as Malignant and scandalous which upon examination proved not such and I presume is no crime to defend such Innocents against unjust accusers True it is I have appeared as Councell for some three Ministers which upon Examination have been voted Malignant or scandalous whereupon sequestred but it was before it appeared to me they were such and upon the Letters recommendations or importunity of some speciall friends of mine who assured me of their innocency in the things whereof they were accused Otherwise I was never voluntary of Councell much lesse for fees with any such nor intend to be if I know them such However since divers matters and questions of late arise and are mixed in most cases in which Ministers need the helpe of Councell as likewise to mannage their evidence to cleare things that are doubtfull both to the Committee Iudges and jury it is neither a crime nor scandall for any Lawyer to be of Councell with an ill person in an ill much lesse in a doubtfull cause so as he neither wrest the Law nor evidence to justifie the guilty person nor extenuate the crime but onely to sift out the truth to rectifie the contrary evidence where it is mistaken or pressed over farre and and so truly to state the case as it is and ripen it for a just judgement The 11. is That I have been a pleader of Patents in point of Law and that against expresse Acts of Parliament Magna Charta and the Petition of Right and that lately before Committees of Parliament This is a grosse untruth I having been of Councell against many such Patents but never with any such to my knowledge both before and since the Parliament if he meanes it of my being Councell against the importation of false printed English Bibles from Holland contrary to severall Ordinances some old Acts of Parliament and some new ones long since drawn read and committed by the House he shewed himselfe a very Ignoramus as little skilled in common Law as in Magna Charta which he so much talkes of but understands no more then Mr. Goose since he cannot distinguish an Ordinance and Act of Parliament from a Patent His 12. slander is That I am a pleader of Iudges practises as binding to the people against expresse Acts Magna Charta and the Petition of Right the overthrowers and destroyers thereof being Traitors to the Common wealth This he desires time to prove for want of present Evidence and he will doe it just at doomesday in the afternoone not before and when he hath better studied those Acts and understands them perchance he will be of another judgement You have heard a full jury of Lyes and slanders onely against my selfe in this one Libellous Letter all which conjoyned together with those forementioned against the Parliament Speaker and Members give in this verdict against the impudence of this same Author That he is a Father of Lyes and slanders deserving the alteration of one Letter in his Name and to be called onely LYEBORNE instead of Lilburne for the future to shame him from his lying practâ—ses which no friendly admonitions or advice could hitherto effect I shall not mention his severall vntruthes touching my honoured Brother Dr. Bastwicke who hath sufficiently vindicated both himselfe and the Parliament in print against these Libellous Calumnies Not his many rayling invective speeches against the Parliaments justice and proceedings since his imprisonment at Newgate and his practises to raise commotions against the Houses by new printed Libellsand Letters affronting questioning both their power justice and animating the Vulgar rabble to call them to account which I have formerly touched upon but shall onely mention one particular more Soone after his imprisonment in Newgate in a very irregular and seditious way he caused divers of his confederated brethren of the Separation about London to present a petition in his behalfe to the Parliament in affront of their proceedings wherein they stile him The great instrument of the Bishops and Star-chambers downfall attributing that honour principally to him which I am certaine was more due to others concluding with these three desires to the House 1. That you will be pleased to order his suddain removall from the infamous prison of New gate a very sancy request contrary to the Committees and both Houses expresse vote 2. That in debating the occasion of his restraint you will be pleased to make the most favourable construction thereof and if it may stand with your wisedomes to give him his speedy inlargement A request almost as insolent as the former 3. That you will be plased to give reliefe to those pressures that lie upon him and to order him a competent part of his Arrears for support of his wife and family How ill the House tooke this Petition in behalfe of such an incorrigible peremptory Delinquent and how great an infringement they deemed it of their Priviledges both for manner and matter the Members present at the debate can best informe the World certainly it was very displeasing to them as the Votes and Answer to the Petitioners manifested however to shew their charity they Ordered him one hundred pounds of his Arreares to be forthwith payd for his and his families reliefe according to the last request in the Petition But to the monstrous ingratitude and obstinacy of this Libeller and his consederates They generally report over all the City and Country that The Parliament voted and paid him this money onely to stop his mouth for their injustice towards him and to take off his Prosecution of Mr. Speaker and others for holding Intelligence with and sending money to the King Interpreting this their Charity towards him upon this Petition of theirs no other then a Bribe and taking occasion from it to cast new Libellous Aspersions on the House it being the accursed disposition of this Generation of Vipers who have Adders poyson under their lips to turn the very best things into poyson and misconstrue the Parliaments best actions though occasioned by themselves I shall therefore for a close of this Relation and Resutation First earnestly desire the Honorable Houses of Parliament and whole Kingdom to take notice of the Lying Libelling Railing False Dishonest Perverse Uncharitable Vnchrâ—stian disposition of Anabaptists and Separatists who make no conscience of Forging Reporting Publishing and Printing the most False Impudent Notorious Scandalous Lyes and Forgeries that can be both of the Houses of Parliament their Covenant Members and most innocent pious blamelesse persons living that are not of their Faction or opposites unto it without the least shadow of proof or truth in which Infernall Diabolicall black Art many of them outstrip the very Devil himself and Iohn Lilburn all his followers And thereupon to be very circumspect 1. How they believe or entertain any Informations or Reports of any of this Sect against the Parliament or any other persons especially against our Ministers whose utter Extirpation they have plotted together with their Tithes
THE LYAR CONFOUNDED OR A Briefe Refutation of John Lilburnes miserably-mistated-Case mistaken-Law Seditious Calumnies and most malicious Lyes against the High Court of PARLIAMENT the Honourable Committee of Examinations Mr Speaker with other Members of the Commons House and Mr William Prynne wherewith he hath seduced many ignorant 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.
sundry others who suffered far greater losses and underwent far longer imprisonments then John Lilburn and were Voted Reparations in the Commons House before any such Vote for him yet never received any satisfaction or fruit of these Votes by reason of the Parliaments more publike imployments whose Councels Debates time have been wholly taken up to preserve our three whole Kingdomes Religion Lives Liberties and themselves from eminent ruine which blessed be God they have done Yet never did any of these revile the Parliament or Commons or publikely tax them of injustice in such a Libellous base unchristian way as he hath done but still sit down quietly and waite with patience till God shall restore the Parliament and Kingdome to such a condition as may inable them effectually to accomplish what they so long since Voted in their behalfes Onely poor upstart John is lately swelled to such an Altitude of worth and Merit in his owne conceite for his late Libellous and seditious Anti-parliamentary pamphlets that he thinks the whole Parliament guilty of the breach of Magna Charta for not setting all publike businesses aside to heare his private Petition and give him Reparations whereas if they had strictly pursued Magna Charta in doing undelayed justice against him for his seditious scandalous execrable Libells against themselves their Proceedings Power Members and others who have done them service perchance he might have received his just recompense at Tiburne ere this and I pray God give him so much grace and timely repeatance as may make him capable of so much mercy to escape it at last I find another notorious slander of his with which I shall conclude in the 11 page of this Letter of his to this effect I served under my Lord of Manchester where and with whom I adventured my life as freely as any man in the Army and the best requitall that I got at his hands was an earnest endeavour by him to hang me for taking Tickell castle from the Cavaliers Truly though none wil or can believe this Slander of this Noble Lord yet they will easily believe it of himselfe if they considerable his seditious Anti-Parliamentary Libels Practises and some other conspiracies of him or his confederates against the Parliament and some chief members of it that he doth most earnestly endeavour to hang himselfe and some of his best friends fear that hanging will be his destiny since he takes such desperate courses to bring him to it He hath therefore now need to ply God with his prayers to give him so much Grace and I heartily pray he may so do as may prevent so great a shame so sharpe a sentence and reserve him for some better end Having thus charged throug and rooted his maine Squadron of Lyes and Scandals against the Parliaments and Committees proceedings I shall in the third place a litle examine and refute his mistaken law his mis-interpretation of Magna Charta and the Petition of Right which had very ill fortune to fall into the hands of such a lawlesse Ignoramus The summe of Lilburnes complaint against the Parliament is That he hath beene severall times sent for examined and imprisoned by the Parliament and its Authority in a most unjust arbitrary and tyrannicall way contrary to Magna Charta the Petition of Right and liberty of a free-borne subject This I have already manifested to be a most false and scandalous Lye in matter of fact I shall now cleare it to be so in point of law to stop his and all mens clamorous mouthes by making good these 4. Propositions First that his first summons onely to appeare before the Committee of Examinations upon an expresse order of the Commons house for printing his first Libellous Letter against the Parliaments Ordinances Proceedings Power the Venerable Assembly and my self without license contrary to severall Ordinances of both Houses is neither against Magna Charta nor the Petition of Right nor the Subjects Liberty not Law of the Land but consonant to them all 2. That his second summons and third sending for in custody for printing his Libellous Answer given under his hand to the Committee without license contrary to their expresse order and direct Ordinances of Parliament is not contrary to Magna Charta c. but agreeable thereunto 3. That the Committee's examination of him concerning his last printed unlicensed Papers and words of Mr. Speaker was no infringment of Magna Charta or the Subjects liberty but warranted by Law and his commitment for refusing to answer most just and Legall 4. That his commitment to the Serjeants custody by Vote of the Commons House before ever he knew his Accusation or Accusor and without being called to the Barre and heard to speak there for himself is no infringment of Magna Charta the Petition of Right the common law or subjects liberty but warrantable just and Legall Before I proceed to these particular Heads I shall give you a briese Account what the law of the land is in cases of Libels against private or publike persons Lilburnes Libels and false reports both of the Parliament Committees Speaker and members of both houses being the ground both of his summons and imprisonment The law before the Conquest was that the Author and spreader of false Rumors among the people had his Tongue cut out if he redeemed it not by the prize of his head as appeared by the Lawes of King Alfred cap. 28. and Sir Edward Cookes 3. Institutes p. 198. We read in Bracton l. 2. Tit. De Crimine lesae Majestatis in Glanvil l. 2. f. 110. in Britton Tit. of Appeales f. 39. in Stamford Plees del Corone f. 1. b. and sundry other law-bookes that at the Common Law both before and since Magna Charta it was no lesse then High-Treason for any man to do or give consent or assistance to any thing which might move Sedition in the Realme or Army which nothing is more apt to doe then seditious Libels against the Parliament and chiefe Members of it to mutiny the people and Army against them of which crime how guilty Lilburne is let all who have read his most seditious Papers judge Tr. 18. E. 4. B R Thomas Heber was indicted and out-lawed of High-Treason among other things for saying after the Parliament ended That the last Parliament was the most simple and insufficient Parliament that ever had beene in England I am certaine John Lilburne hath not onely said but written printed and published to the world of this present Parliament yet sitting that which is farre worse viz p. 4. 5. c. That Judgement there is turned backeward and equity cannot enter That the Lord saw it and it displeased him that there was no Judgement there That the Parliament having served their turnes of him he could have no justice since that he hath been denyed Justice and Right both by the House and Mr. Speaker That the vote of the house for his Commitment is contrary to Magna Charta
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
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
That it was their cordiall desire not to look on the King or Parliament as divided one from another but united and would thus cordially adhere to both without siding against either c. Whereupon they humbly prayed they might enjoy their joynt favour and protection and the like liberty of Trade to both their Quarters as they enjoyed by ancient Charters between England and France during the Wars between both only with their Lawfull Commodities without doing prejudice to either side This Petition to the Parliament with Letters from Sir Philip to Mr. Pym were sent to London by one John le Coulter of Iersey bound thence for England with divers Letters from some English Captives in Argeir to their friends here about their Redemption who coming to London with the Letters and Petition presently met with some Iersey men opposites to Sir Philip and acquainting them that he had Letters from Sir Philip to Mr. Pym with a Petition from the Estates of the whole Island to the Parliament and desiring their direction how he might present them to Mr. Pym they presently procured him to be seised on by a Messenger as a Spye sent purposely over by Sir Philip whom they cryed up for a Malignant and Enemy to the Parliament without any colour or shadow of proofe took away all his Letters and the Petition which by this means was smothered and never presented to the House and if presented and Answered would doubtlesse have settled that Island in quietnesse and made Sir Philip and the whole Island firm to the Parliament After which by false suggestions they detained him above three moneths in their Custody to his great expence before I could procure his full release About the same time one Osmond Cooke a Souldier of Mount-Orguile Castle who attended on me in my Chamber during all the time of my close Imprisonment there and came into England about halfe a year before meerly upon his own private businesse to recover a house and some Lands in Beccles devised to him by his Uncle returning into Iersey from hence was in his passage thither by these malitious persons Informations seised on in the Western parts as a Spye to Sir Philip sent up Prisoner to London by Sea and there detained in Custody divers moneths Notwithstanding there was no proof of any thing at all against him but meer suggestions behinde his back the which to my knowledge were false Whiles these two parties were thus Imprisoned Sir Philips Adversaries by their malitious suggestions of his dangerous malignity and Enmity to the Parliament and importunate solicitations procured an Order from the close Committee for Major Lidcot and some other Officers with six very good brasse Ordnance and sundry Musquets Barrells of Powder Match and Ammunition to be sent into Iersey to apprehend Sir Philip as an enemy to the Parliament to besiege and take in the Castles secure the Island to the Parliament and desend their party there and withall got the Coyners Messeruies enlarged to go over with them into Iersey Maximillian promising to do great matters for the Parliament with the party he and his confederates would there raise and out of my cordiall affection to the Parliament and that Island acquainted Mr. Solicitor and others of the close Committee with the inconveniences and ill consequence of this rash design of which I having intelligence grounded upon meer misinformations of Sir Philips adversaries to effect their own ends informing them upon my own knowledge that both Castles in Iersey were so strongly scituated fortified that they must have an Army by Land and a Fleet by Sea to Block them up that an hundred men in each would maintain the Castles against all the Force the Island could make and three times more and therefore it was a ridiculous thing to imagine that a Major with five or six Gunners and Officers and that small force Sir Philips Enemies could raise there should take both or either of the Castles especially without a Fleet to assist them one of them being quite surrounded with the Sea at half Flood and above half the other at low water that the Castles to my knowledge were very well furnished with Ordnance and Ammunition for two or three years Siege that they could every tide receive fresh Supplyes of Victualls Men and what ever they wanted from France and elsewhere That the Islanders were generally rawe faint-hearted Souldiers who durst not come within Canon shot of the Castles much lesse approach a Breach and run upon the Canons mouth as they must do if they will take them That if they sent any Ordnance Musquets or Ammunitions thither which they needed at home they would all certainly be lost and that they who engaged them in this action did it more out of private ends and malice against Sir Philip then any publike good to the Parliament for admit the Parliament had the Castles and Island surrendred without a stroke they would cost them more the keeping then they were worth and draw a charge upon the State in these needfull times to no purpose but to waste the publike Treasure That in times of Peace the King received not one peny profit from the Island but only the Governour whose whole income in time of war would not maintain the Garrison souldiers requisite to keep one of the two Castles and that it could supply the Parliament neither with fighting men nor money nor Shipping in this time of War but must be supplyed from hence with all these And admit the King had it all in his absolute power it could do the Parliament no hurt at all since it could neither supply him with Souldiers Men Money Provisions nor Ammunition and far remote from England quite out of the road of our English Trade That the Inhabitants being generally very poor and having none but base French Coyne among them could yield the King no supply of moneys That Sir Philip Carteret and the States of the Island did now by Petition and Letter desire the Parliaments friendship and Kings joyntly and not to side with either as divided but United and that he would engage himself if they would give but a fair Answer to their Petition which was suppressed by the opposite party that Sir Philip and those Islanders of his party should continue firm unto the Parliament and their friends and never do one act of Hostility or unkindenesse on the Kings behalf against them and that the Parliaments and the Kings Ships upon all occasions should have all accomodations and ride safely in the Harbour there at their pleasure which was all the benefit we could reap if the Island and two Castles were totally in the Parliaments possession That if they sent any Ships or Forces thither to apprehend Sir Philip or Seise the Island and Castles by sorce especially by such infamous persons as the Coyners and some others were it would make Sir Philip and his party to stand upon their guard and perchance of friends or Neuters at
17 c. 15 26. c. 16. 13. 1 John 4. 6. c. 5. 6. A Spirit of Truth which guides true Christians into all Truth Upon this ground Solomon rankes h Prov. 6. 16. 17. 19. A lying tongue and a false witnesse that speaketh Lyes among those things which the Lord especially hates and abhominates And Saint John registers i Rev. 21. 8. c. 22. 15. Lyars and he that loveth and maketh a lye in the black Catalogue of those damned ones who shall have their part in the lake which burns with fire and brimstone and shall be excluded the Caelestiall Jerusalem to k Mat. 25. 4â— accompany the Devill and his Angels for Eternity in hell fire Yet notwithstanding this undeniable verity there is a new Generation of fiery zealots sprung up in the world of late who deem themselves brimfull of the Spirit of Truth and most others no better than Reprobates or Devils in carnate who like Jobs deceitfull friends are l Job 13. 4. Forgers of Lyes or like the m Tit. 1. 12. Cretians alway Lyars if not like those wicked ones whom David describes Psal 58. 3 4. They go astray as soon as they be born yea new-born into their factious separation speaking Lyes their poyson is like the poyson of the Serpent n Psal 52. 2 3 4. Their tongue deviseth mischiefes like a sharp rasor working deceitfully They love lying more than to speake righteousnesse they love all devouring words Yea o Jer. 9. 3. 5. they bend their tongues like their bow for lyes but are not valiant for the Truth and they will deceive every man his Neighbour and will not speake the Truth they have taught their tongues to speak Lyes and weary themselves to commit Iniquity even in Print being the very generation of men in the latter times of whom the p 1 Tim. 4. 1. 2. 2 Tim. 3. 3. 4. Spirit speaketh expresly that they should depart from the faith giving heed to seducing spirits speaking Lyes in hypocrisie having their conscience seared with a hot Iron false accusers sierce heady high-minded c. having a form of godlinesse but denying the power thereof Among the whole rabble of this lying slandring Generation there is none more peceant then John Lilburn of late years a poor obscure Apprentice in London but now a Lieutenant Colonel and Ringleader of an Anti-Parliamentary Anabaptistical Faction who forgetting all the Laws of Christianity common Civility hath abused his best Benefactors yea the very high Court of Parliament who as himself confessed saved him from the Gallows and most grosly belyed traduced his ancient Christian friends in such a scurrilous virulent unchristian maner without any provocation as no age can parallel in sundry Printed Libels which he intitles Letters wherewith he hath poysoned the minds of many poor Ignorant people of his Sect and others with prejudices against the Parliaments proceedings and filled their mouths with bitter invectives calumnies and reports against those they formerly honoured most of any Mortallâ— and the very Raisers of John Lilburne to all the reputation he ever gained in the world to wit Master William Prynne whose Servant he was generally reputed to be and was contented to own that Title for his own emoliment though never capable of such an Honour and Dr. John Bastwick the Printing of whose Letany which he freely bestowed on him at his request was the best stock he had and that which first made him notorious to the Prelates their opposites and the present Parliament whereas otherwise he had lyen buried in obscurity among the rubbish of the meanest vulgar scarce known to any but him selfe For my own particular I so much undervalue all his scurrilous lyes and rayling invectives against my selfe that I deeme them more worthy scorn than answer and his Libellous seditious Letter to a Friend with that unto my selfe fitter to be refuted by the hangman hand than any others But because I am certainly informed by divers That this last Letter with other seditious Printed papers of his which he hath privatly scatred among his friends have done extraordinary hurt much incensed his ignorant mis-informed Brethren of the Separation and opened the mouthes of them yea of many Royalists and Malignants against the Parliaments proceedings in his and other cases as tyrannicall illegall arbitrary unjust and diametrally contrary to Magna Charta which this grand Ignoramus had never law enough to understand in the Language wherein it was first written nor in his mother tongue as appears by his very transcribing of it wherein he writes DISEASED for DISSEISED the meaning of which Law term I am certain he understands not and that his mistaken Law embraced by his disciples as infallible Oracles hath deceived many poor silly souls and is conceived to have been learned from my selfe whose servant heretofore and now he is generally cryed up to have been when as I blesse God I never entertained him in my service nor any such turbulent factious crosse-graind peece as he shews himself I have at the motion of some friends undertaken to passe a briefe censure on this his most seditious Letter so far as it trencheth upon the Parliaments and Committees most just Proceedings and my own personall reputation both which I shall clearly vindicate from his Malicious Lyes and intollerable Libellous slanders Wherein I shall pursue this method First truely State the Parliaments most just and favourable Proceedings against him which he most wilfully falsly and ungratefully mis-relates to alinate the peoples affections from and draw down an odium upon them without the least just occasion Secondly Rectify his grosse mistaken Law his mis-interpretation of Magna Charta and the Petition of Right and manifest the Parliaments and Committees proceedings against him to be warranted by both not contrary to either much lesse to be utterly Illegall Tyrannicall Unjust and destructive to the Subjects Liberties as he scandalously reports them Thirdly Recite and answer this whole Jury of most grosse Lyes and Slaunders summoned from the very Vicinage of Hell and brought by him to the Bar to give in a Verdict intentionally against my Reputation but really against his own 1 To begin with the first of these Upon the publication of my Truth triumphing over Falshood Antiquitie over Novelty in defence of the Parliaments undoubted Ecclesiasticall Jurisdiction against Papists Prelats Anabaptists Independents Royalists who oppugned the same Iohn Lilburne for whom I had done sundry Courtesies but never injured in thought word or deed I know not out of what malicious schismaticall or unchristian humour before ever he had read over my book a great part whereof he understood not Writ and sent me a most rayling virulent Letter dated the 7. of January 1645. wherein he scurrilously Libels not onely against my selfe but likewise against the Synod assembled by Parliament against the Ordinances of Parliament prohibiting the Printing of Libellous and Seditious Pamphlets Bookes without speciall License as contrary to the Libertie and
from the Committee for Examination for refusing to answer to such Questions as were propounded unto him by this Committee by Order of the House of Commons and for the reasons that he gave for the same And not to permit him to goe out of the same without further Order of the House or Committee Dat. 9o. Augusti 1645. Examinat per Radm. Briscoe Cler. de Newgate On Munday the 11th of August this comtemptuous obstinate deportment of his and refusall to be examined was reported to the House together with his commitment for it to Newgate whereupon the House unanimously made and entred these two Votes Die Lunae 11o. Augusti 1645. Ordered upon the Question by the Commons assembled in Parliament that they doe approve of what the Committe hath done concerning Lievtenant Collonel Lilbourne Ordered upon the Question That Lievtenant Colonell Lilburne be tried at the next Quarter Sessions to be held for the City of London concerning the contriving making devulging and spreading DIVERS NOTORIOVS SCANDALS set forth in his name in a Printed Pamphlet under the Title of a Letter to a Friend AGAINST THE PARLIAMENT AND SEVERALL MEMBERS OF THE COMMONS HOVSE and the care hereof is especially referred to Master Recorder And by other subsequent Orders a Sollicitor and Councell were specially assigned in the behalfe of the Parliament to prosecute this businesse against him Yet notwithstanding this incorrigible Libâ—ller and unparalleld affronter of the Higher Powers persevering in his villany and seditious practises since his commitment to Newgate hath compiled printed and privily dispersed another most pestilent mutinous Libell against the Parliaments power and proceedings to incense and muteny the people against them Printed in halfe a sheet as Libellous and seditious as his Letter and much of the same straâ—ne for all which unparallel'd insolencies he shall no doubt be brought to a faire Legall triall and receive condigne punishment in due season This is the truth the whole truth and nothing but the truth of his Case and of the Parliaments and Committees proceedings against him every Tittle whereof will be justified and made good by a clowd of Witnesses being persons of Honour quality Piety Fidelity by the Parliaments and Committees Journalls Lilburnes owne Pamphlets and himselfe if he be not past all shame grace dares not gaine-say it in any particular Now this being the true state of his Libellous Seditious Incorrigible Contemptuous carriages toward the Parliament successively from time to time and of the Parliaments leasurely milde indulgent proceedings towards him I appeale to all the world yea to his best and most partiall friends and Confederates First Whether any mortall be he Papist Prelate Malignant Royalist or Cavalliere much lesse any profest Votary to the Parliaments service did ever demeane himselfe so Libellously Slanderously Seditiously Contemptuously Peremptorily Presumptuously and ungratefully to the Parliament the Committee of Examinations the Members proceedings of the House as this proud upstart Iacke hath done both in words writing deedes without the least shaddow of remorse or penitence Or whether any History records his Parallel Secondly Whether ever any Parliament Committee or other Court of Justice did with so much lenity patience and long-suffering endure so many reiterated multiplied Libels and publike affronts against their Jurisdiction Proceedings Justice Members without any just occasion or ground at all as this Parliament and Committee hath received from this Seditious Lying Libeller before they did commit him after so many preceedent questionings and admonitions Or whether any such patterne of Clemency Patience as they have used toward this incorrigible wretch can be produced out of any Parliament Rolles or Journals in preceeding Ages If not as I am confident none can then how desperately ingratefull and malicious is this Lilburne for taxing them with Tyranny Cruelty and injustice in their proceedings against him Thirdly Whether ever any proceedings were more Legall just and regular in every punctilio of Law or more consonant to Magna Charta the Petition of Right or Lawes of the Land then these against him And whether ever any man committed by Parliament had lesse cause to complaine of Injustice and Infringement of the Subjects Liberty then he Yet never did any man both in discourse and Printed Libels so raile against the Parliament for Tyranny Injustice breach of Magna Charta the Petition of Right the Subjects Hereditary freedome and liberty as he hath most causelesly and seditiously done of purpose to raise up tumults against and alienate the peoples affections from the Parliament his Emissaries scattering abroad these his seditious Libels among the Malignants in Kent and else where no doubt to excite them to a new Rebellion Having thus truely stated his case and the truth of the Parliaments proceedings I shall in the next place discover and refute his malicious Lyes and Forgeries against the Parliament and Committee of Examinations in his owne Printed Relation of his Case in his Letter to a Friend In this Lying Libell Pag. 3. he writes Yet notwithstanding since the first of May last I have by the Authority of the House of Commons BEEN THREE TIMES IMPRISONED before ever I knew mine Accuser or mine accusation or ever was suffered to speake one word in mine owne defence which I humbly conceive is contrary to Magna Charta And these Priviledges that I ought to enjoy by vertue of my having an interest therein The manner whereof he relates more largely Pag. 12. 13. 14 where he repeates the former words with this addition In againe I was called and told I must wait again to morrow I expressed my selfe againe and againe unto them to give mee leave to declare but one thing to them but heard I could not be till about two houres after waiting at the doore bemoaning and * Note here his seditious carriage crying out to those that stood by of the sad and deplorable condition that I and the rest of the Free people in England are fallen into to be so unjustly Imprisonned for the expence of our bloud for the just preservation of our just Freedomes that we should from Commitees of Parliaments themselves be Imprisoned we know not wherefore and when we come before them according to their owne command that we shal be * If the Committee hath businesse of greatâ—â— importance yâ—t John Lilburn must forthwith be heard and have pâ—ecedence of all others else Magna Charta the Subects Liberties are presently infringed remanded back again and not suffered to speake one word for our selves Heare ô Heavens and give eare ô Earth and thou righteous God that lovest justice and judgement and hatest and abhâ—orrest oppression and crueltie which makest wise men mad put forth thy hand and doe justice thy selfe upon the unjust and unrighteous Iudges of this age whom the people have set up for their good namely to preserve their Lives Liberties and Estates as their faithfull Stewards and Servants doe yet destroy what they would seeme to mainetaine
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
warrant illegall And after a long and sound debate of the businesse it was thus unanimously resolved in the Commons House 3 April 4. Car. Regis and afterwards A Conference had by a Committee oâ—â—oth Houses concerning the Rights and Priviledges of the Subject 3 April 4 Car. printed 1642. p. 66. consented to by the Lords 1. Resolved upon the Question That no Free-man ought to be detained or kept in prison or otherwise restrained by the Command of the King or the Privy Councell or any other unlesse some cause of the commitment detainer or restraint bee expressed for which by Law he ought to bee committed deteined or restrained 2. That the Writ of Habeas corpus may not be delayed but ought to bee granted to every man that is committed or deteined in prison or otherwise restrained though it be by the Command of the King the Privy Councell or any other he praying the same 3. That if a Free-man be committed or detained in prison or otherwise restrained by the Command of the King and Privy Councell or any other no cause of such commitment detainer or restraint being expressed for which by Law he ought to be committed deteined or restrained and the same to be returned upon a Habeas Corpus granted for the said party then he ought to be delivered or bayled These Votes and the Lords concurrence with them begat the Petition of Right after many dayes debate which thus states the Subjects grievance in this particular First it recites Magna Charta c. 29. and 28. of Ed. 3. That no Free-man should be taken or imprisoned without being brought to answer by due processe of Law and then proceeds thus Neverthelesse against the Tenor of the said Statutes and other the good Laws and Statutes of your Realme to that end provided divers of your Subjects have of late been imprisoned without any cause shewed And when for their deliverance they were brought before your Justices by your Majesties Writs of Habeas corpus there to undergoe and receive as the Court should order and their keepers commanded to certifie the causes of their detainer no cause was certified but that they were detained by your Majesties speciall Command signified by the Lords of your Privy Councell and yet were returned back to severall prisons without being charged with any thing to which they might make answer according to the Law Whereupon they pray in this Petition That no Free-man in any such manner as is before mentioned be imprisoned or detained To which the King subscribed this Answer Let Right be done as is desired Now what is this to Lilburns case Who was not now committed to prison by the Committee without any cause expressed but only sent for in custody to come before the Committee as these Gentlemen were sent for by Pursevants to come before the Privy Councell to answer to such things as should be objected against them which sending for was never so much as once complained of in Parliament as a breach of the Great Charter or Subjects Rights but admitted to be legall Had the Parliament or Committee sent Lilburne then to Newgate without expressing any cause of his commitment in the warrant and he had brought a Habeas corpus in the Kings Bench to be bayled as these Gentlemen did and then no cause of his commitment or detainer had been returned but only the Committees pleasure if thereupon hee had been remanded perchance then he might have had some colour to complaine of injustice and breach of Magna Charta and the Petition of Right But the Committee not so much as then proceeding against him so farre as to commit him but only sending for him in custody and permitting him to goe at large upon his appearance without baile only upon his bare word to attend them when he should be summoned how this can be brought within the compasse of Magna Charta or the Petition of Right as a breach of both or either transcends my understanding and all other Lawyers but himselfe I am credibly informed that this upstart monstrous Lawyer since he was called to the Barre at Newgate where he now practiseth hath the Book of Statutes there lying open before him which he reads and interprets to all the poore ignorant people that visit him telling them that he will in a few dayes make them understand the Lawes and Statutes of the Realme as exactly as any Lawyer in the Kingdome Belike he keeps now his Reading in that Inne of Court and will be a Serjeant at Law or a Iudge very shortly since he hath commenced a Reader of Law in so short a space But I shall beseech his Readership to resolve this Mootpoint against what clause of Magna Charta and the Petition of Right his sending for in custody by the Committee of Examinations is and what coherence there is in this his Argument No man ought to be detained or kept in prison upon a Habeas corpus returned in the Kings Bench unlesse some legall cause of his commitment be returned upon the Writ because it is contrary to Magna Charta and so resolved in the Petition of Right Ergo the Committee of Examinations in sending for John Lilburne in custody to examine him for his printing divulging Libels contrary to the Common Statute Law and Ordinances of Parliament without any commitment of him or any Habeas corpus brought or returned is contrary to Magna Charta and so resolved in the Petition of Right When all the wise men of Gotham Colledge can make this argument Sense or Reason it may passe for Law among the vulgar Separatists till then it deserves no other censure but this that it is only John Lilburns Newgate Law Yea but he hath something more to say against the Commons House though not against the Committee of Examinations in this point which is contrary Object as he conceives and it is but his conceit to the true intent of Magna Charta And what is that forsooth he was by the forementioned Vote of the House of Commons on the 19 Iuly 1645. upon Dr Bastwicks Paper only which the Doctor hath sufficiently cleaâ—ed to bee a meere Lye and slandâ—r to defame him ordered to be forthwith taken into custody by the Serjeant at Armes attending that House and so kept till the House took further order by meanes of which Vote he was committed to prison to his custody only before he was ever heard speak This forsooth is the grand breach of Magna Charta so much declaimed against in his Letter to a Friend and since seconded in another most seditious printed paper entituled The Copy of a Letter from an Utter Barrister to his speciall friend concerning Lievtenant Colonell Lilburnes Imprisonment there justified to be illegall and against Magna Charta I answer and averre that this Commitment of his by the House of Commons was most just and necessary if the occasion and ground of it be considered Answ Iohn Lilburne had that very
least contradiction proving much more against them then Mr Prynne relates of them And therfore Iohn Lilburn to use his own language here shews himselfe once more a Grand Lyar in giving such unseemly speeches to Mr Prynne for relating nought but truth and defaming traducing the witnesses produced by Sir Samuel whose persons conditions he knowes not in so grosse a manner upon the Delinquents own bare false reports 7. The seventh That Mr Prynne hath published to the world abundance of lyes and slanders not only against these Lay-preachers but also against Honourable Sir Thomas Fairfax and Honourable Cromwell and divers other chiefe Officers in the Army to whom the whole Kingdome owes so much honour and respect for all their faithfulnesse and good service done them which writes he is so insufferable unwarrantable unjust and abusive as I think was never done by any to the Parliament since they sate besides Mr Prynne And I am consident if I had done as much as he hath in that Book he meanes my Fresh Discovery and had beene such a firebrand as there he is I should hardly escape Tiburne O the intollerable Impudency of this Scribler whose lines are as full of lyes as a Dog of fleas In my Epistle to the Parliament before my Fresh Discovery I occasionally related That two Captain Prâ—achers Hobson and Beamond apprehended by Sir Samuel Luke for breâ—ch of an Oâ—dinaâ—ce of Parliament against Lay-Preachers did among other their lavash speeches MOST FALSLY AND SEDITIOUSLY AFFIRME That the Generall and all the Colonels in the Army were deeply engaged in their designe of preaching c. of purpose to vindicate the Honourable Victorious Generall and his Noble Colonels from this very notorious false slander most untruly cast upon them by these slanderers For doing them this right and honour I am thus most scandalously charged by Lilburne with publishing lyes and slanders against them with being a firebrand and deserving Tyburne who on the contrary justifies and pleades for these slanderous Delinquents in three whole pages and thereby slanders both the Generall and Officers in the highest degree whose Innocency I have vindicated from their misreports Certainly all Lilburnes friends who have any spark of Truth or Christianity in their breasts will for ever execrate and renounce such an abominable impudent slanderer as this who dares affirme such grosse untruthes even in print and I wish his publike penitence for all his premised slanders may be such as none may ever conclude in his owne termes that since he hath beene a farre greater Firebrand in his last printed libellous Letters then Mr Prynne appeares to be in his Fresh Discovery he will hardly escape Tiburn if justly prosecuted for and censured according to his misdemeanors 8. The eighth is That in page 22. hee promiseth hereafter at some other time to anatomize Will Prynnes lyes and fooleries and destructive practises to the Common-wealth in supporting Sir Phillip Cartwright the Malignant governour of Iersey who by his meanes alone hath been as great an instrument of the support of the King and of his unjust wars as any hath been in England It seemes this Libeller for want of present matter intends to forge and publish some new lies and forgeries of me for the future which I shall as easily wipe off as those already charged on me As for my supposed destructive practises to the Common-wealth in supporting Sir Philip Cartwright he should say Carteret a man he never knew I shall give a brief account thereof because it most concerns the State to be truly informed of it and of the losse of Jersey It is very well known to the world what extraordinary favours and respect I received from Sir Philip Carteret and his Lady during my three yeares close imprisonment and exile in Iersey when all my kindred and friends by speciall order from the Lords were debarred any accesse unto me and none of my friends in England durst publikely to own me and that my brother Burton then close prisoner in Garnsey Castle did by his interest in the Governour there at my request procure him more liberty respect and better Accommodations then all his other friends could obtain for him In respect of which obligations I should have manifested my self a Monster of ingratitude had I not contributed my best assistance to support Sir Philips innocency honour and reputation against the malicious and injurious Accusations Aspersions of his inveterate backbiting Enemies who endeavoured only to defame and out him of his Offices of trust that themselves might step into them Among these his Adversaries one Bandinell an Italian Dean of Iersey who first introduced Episcopall Government and Iurisdiction into that Island a man of a very lewd and wicked life and a crafty Machivilian was the chiefe who came purposely over into England to procure a Benefice in Iersey for a distracted son of his and to complain to the Archbishop of Canterbury against Sir Philip for his courtesies and kindenesse unto me as the readiest means to obtain his desires but instead thereof this Parliament being assembled before his arrivall here and the Archbishop questioned he met with Articles of complaint against himself for severall grosse misdemeanors and oppressions done by him in that Isle as Dean for which he was committed by the Commons House for two or three moneths to the Serjeants custody after which he confederating with one Monsieur Samyres of Iersey who was justly questioned by Sir Philip for an astront against him as Deputy Governour in laying down his Captains staffe and command in the open field because he could not have his will in disposing of the Lieutenants place in his band to a person altogether unfit whom the whole company disliked they first of all secretly contrived divers false and scandalous Articles against Sir Philip to the Parliament without any name subscribed to them and inclosed them in a Letter desiring any wel-affected person who should take them to present them to the house of Parliament left them upon the Stocks at London where being found by one who passed that way they were presented to some Members of the House who gave Sir Philip notice thereof Not long after this Deane and Samyres drew up a large paper of Articles the very same in substance and for the most part in words with the former and delivered some Copies of them to sundry Members of both Houses but were not forwards to presse them to be read that so they might slander Sir Philip in the opinion of those Members by this underhand dealing to stay his return to Iersey and he be disabled to clear his innocency which Sir Philip hearing of procured these Articles which they left in the Earl of Stamfords hands to be read in the Lords House and so mooved his adversaries to make them good if they could that so he might clear himself from their false Accusations ere his departure from hence and not be slandered in his absence Whereupon at Sir Philips
would be to the Parliament and what cause of clamours and just exceptions it would give to the Kings Malignant party to exclaim against them if they upon the information of those false Coyners who were Traitors by Law and had relapsed into this offence after a Pardon and now fled from thence to escape the hands of Iustice should thus be sent over thither by the Parliaments Authority as their Agents to apprehend Sir Philip the Governour a man of honour and credit who had formerly saved them from the Gallows and did now but his duty in prosecuting them and craved my advice therein before their arrivall here and bring him prisoner over hither who had just cause to apprehend and hang them there That this would be such an Act of indiscretion and injustice as would open the mouthes of all the world against them and alienate the heart of Sir Philip the whole Island and all good men from them And thereupon I desired them to take some course to call in their Warrant which they thought very just and desired my assistance therein whereupon I imployed one to finde out their lodgings which he did at last informing me withall that they were full of money and that Maximilian had offered a small Ingot of gold to sell whereupon I conceiving they had here set up their Coyning trade for which they fled from Jersey procured a Warrant from Iustice Hooker to apprehend their persons and search their lodgings for suspition of Coyning which was delivered to one Master Stone a Constable in Saint Clements who coming early in the morning to their lodging and standing at their Chamber door heard them telling mony on the Table which he conceived to amount to five or six pounds at least by the noise it made after which he knocking at the door and demanding them to open it they suspecting by his words and carriage he was some Officer refused to do it stood upon their guard and Maximillian offered to escape forth out of a Garret window and after that at a back door but at last they were both apprehended and searched but no money could be found about them except three or four pieces of French and Spanish Coyn not amounting to above five or six shillings But in Maximilians Trunk there was found a plate and mould to coyne with which himself bespoke about a month before of a Smith neer Charing Crosse bringing him the pattern in paper pretending it was an instrument which he must use in the Army wherein he pretended he was to be a Trooper together with powder to cast gold and silver mettle in and Alchimy Salts to colour their false silver with in the chamber over theirs there was found about a pound or two of their false mettle hid under the mats in a corner some in the lump not sophisticated some in small pieces newly melted and so cunningly sophisticated with Alchimy ingredients that it shewed like silver and would indure the Test insomuch that the Goldsmiths themselves could not discern whether it was sophisticated or not till Sir John Wollastons servants melted it down and then there was not one grain of silver in it being the most artificiall counterfeiting of silver without any mixture of it that they ever saw Vpon these pregnant evidences of their guiltinesse of coyning false money here seconded with their reall guilt of it in Iersey whence they so lately fled They were examined by Iustice Shepherd where Maximillian confessing his having the Ingot of gold which he tendred to sale and being examined what he had done therewith First he said he had given it away but to whom he knew not then that he had exchanged it for some Commodities he wanted but when where and with whom he exchanged it he knew not afterwards he said he had delivered it to a Master of a Ship and being taken tardy in that his last envasion was that he had sent it to Saint Malâ—es in France Vpon all these circumstances they were both committed Prisoners to the Gate-house there being nothing wanting fully to convict them but only some of their false Coyne which they conveyed away in such sort that no piece of it could be found though the Constable heard them telling it as he conceived After which they were examined by Sir Robert Harles Master of the Mint who took away the Warrant they had from the close Committee to apprehend Sir Philip which Maximillian carried about him in a little box Not long after this these two Coyners lying prisoners in the Gate-house procured some Iersey Anabaptists and other of Sir Philips adversaries to informe some Members of the House of Commons that these two Coyners were very honest men who came purposely from Iersey to complain of Sir Philip to the Parliament for his Malignity and great oppressions and that by a meer plot and combination of some Malignants and friends of Sir Philips their lodgings were searched and they committed by Iustice Hooker and Iustice Shepherd to the Gate-house of purpose to take them off from prosecuting Sir Philip who was a great Royalist and notorious Enemy to the Parliament and would keep the Island only for the King they having complained against him and one or two of his Agents here that were in custody to the Committee of Examinations Vpon which mis-information both the Iustices and Constable were sent for to that Committee to be examined touching this practise who acquainting me therewith I accompanied them thither and hearing them begin to examine Iustice Shepherd in a criminall way upon the pretended plot against these Coyners I the reupon took all the businesse on my self that the Iustices and Constable did what they had done upon my information being meer strangers to Sir Philip and the Prisoners acquainted them with all the premises produced Sir Philips Letters the Mettle Mould and other particulars to make them good informing how they had abused the close Committee and this Committee too through their mis-informations and what a dishonour it would be to countenance or imploy such villains whom they should either hang here or send over thither in a way of Iustice to be executed desiring them to take some course to punish those who did thus mis-informe and abuse them neither of them daring to appear to make good what they suggested Whereupon the Iustices were dismisled these Coyners remanded to the Gate-house and Ordered to be proceeded against at the Sessions Whilest these things were in agitation about the time of these Coyners first arrivall in England Sir Philip assembled the Estates of Iersey together in nature of a Parliament where he and the States in name of the whole Island framed and joyned together in two Petitions the one to the King the other to the Parliament to this effect That they were deeply affected with the dissentions and civill Wars in England between the King and Parliament that they feared the like distractions there unlesse timely prevented by their wisdoms and care