THE LYAR CONFOUNDED OR A Briefe Refutation of John Lilburnes miserably-mistated-miserably-mistated-Case mistaken-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 over-credulous 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 Lincolns Inne Esquire John 8. 44. Yee are of your Father the Devill and the lusts of your Father will yee do he was a murderer from the beginning and abode not in the truth because there is NO TRVTH IN HIM when he speaketh a Lye he speaketh of his owne for he is a LYAR and the FATHER OF IT Eph. 4. 25. Wherefore puting away Lying speake every man TRVTH to his Neighbour for wee are members one of another Prov. 12. 19. The lip of truth shall be established for ever but a LYING TONGVE is but for a moment LONDON Printed by John Macock for Michael Spark senior 1645. TO The Honourable William Lenthall Esquire Speaker of the Honourable House of COMMONS and Master of the ROLES Sir I Here present you with a Briefe Relation and Refutation of John Lilburnes Notorious Lyes and forged Calumnies against the Parliament and whole House of Commons in Generall the Committee of Examination Your selfe some other Members of both Houses your Brother Sir John Lenthall and My selfe in speciall Whereby the whole Kingdome may discerne his and his confederates Impudent Falsities Forgeries Lyes groundlesse Slanders and Your Vntainted Innocencies triumphing gloriously over them The truth of his Case misreported by him rightly stated the Legality of Your Proceedings against commitment of him demonstrated his mistaken Law refuted and the seeds of Mutiny of Sedition sowen among the Ignorant Vulgar in his seditious Printed Papers scattered abroad by one Leaner and others among the Kentish Malignants and the Male-contents in other parts extirpated to prevent all Popular Insurrections against the Parliaments Soveraign Authority Your speciall Interest in the Subject matter of this Relation hath among other motives induced me to select You for its Patron in the Dedication to whose Protection I commend it and Your selfe to Gods desiring really to expresse my selfe upon all just Occasions Your most Affectionate Friend to serve You William Prynne To the Jmpartiall Reader Christian Reader IT is S. James his Observation c. 3. 5. Behold how great a matter a litle fire kindleth And the tongue is a fire a world of iniquity and setteth on fire the course of nature and is seton fire of hell which I may truely apply to John Lilburns tongue and much more to his pen imployed only in compiling Libellous Letters and Papers Behold how great combustions and tumults have they kindled among the Ignorant Vulgar who adore him as the onely Oracle of Truth when as he is a meere Legend of Lyes Had not his Papers kindled a publike dangerous flame dis-affected divers of his Seditious Faction and set their tongues nay hearts against the Parliament against whom they are brewing mischiefe in sundry private Conventicles and ripening publike Mutinies I had sate still in silence and onely answered this Rayler as the Arch-Angell Michael did the Devil when he strove with him about the body of Moyses Jude 9. The Lord rebuke thee or have spread his Letter onely in private before the Lord as Hezekiah spread Sennacharibs blasphemous Letter 2 Kings 19. 14 15 16. saying Lord bow downe thine eare and heare open Lord thine eyes and see heare the words of this Senacharib Lilburne which hath sent to reproach the Living God and the highest powers under him But the flame being now grown to such an height as endangers the firing of our whole State into a publike combustion I could doe no lesse then contribute my best endeavours after so long a silence and bring one bucket or two of water towards the extinguishing of his Prodigious firebrands which were certanely set on fire of hell which breathes forth in his seditious Papers fit for no other use then to make publike bonefires in the streets I shall desire the unprejudiced Reader whoever he be to read this short Relation and Refutation with an impartiall eye and then I dare say he will soone resolve There was never such an execrable Libell and Legion of Lyes published against the Parliaments the Committees Just proceedings and other well-deserving Members Persons Integrities as this of Lilburnes Letters who if we may lawfully judge of the Tree by the fruits is in Simon Magus his condition even drenched in The very gall of bitternesse and fettered in the bond of iniquity and he will more admire and perchance blame the Parliament for their overmuch Clemency and Mildnesse in proceeding with so much Patience and Moderation against such an obstinate Delinquent then he or any of his Confederates do or can maliciously exclaime against them for their pretended overmuch Oppression Tyranny and Injustice of which there is not the least shadow appearing in any of their proceedings So submitting all to thy censure and Gods blessing I shall cease to trouble thee with any further Prologue A Briefe Relation and Refutation of John Lilburnes notorious Lyes and Calumnies against the PARLJAMENT and others OF all the most Glorious Attributes of God in Scripture there is none more eminent then this a Deut. 32. 4. Psal 31. 5. Esay 65. 16. That he is a God of TRVTH in the affirmative A b Tit. 1. 2. God that CANNOT LYE yea that it is c Heb. 6. 18. Impossible for him to Lye in the Negative And of all the disgracefull Titles given to the Devill himselfe in Sacred Writ there is none more infamous then this d John 8. 44. That he is a LYAR and the Father of Lyes and aboade not in the TRVTH Whence it necessarily follows That of all persons in the world none are more desperately wicked and unlike to God or more Diabolically impious and like to the very Devill himselfe then LYARS and of all Lyars those especially who most maliciously forge and then scandalously Register Print and Publish to all the world most notorious Lyes and Untruths of others who least of all deserve such Devillish usage at their hands Hence it was that our Saviour told the Lying Jewes e John 8. 44. Ye are of your Father the Devill and the lusts of your father will ye do and that Peter used this expression to Ananias when he told but a kinde of officious not a meer malitious slanderous Lye f Acts 5. 3. Why hath SATAN FILLED THY HEART TO LYE to the Holy Ghost Intimating that Lyars hearts are filled up to the brim with Satan their Ghostly Father and that they have not the least dram of Gods Holy Spirit in them which is ever stiled g John 14.
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 mischiâ—fe might come to all the Realm and quick subvertion and dâ—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 â—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 Oâ—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
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 Priâ—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 thâ—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
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 exâ—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 viâ—â—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
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 tiâ— 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 mâ—â—y members of both Houses in formâ—â— 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
indulged so much liberty to any other in the like case onely they added this command then entred in their Booke of Examinations He was commanded to be carefull to publish nothing Hereupon being dismissed for the present he Penned an Answer full of Invectives against the Parliament the Iudges and Iustices Legall proceedings against seditious Sectaries seconded with many false relations of unheard off cruelties towards them to render the Parliament odious to his Faction calumniates and railes afresh against me as an enemy to Gods people a Seditious Fire-brand one deserving to be hanged c. which answer he no sooner delivered in to the Committee but the very same or the next day after he published it in Print without any Licence contrary to the Committees expresse Command and the Priviledges and Orders of Parliament and to shew his further contempt of Authority caused this very Letter for which he was questioned to be re-printed About which time the Scurrilous Libels entituled The Araignement of Persecution and A Sacred Synodicall Decretall were published Printed with the selfe same Letter and Presse as his Letter and Answere were and some of them seised together with his Letters by the Stationers Who acquainting the Committee of Examinations therewith according to the former Order of the House thereupon the Committee for these insufferable insolencies and contempts of his on the 18. of June ordered that Lilburne should be sent for in custody touching the Printing of his Letter and other Scandalous Bookes in which number was his Answer to nine Arguments Printed at an unlicensed Presse Anno 1645. with his Picture and Verses before it wherein he intollerably railes against our Church Ministers Worship Goverâ—ent as Antichristian and Diabolicall to be utterly abhorred renounced by all Gods people Upon this the Messenger only summoned him to appeare before the Committee but did not at all attach or imprison him After that another seditious Libell intituled Martyns Eccho Printed with the selfe same Letter and Presse that Lilburnes Letters and Pamphelts were being published and having some of his very Expressions and Phrases scatterd in it Lilburne upon the Stationers Information who were checked for suffering these Libels to be Printed which they said they could not remedy unlesse some were exemplarily punished was againe Ordered to be sent for in custody by the said Committee whereupon the Messenger took detained him in his house but for one nights space where he used him very courteously and tooke not one farthing of him And notwithstanding his publishing of so many Libellous Pamphlets contrary to expresse Ordinances of both Houses which inflict not onely Imprisonment but other Censures too upon such delinquents and his refusall to discover the Printers of those Books the Committee of Examinations were so exceeding indulgent to him thinking to reclaime his incorrigible obstinacie by lenity that they permitted him to goe at large attending them only when he should be sent for without putting in any Bayle On the 19.th of July following Lilburne walking in the Court of Requests with one Hawkins and others reported to them without any reall ground at all but bare reports heare-sayes from persons of meane condition That there were strange things discovered against many Members of the House of Commons and went as high as the Speaker against whom it would be proved that he had with his owne hand sent three score thousand pounds to the King at Oxford and that many Members had made their Peace and done strange things amongst whom Sir Robert Harloe was one Of which seditious and scandalous Speeches the House being informed by Colonel King Dr. Bastwicke and other Witnesses of good credit and having no time to examine the businesse having sate all that day till past six of the clocke made this ensuing Vote Die Sabbati 19. Julij 1645. Resolved upon the Question by the Commons assembled in Parliament that Lievtenant Colonel Lilburne be forth with taken into Custody by the Serjeant at Armes attending this House and so kept till the House take further Order To the Serjeant at Armes attending on this House or to his Deputy c. H. Elsing Cler. Parl. D. Com. By vertue of this Warrant and upon this occasion onely he was apprehended by the Serjeant of the House and kept in Custody till the 24. of July At which time being brought to the Committee of Examinations and there examined touching this forementioned scandalous Speeches of the Speaker and others He peremptorily refused to give them any answer unlesse the Committee would first expresse the cause why he was ordered to be taken into custody when as himselse did well knwo it was for those very words against the Speaker and other Members whereupon they told him they would then examine him Using divers insolent Speeches to them and charging them with the breach of Magna Charta which he is not ashamed to relate at large in his Printed Libel to his Friend pag. 2. to 5. whereupon he was most justly and Legally committed to Custody and his contempt Ordered to bee reported to the House The very next day he compiled a most lying scandalous seditious Libell Against the Parliament Speaker some eminent Members of both Houses Sir Iohn Lentall Doctor Bastwicke and my selfe which he Intitled The Copy of a Letter from Lievtenant Colonell Iohn Lilburne to a friend The most seditious scandalous false lying Libell against the Parliament Committe of Examinations and Members of both Houses that ever yet was penned farre worse then any Oxford Aulicus and tending only to stirre up the People to rise up against the Parliament to resist their power Proceedings alienate their affections from them This after his old manner he sent to a private Unlicensed Presse alwaies ready at his command where being speedily Printed he despersed the printed Copies thereof every where by his Agents among his Friends and Confederates who vented them under-hand for money One of the Printed Copies whereof being brought into the House and there read the House unanimously passed this Vote Die Sabbati 9. August 1645. Ordered by the Commons assembled in Parliament That the consideration for finding out the Author of this Booke be referred to the Committee of Examinations and that in case it appeares to be Lilbournes Booke they shall have power to commit him to what Prison they please Hereupon the Committee of Examinations sent for Lilburne this very day in the afternoone to examine him concerning the writing and printing of this Letter but he most obstinatly in a peremptory and contemtuous manner refused to be examined or give any answer to the questions demanded of him concerning the writing or publishing therof whereupon he was committed to Newgate by this ensuing Warrant expressing the cause of his commitment thither according to the Petition of Right and Magna Charta the effect whereof is thus entred in the Keepers Book of Newgate Gibb Chambers Vic August 1645. Lievtenant Collonel Lilburne committed by Laur. Whittaker Esquire
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