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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

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kill the Generall 1 Because it is no more then what his own mouth hath publiquely spoken that formerly he intended to doe it p. 101 102. 2 We cannot observe in his practice and carriage beyond Sea that there was any Change in his mind or resolution concerning the murdring of his Excellency p. 102 His rage and rayling was rather more then lesse p. 103 104. 3 His owne words published when he was in the Netherlands doe amount to as much as by the witnesses is asserted in this particular p. 105 106. Reasons to believe that he intended to destroy the Parl. and Councell of State 1 Because during the time of his Banishment in the Netherlands he counted the Parl. no other then hee did before viz. Tyrants Traytors Knipperdolings c. p. 107. The Author of the historie of Independency greatly commended by him specially for some passages p. 107 108. 2 Because could such a thing be done it would content him very much and the Authors of such Treason and Murder should be reputed by him to be the true lovers of the liberties and freedoms of England p. 108 109. 3 Because as to the meanes and way asserted by the witnesses how he would destroy the Parl. Councell of State is the same which else-where he declares publiquely to the world p. 109 110 111. What Lilburn had suffered for his devices had he liv'd among the Lycians p. 111 112. His grosse hypocrisie discovered by himselfe that it was not the peoples liberty which moved him to oppose Authority but his own private gain and advantage p. 112 113 Reasons to believe that he promised the Lord Hopton and others to settle Charls Stuart King of England as he called him in his Throne in England 1 Because no man was more against the putting of the last King to death then he p. 113 114. 2 Acknowledgeth Prince Charls apparent Heire to his Fathers Crown and Throne p. 114. 3 hath perswaded the people to receive him and to joyn with him as being more justifiable before God or man yea a thousand times more justly then to joyne with the present ruling men p. 114. 4 The great familiarity which was between him and the arch Cavalliers whilst hee was resident in the Low Countries is sufficient to prove the same p. 115. How Lilburn would make the world believe that the Cavalliers suspected him to be a Spy sent over by the State to learn their Counsels p. 116. 5 That corrupt Juries and seditious people are so much for his enlargement another Argument p. 116 117. 6 As Tiberius would have Caligula to reigne that he might destroy the people so would he set up his King here to suppres honest men p. 117. Concerning Lilburns return as to the time manner and other circumstances p. 118. 1 As to the occasion of his coming over here an Argument is fram'd to prove that the reason of his return was to murder the Lord Gen Cromwell p. 118 119 2 How he seekes for a Passe no pardon p. 119. 3 A mysterie opened viz. how he had before vowed never to believe nor trust the Generall and yet petitioneth to him for his liberty p. 120. 4 How Lilburn following the ordinary practice of former Incendiaries takes the advantage of our Change in the Government of State and thus for two Reasons partly because things are then unsetled and partly because at such turnings many men are unsatisfied p. 121. 5 Severall passages are opened which hee writes in a Letter to his wife of seditious consequence p. 121 122. 6 If he have not his Passe granted him how hee will take Major Gen Harrison for his principallest and grandest Adversarie and what he hath oonceiv'd already in his braine against the Major Gen pag. 122 123. Some Observations upon it ibid. 7 With whom Lilburn dined and sup'd when hee was at Callais immediately before his coming over and his Companions with him in the passage-boat p. 124. The third Assertion Namely no man banished out of England being returned again ever offered such Insolencies and high contempt against Authority as he hath done since his coming over specially for the time ibid. 8 His great swelling words at Canterburie as that he needed no Passe was as good a man as Cromwel c. ibid. Lilburn scorns to have his mouth stopt like the Geese in their flight over Taurus p. 125. 9 No sooner is he come at London but hee sends his Agents and Papers abroad to acquaint the people where he was and how to come to him as intending to have made new Tumults presently if the people would have joyned with him p. 125. For his carriage since his coming over 1 What he hath said 2 What he hath done Vpon his Tryall at the Sessions in the Old Bailie hee spake as followes 1 That the Act whereupon he was indicted was a lye a falshood it had no Law nor Reason in it c. p. 125. The Answer to it p. 126. 2 That the Parliament could not make any Act of Parliament since the Kings head was cut off ibid. How he spake Treason but covertly p. 126 127. By the same Law they voted him to death they might vote his honest 12 Jury-men p. 127. Reasons moving his Jurie to acquit him hereupon p. 127 128. 4 How he commends the Parliament which was before the Kings head was cut off p. 128. Two things observed thereupon 1 His notable dissimulation ibid. 2 His grosse absurdity and contradiction p. 129. How the Parliament never made good Laws since Lilb had some money bestowed upon him ibid. How Lilburn speaks plain English and so makes himself a Traytor by Cokes Institutes p. 129. His Jury encouraged to quit him in hearing him to speak Treason so boldly p. 130. How slightly he speaks of all Parliaments as having no power to send for him or any other man c. ibid. His great inhumanity towards the Parliament As to take away their weapons and afterwards to beat them p. 131. His falshood answered and ignorance discovered p. 131 132 How most unworthily he abused the Court p. 132. 1 The Lord Mayor ibid. wherein 1 He lyed against knowledg and conscience 2 Grosly contradicted himselfe 3 Wherein he spake truth it was against himself p. 132 Another Reason to encourage the Jurie to quit him viz. what a stout Champion he would be for them in the great businesse when occasion should serve p. 133. 2 His rayling at the Lord Keeble as being a Part●● and having a sallarie p. 133. Magna Charta for Traitors and Fellons not for the liberty and security of honest men ibid. Why the Lord Keeble may not have 1000 l. per annum of the State to suppresse Riots and Incendiaries as Lilburn to have 1000 acres for ever to maintaine Riots and Insurrections in the Nation p. 133 134. 3 What he called Mr. Pridiaux Attorney Gen p. 134. How like herein to the Beast Duron who seeks to escape by casting forth her dung against the
is in the West c. Such an Opposite and Antagonist for all the world is Mr. Lilburn to all Formes and kinds of Government whatsoever is up established in what part of the Firmament soever the Sun of Government shines he will be sure to stand over against it in aspersing and despising the same Who was more against the King and kingly Government then he how violent was he against the House of Lords to have them down and pluckt up root and branch And c Custome and use makes those fashions which at first seemed very ugly and abominable to be accounted very good and cōmendable In likelihood the time was when this man first began to resist the higher Powers he was held seditious and dangerous but continuing thus against all Government now his practice with some men is well liked no sooner was there another Government established without King and Lords but he sets himselfe against it also and with as much outrage as before so ever since all along what change soever hath been he hath not changed specially when it crost him in carrying on his own Interest to rayle against it and to seeke the overthrow and ruine thereof At his triall the other day he openly sayd That the Parliament d Quere What Parliamēt was it that he writes against in these following words We are sure it was some Parliamēt before the Kings head was cut off Truly Sir saith he give me leave to tel you without feare or d●ead had I come or could have gotten so many to have followed me as would have enabled me with my sword in my hand to have don Justice and Execution upon those Grand treacherous fellowes and Tyrants at Westminster that have not onely tyrannized over me but the whole Nation I should have made no more scruple of conscience to have destroyed them then to have destroyed so many Weasels or Polecats Juglers discovered before the Kings head was cut off and the Members taken out were in their puritie a gallant Parliament who were tender of the Liberties and of the Freedom of the Nation and walked in the steps of their Ancestours and forefathers then were the dayes of their Virginitie and they made good and righteous Lawes c. But is this true speakes Mr. Lilburn really and as he thinkes or doth he dissemble For who was more active and forward then he in printing talking plotting against that Parliament which here he doth so flatteringly cryes up But we know why he doth it it is to ingratiate himselfe among the Royallists and Cavileers and to highten and ripen their malice against the present Power But can they believe him sic notus ulisses is not Mr. Lilburn so well knowne to them and the Antipathie between him and all formes of civil Government hat should there be a Parliament againe viz. such as there was before the Kings head was taken off of King Lords and Commons doe they thinke that he would be quiet and live peaceably under it and not seeke to destroy it by what meanes he could as he did then doth now and hath don against all e They who are out of the Temporate Z●nes cannot abide to be subject such is their savage and b●tish nature that it urgeth them to live solitarily and by themselves As his disposition and temper agrees with such people so its great pitty he is not with them authoritie and power ever since Oh that I were made Judge in the Land saith Absalom how well then should things be carried Alphonsus used to say f Si in principio mundi ipse deo adfuisset multae meliusornatusque fuisse If he had been with God in the beginning things should have been contrived in another manner then now they are Those that are ambitious and love to have preheminence are alwayes rash and heady Censurers Despise Dominion and speake evill of dignities proud boasters as what they would doe had they the power in their own hands And why is all this but to incense the g Non est concilium in vulgo non ratio non discrimen non diligentia Cic. pro planc vulgar people against the Government which is established hoping to raise up themselves by the fall thereof But 2. To shew more particularly what an enemy he is to civill Government hearken to what himselfe hath published to the world against the Parliament or Supream power of this Nation It is true his language is so base scandalous scurrilous as we are almost ashamed to expresse it For no godly man no civil man no man but Lilburn would have don it A little therefore will be enough The Parliament he saith h Legal foundamental Liberties p. 35. are a pack of dissembling juggling knaves i Hue and cry p. 31. knaves in the highest k Impeachment p. 1. a company of usurping Tyrants l Out cry p. 2. Men of bloud and bloud bounds m Legal foundament p. 74. perfidious cruell Tyrants a company of inhumane and bloudy butchers of men n Lingua quo vidis erecturam civitatem eandem rursus eversura the most perjured perfidious false faith and trust-breakers that ever liv'd in the world and ought by all rational men to be most detested of all men that breath o Legal foundam pag. 41. 68. A company of theeves murderers robbers treacherous selfe-seeking tyrannical men usurpers of the name and power of a Parliament most treacherously to doe what they list p Picture of State 2 Edit p. 14. Note that is not to be understood of the present Parliament But that before the kings head was taken off and so continuing q Plin. Paneg. Diffido occulis meis identidem interrogo an legerim an viderim I suspect my sight I question my Copie I aske of my selfe againe and againe could Mr. John Lilburn write thus Tantaene animis coelestibus irae what a man that pretends so much to honesty Law Reason Equitie Some report of a people in India which speake not but make a noise like a horse snorting or barking of dogs certainly this is neither vox dei nor vox populi it s a beastly sound but he knowes what he doth in Reviling the Rulers of the people its mirth and musick in the eares of Malignants whose r Senis lingua suavissima est se ni pue● puero mulier mulieri jucunda the speech of one old man pleaseth another old man a child contenteth a childe a woman a woman Plutar. So calumniators in reviling the State doe exceedingly content such men as maligne the same as much as they Magna inter molles concordia humours and base lusts he desires to satisfie The Indian Idolaters who sacrifice to their Zemes thrust a stick down into their throat to bring up whatsoever lies in their bowels as thinking by such filthy trash to please their idols best Never would Mr. Lilburn let such fowl-stuffe come from him
but that he knowes its a sacrifice most acceptable to such men who desire as himselfe to see the Common-wealth ruin'd But is it not better to please God then men the Scripture saith ſ Exod. 22.28 Thou shalt not revile the Judges nor curse the Ruler of thy people t Quia noveret deus sibi non defuturos in hoc crimine vindicando poena eorum arbitrio relicta est Rivet in Loc. Simler on the place hath these words There is here no punishment set down for him that should rail on the Magistrate but seeing he that railed on his Father and Mother was to dye for it much more worthy of death was he which should curse the Fathers of his Countrey We finde among the civil Lawes of Nations severe punishments appointed unto persons which should offend this way yea as the case might be little lesse then Crimen laesae majestatis As when it was don out of a seditious designe to cause tumults and Rebellion among the people by rendring the Governours odious and contemptible to them The very thing intended by Mr. Lilburn as he professedly declares himselfe Againe Neither is he contented to asperse mens persons but le ts out the venome of his mouth against the Government it selfe The Parliament he cals u Salva libert● sent to Col West a mock power sitting at Westminster x Foundamen Law p. 58. an insufferable insupportable tyrannical tyranny y Arraignmen p. 1. No Parliament at all in any sence either upon the principall of Law or Reason but z Arraignmen p. 8. a company of usurping Tyrants and destroyers of our Lawes Liberties Freedomes and properties a Picture of the Councel of State 2 Edit p. 14. 17. a tyrannicall and arbitrarie new erected robbing Government A dead stinking carkase Those Gentlemen sitting at Westminster have forfeited their trust and so the people dissolved from all obedience and subjection to them b A Declaration of the Free Commoners of England All their Votes Orders Ordinances Declarations Acts which are or hereafter they shall passe are declared and protested against as not binding to the people c Out-cry of the young men pag. 11. Againe Never will we by popular Petitions addresse our selves to the men sitting at Westminster any more nor take any notice of them then of so many Tyrants and usurpers and for the time to come hinder as much as we can all others whatsoever from subscribing or presenting any more popular Petitions to them So at his triall he spake it openly the Parliament that made the Act of his banishment was d Here the Proverbe is verefied He that hath once past the bonds of shame must be notable impudent no Parliament nor could they make an Act of Parliament since the Kings head was cut off e Hue Cry pag. 35. whose death in Law unquestionably put a period to the Parliament They have fild the Land saith he with their mockt or pretended Magistrates It was f Eugm Baron Jure consu l. 1. p. 120. a Law among the Romanes that whosoever passed not into their Citie through the gates but attempted to breake thorow the wals or to clime over they should be put to death But how much more had he deserved to die that should have broken down the wals burnt the gates and so brought in the enemie to destroy the Citie That which Mr. Lilburn hath been a long time strugling for it is to throw down the present wals strength of the Nation and to bring all things to confusion England to a heap of dust and ashes by moving the people to Rebellion and so to destroy one another in their Liberties Properties lives and all What man ever spake halfe the * Reus est laesae Majestatis qui seditionem in Remp concitat eum hostibus patrinae Religionem aut Reipub hostibus nomen dat aut aliud quid vis ad Reipub statum evertendum Moli●ur l. 1. 10. 11. hic l. 5. eod vult Alihis Dam houd vid Dam houd c. 63 Odiss aliqui per l. 21. sect 1. de cap. post l. Treason that he doth here who lived under any Civil Government that hath comparatively so abused it what State ever stood still and suffered themselves so intollerably to be reproached What infinite massacres murders robberies insurrections have been committed in Kingdomes and Common-wealths by far lesse occasion then this given to the people of this Common-wealth When Demosthenes would set forth the improvidence and incircumspection of the Athenians presented to them an innocent Foole who being smitten on the cheek layd his hand on the place where he had received the blow and being stricken on the other cheek did the like never using any of his hands to defend himselfe from further blowes Those that are in Supream Authority when they shall heare themselves publickly g In that Act declaring what offences shall be judged Treason it is thus said If any person shall maliciously or advisedly publish by writing printing or openly declaring that the said Governmēt is tyrannicall usurped or unlawfull or that the Commons in Parliament assembled are not the Supream Authoritie of this Nation that Every such offender shall be taken and judged by the Authoritie of this Parliament to be high Treason proclaimed a pack of juggling knaves butchers of men bloud-hounds their Authoritie not onely questioned but denied and said to be no Parliament but a Juncto a mock-Parliament a company of usurping Tyrants and the people loos'd and dissolv'd from yeelding any further dutie or obedience to them Just as the Popes used to doe by their Buls and Breves when they deposed Princes and discharged the Subjects of their Alleageance When they shall see such things we say before their faces and acted at noon day if h Refert bonorum exemplis puniri improbos they stand still and hold their peace what may they be accounted but like Demosthenes i Indulgentia lenitas Magistratus minimè seditionibus praebet quiadum quiscere Magistratus officia plebs videt nullisque legum coerceri repaculis animadvertit ipsa sibi rapere gubernacula quidvis audere incipit contemto Magistratu vel speimpunitatis concepta Frid Wendel Inst polit l 3. c. 2. p. 492. Innocent foole Ideots Silly-bodies or like the Gymnosophists whose manner was when they were molested with Waspes and other stinging flyes not to stirre or once offer to drive them away Although therefore such Incendiaries and firebrands may be quitted by partial and corrupt Juries men as treacherous to the State as themselves yet are the higher Powers strictly to looke after those things and to punish as the Authours of Treason so the k Agentes consentientes pari poena puniuntur Danaeus in 1 Tim. c. 5. v. 22. partakers likewise who wrapt themselves by unrighteous verdicts in the sinne and guilt of Treason Howsoever the Magistrate l Sane lentus in
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
The legall and fundamentall liberties of the people of England revived asserted and vindicated p. 4. 26. 30. 36. In all which n See Cokes Institutes the third part Cap. 1. p. 14. where Card Poole is said to be a Traytor for writing a seditious Book So the fourth part of the Institutes Cap. 26. Brooks Treason for writing of Letters Books confest by himself to be the Author there is as much Treason published as was ever by any Traytor either spoken or written against any Civill Government It is reported that in Athens the Judges were wont to sit in a dark place that so they might not see neither friend or foe that came to them for Justice We cannot say thus and speake the truth of Mr. Lilburns Jurie who were so o These never read it seems that Law which saith the highster supreamest upon earth cannot pardon or free the guilty of the punishment due to him A de Le l. Non minus impartial illegal unjust as that they walked not by any rules either of law justice or conscience For 1. Whereas the Act of Parliament had judg'd it to be Treason if any person should maliciously or advisedly publish by writing printing or otherwise openly declaring that the said Government is tyrannicall usurped or unlawfull All which most evidently hee had done Againe whereas Mr. Lilburn desired the Jury to take notice that no man was to be condemned for Treason petti Treason or any such like Crime but by the Evidence and cleare proof of two sufficient Witnesses Here now were p We know not how this Jury can quit themselves from palpable injustice unlesse they say as the Rulers of the Jews taught the Souldiers whilst they slept Lilburn was stollen away two Witnesses yea more who upon oath attested they heard him confesse that he was Author of the aforesaid Book and so consequently of the others wherein most unparalleld Treason was maliciously or advisedly written printed and published by him against the Parliament Generall and Army tending to the utter overthrow of the Common-wealth One thing more we desire the Reader to observe which shall remain upon q It is reported of a Persian King that being discontēted he might not do something which was against the Law hee was told by another that they had a custome their King might do what he would This Jury tooke some such kind of liberty finding no Law they presumed they might do what they would Record to the perpetuall dishonour and shame of that Jurie whereas in his answers to other witnesses as Newcome Tooke Lewis Skinner Dafforn c. he had many artificiall shifts as to evade the weight of their Testimonie but here he hath r Here M. Lilburn shewed himself to be one of Antonies Schollers mentioned in Tullie who wisheth men if they be troubled about a hard question to say nothing to it Cic. de Orat. l. 2. not one word to say for himselfe though a thing wherein he was most concern'd And no marvail for he saw well enough that Cokes Institutes Littleton and other Law-bookes were here against him condemned him and as a convict Traytor by Law left him to Justice 3. As for the Evidence which was brought in against him by Colonell West Lieutenant of the Tower it was so full and home that had not his twelve men resolved perfas pernef●s right or wrong to have waved the principles of Reason Law and Justice they must of necessity here have found him guilty The ſ Note that in giving this title to his Pamphlet his meaning seemed to be thus that he would accuse and lay aspersions upon men behind their backs if he should be cal'd to prove what he said or written then he would not own it nor answer to it a true character of a back biter Salva Libertate as he cal'd it was delivered to the Lieutenant by Lilburn himself the Original written with his own hand to which he had himself set his name was produced in open Court. In which paper he saith The present Government is usurped unlawfull tyrannicall a mock-power a company of Theeves Robbers Tyrants men of blood destroyers of all Lawes Liberties c. That this was Treason by Act of Parliament is without dispute But now for his Answer 1. I will t If you will not look upon what you have done yet looke upon what a Heathen saith Dij odere omne nefas animo moventes Hor. l. 3 Od. 4. God hates with just displeasure such as strive in cankered hearts black mischief to contrive looke saith he upon none of your papers I am too old with such simple u It seemes he is no tame bird but ut noctuae aves mauspiccatae noctu gementes nam haec illis vox est mortalium invident quieti Ita virulentia linguae semper aliud spargit quo concordiam hominum disturbet Plin. l. 11. c. 25. gins to be catcht 2. It is but a single Testimonie 3. The Lieutenant is my Adversay 4. I thinke the Tower is not within the jurisdiction of the Citie of London Here that saying is made good fallacia alia aliam tradit one falshood or subtlety brings in another But to reply Though Mr. Lilburn will not look upon the Treason which he hath committed neverthelesse the Jurie for their Oath-sake should have taken it into consideration yea and seeing it was as clear as the Sunn at noon-day that it was his handy worke x Justitia omnium est domina Regina virtuum sine qua ne Jupiter quidem Principem agere potest they ought to have proceeded against him for it accordingly Again for his saying it was a single Testimonie we say sine capite fabula here is a meer cheat For what clearer and fuller Evidence can be brought into any Court of Justice whereby to cast a man in his case then when an Originall writing with his owne name to it subscribed by himselfe is produced against him to his face To say then he will not looke upon it its foolish and idle neither doth it helpe him any way in the least For as Coke saith standing mute but these words Lilburn did not read to his Jurie hee shall have Judgement as in case of High Treason Besides here were more Witnesses then one for what was shewed under Lilburns own hand was by another under oath affirmed to be his as being delivered by Lilburn himselfe to the Lieutenant telling him it was his and he did own it What Alcibiades said of the Athenians may very well be applyed to this Jurie You take things from other men not by tryall but by trust and doe them rather of y So that here that old verse was verified in Roma vale piu la putana Ch●la moglie Romana In Rome the Harlot hath a better life then she that is a Romans honest wife No doubt this Jury who quitted Lilb●rn from Treason had they been in power and place would
scorn call'd him Baal-peor the god of opening or of a crack Unlesse it be such as do adore him For other men they value his words but as cracks and winde they could not make an Act of Parliament since the Kings head was cut off Here the man takes off the vizard from before his face and will no more trouble the Attorney Gen about producing sufficient and legall witnesses but for the Treason which he speakes he resolves now to abide by it Neverthelesse wee cannot tell but he may have here some Jesuiticall Equivocation As it was a common practice among young Students in the time of the Dunces that in disputation when they were brought to an inconvenience were it never so absurd they would have a distinction though without braine or sense So possible he will o So the like concerning the protestaon which he made that he was not the John Lilb intended in the Act of his banishmēt here no doubt he hath a distinction now tell what it is eris mihi magnus Apollo have a distinction between a lawfull Parliament and making an Act of Parliament that is it may be virtually and formally a Parl. and yet want power or not be in a capacity to make an Act of Parliament And we are the more perswaded to think that he will make some such Dunce-like distinction because he knows Whosoever shall say that the last Parliament Assembled was unlawfull or not the Supream Authority of this Nation shall be taken deemed and judged to be high Treason But we shall leave this to himself and proceed 3. He said p If a Child might have its choise whether to burn the rod or spare it we know in this case what hee would do The Jury being Judges of the Act and law that is either to repeal it or let it stand had reasō to make it null for their owne safety A dead Lion cannot bite By the same Law they voted him to death they might vote his q They must needs be so for they are of his owne choosing and wish as much good to the State as he doth honest twelve Jurie men Was not this a very winning Argument and enough to work effectually and feelingly upon the affection of the Jury It being for all the world as if some Arch Thiefe or Murderer should say Yee Gentlemen of the Jurie take heed what you doe in my Case For if you hereafter shall be found r As who knows but what your heart thinks may come out at your mouth one time or other guilty of such Robberies and Murders as I have committed there will be as much reason and Law that ye suffer as my selfe Cleonides being askt why he spared the Argives who had sought to destroy their Countrey answered lest saith he we might want such men to exercise our youth If we consider the weaknesse and vanity of Lilburns words and how corrupt and unjust his 12 men were in their verdict In stead of that answer or rather no Answer which they gave at the time of their Examination before the Councell of State they might well and truly have said Wee have spared him ſ In the days of Hadriā the Emperour there was one Bencosby gathering a multitude of Jews together called himselfe Ben-Cocuba the son of a star applying that prophesie to himself Num. 23 17. but he prov'd Barchosaba the son of a lye No otherwise may they expect in following this mā whom they did choose as the star of the Law to be led by in their proceedings but an ill businesse in the later end lest we should want such a man as he to oppose the present Gouernment and to carry on the Cavalliers Design and Interest for us 4. He said The Parliament before the Kings head was cut off and the Members taken out were in their purity t This is the first time to our remembrance that ever in publick hee spake well of any Government who knows in regard of the great familiarity between him and the Cavalliers but he might learn some such thing of them a gallant Parliament who were tender of the liberties and of the wel-fare of the Nation And walked in the steps of their Ancestors and Fore-fathers Then were the dayes of their virginity they made good and righteous Laws and then they had no force upon them But since 1640. and 1641. there have been no good Laws made All this as the rest is only a flash and winde nothing at all to the purpose or thing in hand Two things neverthelesse are worth the observing 1. His notable dissimulation as being like the Crocadile of whom it is said when he hath kill'd a man afterward weepes over him as if he were sorry and did repent for what he had done It is well known what an Enemie he was to the u We are here in the dark as to find out the bottome of the man why the Parliament before the Kings death was so gallant Hee brings this in by head and eares as having no occasion to speak of such a thing But if we may give our guesse he speaks this to justifie the last King and to condemn the Warr which was made against him For beings Virgin Parliament and making good and righteous Lawes what could they have more of the King So that the King was in no fault of the blood and treasure of the Nation which was wasted Parliament before the Kings death his own Libels and Pamphlets are yet extant wherein hee doth as much scandalize and reproach the Parliament then as since But see here his Crocadile teares as weeping over their dead bodies by a feyned and base flatterie seemingly to repent for the murder of his tongue 2 Note his grosse absurdities and contradiction The Parliament before the Kings death which was not till about the yeare 1649. was a gallant Parliament c. and yet since the yeare 1640. or 41. there hath been no good Lawes made We shall not presse him here but spare him and endeavour to help him out Thus therefore we understand him In the yeare 1640. or 41. the Parliament x It might have been said of that time hodie venemum Reipubl est immissum For ever since that time hath hee been restless and continually quarrelling with one or other bestowed somthing upon him he being formerly very poore since which time they have not done the like and so consequently made no good Lawes And thus stands the case for otherwise putting aside his owne Interest we all know that more usefull and wholesome Laws have been made since Anno 1640. or 41. then before 5. He affirmes that it was no lawfull Parliament that made that Act. Againe The Parliament that made this Act of Banishment was no Parliament I will prove it And the Parliament were rather Transgressours then I. Againe Admit the Parliament legall They had NO POWER TO SEND FOR MEE If there were y In the great contest which
Books against Sir Arth Haslerig in reference to himself Becaus he pretends personal wrongs don to himself all England must have an Alarm Arme Arme As if all our Lawes Liberties proprieties were lost and taken away from us when he is opposd crost The matter then is thus if Mr. Lilburn may have his will and his turn serv'd the Gentlemen at Westminster shall be a lawful Parliament and so no need of rising upon the 16 of October his way of gaine and preferment or would not comply with his Ends them he hath reproach'd and slanderd and rendred them to the world as odious as might be but for others how corrupt and rotten soever so they would serve his turn such he hath rather flattered then spoken against Henrie 4 of France prepared an Armie of threescore twelve thousand and made the world beleeve it was for Germany to attain unto the Imperial Crown Whereas indeed he intended to fetch the Princesse of Conde from Bruxels for his base use In some such way would Lilburn deceive this Nation he seekes by slandering the Government to raise an Armie and gives out it 's to fetch home Magna Charta Petition of Rights a legal Magistracie Cookes Institutes c. But Fistula dulce canit volucrem dum decipit auceps The bird to woe the Fowler brings Whilst with his pipe he sweetly sings Therefore Reader k It is sayd of Richard 2. Never was Prince receiv'd with greater love and opinion of all men and sooner lost it Lilburn hath soon loosed the opinion which people had of him when he came to action As when he turnd Solicitor his actings were base and scandalous beleeve him not for were he once in the head of such an Armie it is to be feared he would march another way and doe as former Mutiners have don Levell all who pretended as much to Justice Reformation and publick good as ever Mr. Lilburn hath don But 4. And to come neerer to Mr. Lilburns charge against the General If the blind lead the blind they both fall into the pit saith Christ The truth is he being ignorant what are the due Rights Liberties and Priviledges of a free People runs headlong himselfe and drawes others blindfold after him into the whirlepoole of sedition He talkes much of Fundamental Lawes and Liberties and many like Parats speake thus after him meaning as we conceive that there are some Lawes left us by our forefathers which like the Lawes of the Medes and Persians must stand and by no after power or Parliament may be removed But this l He tels us often of Bondage and Vassallage but no man ever asserted a thing which leads to more perfect slavery then this How are we a free people and not to take and make what Lawes wee will for our selves The shooes other apparel which we wore being children were then fit but now they must be wider and larger so Magna Charta other things were su●eable to the people then but now not so is a false Assertion grounded upon no Reason Justice or Equitie a meere dream and fancie of his own head Indeed Salus populi suprema lex what is best and fittest for the prosperitie and safetie of the Nation that is to be considered and established by the higher powers then in beeing The Physitians of our time will not follow Galen nor any other otherwise then in their own judgment they see reason for it So neither are State-Physitians bound up to Magna Charta Petition of Rights or any other former president which he cals Fundamental Lawes further or otherwise then they see the same conducing to the welfare and happinesse of the Republick but may lay aside either part or whole as they see cause and appoint something else as more seasonable and proper to us and as providence makes way for it It is an old saying and very true m Macrob. Saturn lib. 3. Leges bonae ex malis moribus procreantur n Vt optima remedia expessimis morbis nata sunt ita optimae leges ex pessimis natae sunt moribus Caroli Caesar Symbolum Good Lawes are made from bad manners As for Example if the State shall see that to try an offender by a Jurie of twelve men a thing practised a long time with us be dangerous to the Common-wealth and much corruption and Injustice is committed this way they may yea and ought to lay it by and to appoint some other way and course for the trial of Delinquents which o Hence is that saying of Plato Tunc florent Respub quando vel philosophus regit vel Rex philosophatur So Aristotle Vbi praeses est philosophus ibi faelix est civitas Their meaning being that to have a Cōmon-wealth florish there must be wisdome prudence as to what Lawes are made and executed is better and more for the safetie and preservation of the Nation And the like holds true in all other cases Now if the Reader be pleased to observe well what is here said all Mr. Lilburns Out Cries against the General will appeare to be wind and vanitie For neither is his Excellencie nor the Parliament bound as we said before to continue in force any of the p We would know of Mr. Lilburn or any other man what Reasons they can shew us that we may not lay aside all the old Lawes and make new Magna Charta Libertie of Rights Cookes Institutes speake nothing to the Question They must prove that we and our posteritie although a Free People are bound to keep any Law whether fundamental or not fundamental if we see the same obnoxious and so fit to be laid aside old Lawes of the Nation but upon Grounds of libertie and being a freer people then ever our fore-fathers were they may Establish new and others in their place So againe for his filling of mens eares with Remonstrances Declarations and Petitions of the Army at New Market Triploe-heath c. As to what hath been promised to be don for the Nation we suppose it will here be understood by all judicious and impartial hearers that whatsoever the General and his Officers Engaged for it was for the good of the people as in order to libertie safetie good Lawes c. He that promiseth a man six pence and gives him a shilling breakes not his promise but is better then his word so the General if by the good hand of God assisting him shall be an q It was a spe●ch of Augustus Roman● lapideam incultam in veni marmoream reliqui And the Epitaph given to Constantine was Libertatori urbis fundatori Quietis In what condition England was before the General ingaged for the Liberties of this Nation it is wel known and how instrumentally he hath bin for the good of all good men we hope the Lord will so carry him on for the perfecting of the work that the formre sayings shall be applied more truly
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
will either kill him my selfe or ſ This shewes what for Agents hee had send one to do it Then one of the Merchants asked him how he could doe such a thing with conscience he answered tell not me of t Note that the Levellers hold that there is no heaven nor hell No resurrection of the flesh for to take it so in the letter they say is a dreame of our Preacher New Law p 78. Conscience in this case For if I am banished without law conscience or equitie and deprived of my naturall Ayre to breath in which is every mans birth-right I may u How justly whether is there any such Law in Magna Charta We mention not the Scriptures For all that we call the hostorie of the Scripture Levellers say is an idoll New Law pag. 97. justly right my selfe if I can If I would take a Hare or a Deer I ought to give them fair play because they are Beasts of Game but if a Fox or Wolfe I may use what device I can to kill him So if Cromwel keepe himselfe above the law that I cannot have my right by the law I may kill him how I can The Sepiae a certaine kinde of Fish perceiving themselves in danger of taking by an instinct which they have do darken the water and so many times escape the net which is laid for them Mr. Lilburn finding himself here almost taken seeks to get off by such a device as blacking the water partly by denyall and partly by aspersing the x There is one Cap● Wendy Oxford whom he often in his writings cries out against as to be a Spy and sought to murder him But we do not remēber that hee hath any where laid any thing to the charge of these men as to tax thē with any particular miscariages So that every rational man will give the more credit to what they have test●fied upon oath Witnesses as to be Spies suborn'd Rogues Knaves c. Here now our businesse is to lay downe some Rationall Considerations as to the proof of the Charge that is whether the impartiall and understanding Reader walking by the rules of Judgment and Reason is to believe his bare and single denyall though backt with Vows y May not he lye in his protestations here as he did at his last Tryall when he took Jehovah to witness and protested before God men Angels that he was not the person intended to be banished by that Act. Protestations Asseverations c. rather then what these I upon oath have attested The whole Charge may be cast into three heads or branches 1 His resolution to kill the Lord Generall Cromwel 2 To destroy the Parliament and Councell of State 3 To settle King Charles as he call'd him in his Throne in England Of these wee shall speak in order Concerning the killing of the Generall that he said it and intended as much we have these Reasons to believe it For 1. this is no more then what his own a It is likely so he will againe if he can set it out in print with his name to it but here he knows how to help himself if call'd to an account Who can prove it is mine mouth hath publickly spoken that formerly he intended to do it wherein therefore is it improbable that he might not privately to a few say as much as before he had openly declared to the world When a messenger came from Jezebel to tell Elias that shee had a purpose to kill him if some other afterward should have told the Prophet that hee heard her likewise say the same had hee not reason to have believed this later report also Decipies alios verbis vultuque benigno Nam mihi jam notus dissimulator eris Others thou maist beguile with words and such face make But unto me art so well known dissembler I 'le thee take But 2. Wee cannot observe in Mr. Lilburns practice and carriage beyond the Seas any change of his mind concerning the murdering of the Generall b Yet at his first arrivall it was my Lord and his Excellency and yours to serve you But the Gen knows non facile est eodem A dulaore ami●uti but if wee may give credit to what is published under his owne hand an increase and growth of desperate wrath selfe-revenge and blood-thirstinesse And so much is evident by such expressions That grand Tyrant Cromwel Cromwels beastly and abhominable tyrannie The cheats of that hypocriticall and Alchymie Saint Oliver and his gracelesse Tribe Their false treacherous c Nec tibi dua parnis generis nec Dardanus author perfide sed duris genui● te cautibus horrens Caucasis Hyrcanaeque admorunt ubera ●gres Virg. Aeneid l. 4. hellish diabolical cowardly means I judge him to be as false as the Devill and whom d What man ever shewed more hypocrisie then after all this by insinuation and flatteterie to seeke the General 's favour I will never trust againe whilst I breath let him sweare and protest never so much For e For shame once in your life shew your self like a man be not still a beast shame my Lord once in your life learn to be just ought not you your self my Lord to be hang'd c. The f Omnia membra in sene deficiunt excepta lingua quae nunquam quiescit Wolfang Franzius hist Animal Tract 4. Cap. 2. pag. 726. 272. Aspe in her old age hath all her members decayed onely her tongue is as bad as ever This Booke wherein he thus reproacheth the Generall is call'd Lieut Coll John Lilburn g If you wake a drunkard out of his sleep before the drinke be out of his head hee will rage and take on as if hee were mad It seems Lilburn was ●a● asleep being drunk with malice self-revenge being awaked sooner thē he should carries himself like a Bedlam revived Now this must be understood only of his venomous tongue For the Law holds every banished man to be dead A dead man wee know smels not the stinck which cometh from him It was an Argument that Lilburn was not revived saving his tongue that such Trash and h This is the Dung-trap w th we mention'd before pa. 30. wherewith he hath caught many malignāt Gnats dung should proceed from him and hee no way sensible of the stink thereof But seeing this i His tongue hath bin like a mill loose hung which makes a noise crackling but grinds no corn So with his reproaches and raylings he hath fill'd all places with a noyse but nothing have we from him that is profitable and good for the Nation unruly member of his is revived with the Readers patience we shall set downe a little more that it may appear the intended murder which he acknowledgeth himselfe and by others since is witnessed was fixt and setled in his malicious heart In a letter to his Excellencie thus he writes You
so he hath it Just so it is here If he might but once see this Common-wealth destroyed As for the persons who they were that did it it would be all one to him either Stuart or Turke I for my part had rather have the Prince then any man in the world because of his large pretence of Right he being at Peace with all Forreign Nations and having no Regall pretended Competitor He that thinks Charles Stuart hath more lawfull right to the government of this Nation then the present Supream Authority and that the people should do better if he were here setled King why may not we think that his coming lately over was of purpose to effect some such thing The Athenians having conspired against Darius the Persian he commanded one of his servants that alwayes as he sate at meat he should thrice cry here memento Atheniensium Sir remember the Athenians As we find all along so much treason and conspiracy plotted by him against the Common-wealth so we know it is our duty to speak of it unto such as are most concern'd to look after it Praevisa minus Laedunt fore-warn'd fore-arm'd It is easier to shun the snare then being in to escape But 3. The great familiarity which was between him and the Cavalliers whilst he was resident in the Low Countries q It hath ever yet beene held a maxim of all Statesmen to look on those no other then Traytors who keep close correspondēcy and familiarity with such as are known Conspirators a-against the State is sufficient to demonstrate the truth of the Charge in this particular And for the pretences which he makes whereby to excuse him selfe wee find them to be rather matter of proof r He would make us believe that the occasion of the great familiarity between the D. of Buckinghā and him was that hee should be an instrument for the others liberty here in England And is not this a likely thing that Buckingham should be so simple as to make use of him or to propound any such thing really to him knowing him not only to be banished but one whō the State of England did account as treacherous and dangerous to them as the Duke himself or rather more then any way to weaken the Testimonie Those that were the Parliaments Friends with them hee neither tooke nor desired acquaintance but such as were known to be their greatest Enemies were evermore his familiar and speciall Associates Insomuch as by letters from thence we were often advertised to take heed of Lilburn who had such close and secret conversing with our Enemie as did plainly signifie there was some treacherous design amongst them against the peace of this Nation When the Carthagenians understood of Alexanders intent and great preparation for Affrica Am●car sent one out who feigning himself to be an Exile and banished might be accepted with Alexander learn his secrets and as occasion serv'd give him an account thereof Mr. Lilburn would have made the world believe that he was sent over into Holland as a Spie to discover unto the State here the counsels of the Cavalliers But hoccine credibile est aut memorabile how could hee thinke that any ſ Unlesse hee thought us to be like the Blemmye a people who have neither heads nor eyes and so could neither see nor understand things though as clear as the light man should imagine such a thing 1. Having protested against the putting of the Father to death 2. Shewed such large affection to the Son And 3. for this Government none had more oppos'd it nor done halfe so much for to destroy it as he had done So that the Cavalliers had no Reason to mistrust him but might freely and safely take him into their Counsels there being nothing intended by them as to the overthrow of the present Government but wherein he was one with them and t And as this is truth so poena gravior gravius peccanteb debetur paenae autem leves non possunt refraenare Juventatis insaniam inge●ij ferociam Neque possunt ita facile rerum bene starum contemptores ad temperantiam reducere more forward and active then any of them to put it in execution 4. When Saul sought to excuse himself he was demanded of Samuel quid ergo sibi vult vox pecudum istarum what meaneth then the bleating of the sheep in my eares So we may say to Mr. Lilburn denying the Charge what means the tumult and noise of the Malignants for him why are his Juries so corrupt as contrary to Law and Justice doe acquit him wherefore doe all seditious people seeke his u As the Iews though they were of severall Factions yet agreed all together to have Barabbas released who had made an Insurrection in the Citie and to have Christ put to death so the Enemies to this present Government howbeit differing among themselves yet in this do all accord viz. to have Lilb set free one that hath sought to make many Tumults and Revolts in the Nation and would rather have honest men to suffer then he enlargement It is not for any love they have to him or desire of his advancement But knowing how artificially be can plead their Cause as to the re-establishing of Monarchy Tyrannie Episcopacy under the fair pretence of Liberty and Freedome all this stir and trouble is made about him So the Rower in the Boat wastes the passengers over the River they are contented though all the way he lookes on the other side What cares the Cavalliers which way Lilburn looks whether hee speaks for them or against them all is one they know what his work is and what he is come about namely to waft over if he can Charls Stuart and to set him upon the English Throne 5. And lastly this particular Charge is the more likely to be true not only because he hates the present Government and desires the ruine of it but because there is no way more probable to accomplish what he would have done then to joyne with the Cavalliers in Charls Stuarts Interest It is sayd of Tiberius he would have Caligula to reigne that hee might destroy the people Upon such an account would Lilb settle HIS KING among us x Hence is that saying Homo non homo iratus Againe magna ira multos peridit mortalium meerly to destroy godly and honest men in their Religion Liberties Laws Lives Not of any good will to him but that hee might be y It is reported of Bajazet that shewing one day the pleasure of hawking to the Count Nevers caused almost 2000 Faulkners to be kill'd for one Hawk that had not flown well In such a way for all the world would he be revenged upon the Nation because some have not flown or acted to his mind through discontent multitudes must perish for it revenged on those which would not have him to domineer and play the Tyrant Having shewed his actions both at home