Oxford or consenting thereunto Resolved c. That this House doth agree with the Committee that there is no colour of proofe appearing of Mr Speaker or any Member of the House holding any correspondency with Oxford Resolved c. That this House doth agree with the Committee that it was a breach of Priviledge of Parliament in the Committees of Surry and Salters Hall to enter upon any examination touching Mr Speaker or any Member of this House Resolved c. That there is not any colour of proofe of 60000. l. or any money at all sent by Sir Iohn Lenthall to Oxford or that he was privy to any money sent or received to that purpose Resolved c. That there is not any proofe against Sir Iohn Lenthall of holding any correspondency with Oxford by Letter Message or any other way Resolved c. That this Complaint hath beene raised and prosecuted without any ground at all falsly maliciously and scandalously Resolved c. That William Pendred Edward Ienkes and Hannah his wife Iames Freeze and Stephen Pratt have beene principall instigators and prosecutors of these proceedings and deserve severe and exemplary punishment Mr Selden Mr Grimstone Mr Recorder Mr Sandys Mr Whitlock Mr Lesse Sir Tho. Widdrington Serjeant Wylde This Committee or any three of them is appointed to consider what exemplary punishment is fit to be inflicted upon the malicious Instigators and Prosecutors of these Proceedings named in the Votes aforesaid and that they doe bring in their Report by Thursday morning next peremptorily And are to meet when and where they please Copia vera H. Elsynge Cler. Parl. D. Com. I could willingly here cast Anchor and rake no further into Lilburnes dunghill and Legend of lies pretermitting all his scurrilous Invectives and slanderous falshoods against my selfe as not worth my taking notice or any Animadversions on them but because I know the Naturall Disposition of this Libeller and his perverse Generation of seduced Disciples that they would judge me guilty of all the false Aspersions he hath cast upon me in his Libells if I should only vindicate the Parliament and its Members not my selfe and so cannot without betraying mine owne Innocency and Reputation pretermit or passe them by in silence I shall crave so much liberty and patience from the Reader as to wipe off the dirt and lying Calumnies which hee hath most injuriously cast into my face to wound and blast my credit and integrity with all of his owne Schismaticall Tribe and others to as much as in him lies though unable to effect it In his Copy of a Letter to a Friend pag. 12. he begins his railing scandalous Lyes against my selfe in stead of recanting those in his former Letter and Answer to the Committee and because I am a Lawyer he hath mustered up no lesse then a whole Iury of notorious Lyes and Slanders against me which I shall relate and answer in their order 1. The first is That Mr Prynne writ

and Maintenance 2. How they adhere or give any countenance to any of this Seditious Factious party who endea●our and aim at nothing but Anarchy and Ataxy and confusion in Church and ●tate 3. To have a vigilant jealous eye over them and their private Conven●●cles where they forge and devise Lyes Slanders and plot the overthrow or disturbance of Church and State and to proceed strictly against their Ring-seaders according to Law and Justice to preserve both from speedy ruine our connivance at them having strongly multiplyed both their Numbers and Insole●cies in all places which will prove more mischievous then any Clubmen if not speedily suppressed Secondly I shall desire all people truly fearing God to consider seriously of Iohn Lilburns confident insolent unchristian carriage and ingratitude towards the Parliament his Raisers and best Benefactors and those many Lyes Forgeries and Falshoods he hath most Libellously and Seditiously published even in print against them without the least shadow of truth And to beware how they give him the least countenance incouragement in these sinfull and ungodly courses for fear they participate both of his sins and punishments And if at any time they resort unto him to charge those sins of his effectually and impartially like two Christian friends upon his conscience and not to sooth him in them that to he may become sensible and ashamed of them and make a publike reall confession and Recantation of them answerable to the publike Scandall they have given And if he continue obstinate and impenitent for ever to renounce his company as an incorrigible desperate Delinquent whose heart is hardned to his own destruction Thirdly to beware how they take up Lilburns mistakes upon trust for currant Law or Divinity since he hath so far overshot and mistaken himself in both and never to adventure upon any Designe against the Parliament State or Church which may hazzard either their Lives Liberties Estates or Credits upon the idle Dreams and Dotages of ignorant Mechanick Lawyers or Divines who understand neither Law nor Gospel though they deem themselves learneder and wiser then either the Parliament Assembly or all the Lawyers in the Realm as Iohn Lilburn clearly doth Finally I shall desire Iohn Lilburn out of my ancient and present Christian respects towards him and all who truly love him to make a right use and interpretation of this Relation and Refutation of his grosse Lyes Slanders and mistaken Law and my sharp Expressions in some places which are but answerable and scarce equivalent to his offences which can neither be expressed censured or refuted but by Expressions suitable to their Exorbitances The friendliest Christian office I could do him considering his former obstinacy and impenitency is to discover his Errors and Offences to him and the world the better to bring him to a sight and feeling of and godly sorrow for them It is Gods own precept Levit. 1917. Thou shalt in any wise rebuke thy neighbour or Brother and not suffer sin upon him And we are commanded to rebuke Lyars sharply that they may be found in the Faith Tit. 1. 12 13. Yea Salomon informs us Prov. 27. 5 6. Open rebuke is better then secret love in some cases for faithfull are the wounds of a friend but the kisses of an enemy are deceitfull Adding further Prov. 24. 24 25. He that saith unto the wicked Thou art Righteous him shall the people curse Nations shall abhor him But to them that rebuke him shall be delight and a good Blessing shall come upon him Prov. 9. 2. Rebuke a wise man and he will love thee And however he may take it for the present yet Prov. 28. 23. He that rebuketh a man afterwards shall finde more favour then he that shall teach him with the tongue And therefore if God hath reserved him for Mercy not for Iudgement onely which his obstinacy and others flattery of him in his ungodly pride and presumptuous evil wayes give no cause to favour I hope this Corrosive the publike Discovery and Censure of his execrable Lyes and Slanders against the highest Powers and his best and dearest friends without just provocation which bring him to a due sight and sence of his horrible misdemeanors humble his haughty insolent spirit bend his inflexible obstinate Will and work such a thorow change of his heart and detestable malicious seditious slanderous courses to the Infamy of that Profession of Religion he outwardly seemeth to make though no sparks of it appear in his actions writings that he will henceforth learn to know himself and the Errour of his former courses and blesse God and me for dealing in this round friendly manner with him when others favour him in his sins for their own ends to the apparent hazzard of his soul and body It is the Apostles Canon in 1 Tim. 5. 20. Them that sin rebuke before all that others also may fear I am sure Lilburn hath sinned and that more then twice or thrice openly impudently obstinately with a high hand and a stout heart against God Religion the Parliament its Committees Members his dearest Christian friends and preservers yet in his wickednesse without remorse No Christian then can justly tax me for Relating openly before all that himself may repent and others fear the like transgressions or to countenance or share with him in his which is so apparently guilty I shall desire God to give him grace to repent in time ere it be too late and request both him and all his Adherents to * 2 Tim. 2. 7. consider what I have here said and writ and the Lord give them understanding in all things I will close up all with the close of St. James his Epistle generall c. 5. 19 20. Brethren if any of you do ERRE FROM THE TRVTH and can convert him let him know that he that converteth the sinner from the Error of his way shall save a soul from death and shall hide a multitude of sins If I may be so happy as to effect such a conversion in him by all the Premises I have my end and shall blesse God for it while I live so far am I from bearing any malice to his Person though I sharply lash his sins and lyes FINIS