LIEUT. COLONEL JOHN LILB. TRIED and CASTANNA: OR, His Case and Craft discovered.  
Wherein is showed the Grounds and Reasons of the Parliaments proceeding, in passing the Act of Banishment against him, and wherefore since his coming over he hath been committed to the Tower by the PARLIAMENT.  
Here likewise is laid open the partial, corrupt, and illegal Verdicts of his JURIES, both the former and later.  
Being to satisfy all those in the Nation that are truly godly, and well-affected to the Peace of the Commonwealth: 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 moral Law of God, and nature, or sound natural Reason.  
Published by AUTHORITY.  Job 15.6. 
Thine own mouth condemneth thee, and not I, yea thine own lips testify against thee.  Deut. 19.19. 
Ye shall do unto him, as he thought to have done unto his brother.  
LONDON, Printed by M: Simmons in Aldersgate-street, 1653.   

TO All our Countrymen and Friends throughout the Commonwealth of ENGLAND, PEACE and TRUTH be wished every where.  
AS this Treatise is for a general satisfaction of the Nation: so we have forborn all particular Dedications, that it may without respect of persons, find acceptance alike with all men. We have little farther to say, than what is contained in the Book, only desire that the same may be read over with judgement: We have purposely left out our names, that the Reader may not wrong himself either through prejudice or partiality, but look singly on the matter as it lies before him.  
It is possible some may think there was no need that so much should have been written as in reference to a particular person, but less a great deal would have served the turn.  
To which we answer, 1. It is well known, that many honest minded people, in regard of the several Pamphlets, which M. Lilburn hath spread abroad, have been very much abused and misled by him, insomuch that without a large and clear discovery of his particular Crafts and deceits, we doubted whether such persons would have real and full satisfaction.  
2 Because we find Mr. Lilb. boasting oftentimes of his quick & sharp pen we have thought good to make one work of it; that is, to prevent his future Answer and Replies, in doing so much at once, as not to be troubled any more with him, but to stop his mouth, and put him quite to silence.  
3 The man hath been so long a disturber of the peace of the Commonwealth, and acted such a multitude of seditious designs, as we could not in a little give the Nation a just account thereof.  
4 As our desire is, that those who are in Authority may go speedily forward with the work of Reformation, so we conceive there being here full satisfaction given to the people of this Commonwealth, a stumbling-block will be removed, which he by his subtlety and craft had cast in their way.  
But some may say, you have spoken too much in the justification of bad men: For answer: Here we can appeal to God, how fare we have been from pleading either for persons or things otherwise than what conscience, reason and justice hath guided us thereunto. It is chief the peace and safety of the Nation that we have sought after: And for this Nationall peace we are willing to spend, and to be spent, and shall think ourselves sufficiently rewarded, if by the publishing of this Treatise we may undeceive such people, whom by his wiles and falsehoods he hath formerly deceived, and that he may no more draw parties and factions after him.  
For conclusion; As in the publishing of this Book, we desire a general good, so in particular Mr. Lilburn. That he may see the error and evil of his ways. No doubt it would be much for the peace and comfort of his soul another day: If this counsel of ours were followed, namely as he hath given occasion of public scandal to the world, by his seditious and mutinous carriages, so to make public acknowledgement thereof.  
Howsoever, it shall be our desire: As persons looking into a glass, do thereby amend what they see to be amiss, so this may serve as Mr. lilburn's LOOKING-GLASS, wherein he may not only see those foul and gross faults, which are as perspicuous and manifest, as the Leprosy on Gehaza's forehead; but may under the sense and sight of them, truly repent, & seek unto the Lord, that in the blood of Christ they may be washed away.   

The general CONTENTS of the BOOK.  

THE Author's Encouragement, and grounds to publish the Treatise, page 1, 2.  
The Case stated concerning Harrenton colliery, and the Commonwealth's Interest in it, p. 3, 4, 5.  
How George Lilburn and George Grey sought to defraud the Commonwealth of the said colliery, p. 6, 7, 8, 9  
The judgement of the Commissioners for compounding, having heard what could be said on the behalf of Mr. Primate by his Council, p. 10, 11, 12.  
Mr. Primates Petition to the Parliament, p. 13, 14.  
The Petition being read in the House, how the Parliament proceeded thereupon, p. 15, 16.  
Mr. John Lilburn not banished for any particular or personal difference and contest between Sir Arthur Haslerig and him, p. 17.  
Grounds and Reasons upon which the Parliament might lawfully proceed as to his Banishment, p. 18.  
1 By that Law of God, concerning the punishment of a false Witness, which is opened, and largely applied, p. 19, 20, 21.  
2 Because the punishment of Delinque may be heightened upon Grounds and Reasons of State: The which is proved in some particulars, p. 21, 22.  
Hence is asserted that no man hath been banished out of England, for greater miscarriages then Mr. Lilburn hath committed against the State, p. 23.  
The which is proved, 1. Generally, as being an Enemy to all Forms and kinds of Government, p. 23, 24  
2 Particularly, wherein is set forth,  
1 His railing against Parliament men, p. 25, 26  
2 His treacherous speeches against the Parliament itself, p. 26, 27  
The Author's Observation upon the same, p. 28, 29  
3 What he hath published against the Army. And here is showed:  
1 What he calls all the Army Officers in general, p. 29. And why? p. 30  
2 How scandalously and falsely he asperseth the Lord Fairfax, being Gonerall, p. 31  
The Lord Fairfax his great patience towards him, notwithstanding the others continual treacherous designs against him, p: 32  
3 His false and railing Accusatiens against his Excellency the Lord General Cromwell, p: 33  
General observations given upon the said falsehoods & forgeries, ibid.  
1 It is an old State-destroying stratagem, for Incendiaries to asperse men of public spirits, and such as deserve best of their Country, p. 34, 35  
2 Seditious persons, under the name of Liberty, and complaining against arbitrary power, Tyranny, etc. have usually sought to raise commotions and hurliburlies among the people, p: 35, 36, 37  
3 How it is a politic design of ambitious, malicious, and discontented people, to seek the raising of themselves, by making disturbances and tumults in a Nation, p: 37, 38, 39  
4 lilburn's complaints against the General are groundless; for being ignorant of what is just & good, he therefore speaks evil of it, p: 39, 40, 41  
5 As his Accusations against the General, are proved to be false, malicious, and scandalous, so hath he showed himselfes herein most inhuman and ungrateful, p: 41, 42  
The which in humanity and ingratitude, is demonstrated in several particulars, p: 42  
1 In the baseness of his speeches, ibid.  
2 In rendering evil for good, ibid.  
3 Having no provocation or occasion so to do, p: 42. 43, 44  
lilburn's End and grand design in opposing Government, and aspersing such as are in Authority, and herein how like unto the Pope, p: 44, 45  
The several ways and wiles which he hath used to bring his end and design to pass, ibid.  
1 By instigating all people, Soldiers as well as others unanimously to rise against the Parliament, and to apprehend them as so many professed Traitors, Thiefs, Murderers, etc. p: 45, 46  
2 By making division between the Parliament and Army, which is showed in several particulars, p: 46, 47, 48  
3 By attempting to destroy the Army, p: 49  
The which is demonstrated: By persuading the Soldiers to revolt, and cast off their Commanders, page 49, 50, 51, 52  
Here some particulars are noted, as how he and his party have occasioned the Soldiers to revolt, p: 52  
1 By charging the principal Officers of the Army with most scandalous, horrid, and base things, p: 52, 53  
2 When any of the Soldiers have acted any thing treacherously and dangerously against the Army, their manner was highly to commend such mutinous and seditious persons, p: 53, 54  
3 By urging and instigating other Soldiers, when their fellow-soldiers for causing sedition have been justly punished, to take severe revenge for it presently upon their Officers, p. 54, 55  
4 In stead of a court-martial, Mr. Lilburn appointed a Committee of Indemnity, whereby all Soldiers are acquitted, as not to suffer for sedition, or any other crime whatsoever, p. 55, 56  
lilburn's designs and resolutions far worse, and more abominable than the former, p. 56  
As how he resolved to murder and massacre several persons, ibid.  
1 Sir Arthur Haslerig, p. 57  
2 He hath openly professed to the world, that he resolved to kill the Lord General Cromwell at the Parliament door, p. 58  
Reasons wherefore he did it it not.  
1 For the love he bore to his Wife and Children.  
2 Because he was assured that he should see the General's downfall without the kill of him. And 3. Be an instrument himself, for the restauration of England's Liberties and Freedoms, ibid.  
Hence these Inferences are made,  
1 That lilburn's coming lately into England, was to effect what he had promised to the Duke of Buckingham, Hopton, and others, p. 59  
2 A singular providence of God, that a design so desperate, should be made known by himself, p. 59, 60  
3 The Common wealth of England needs no such Actors.  
4 The intended murder confessed by himself, leads us (as by the hand) to the Author and Instrument of the Libels and Pasquil's which have been thrown abroad, pa. 61, 62.  
3 It hath not only been his resolution to stab and kill particular persons, but a whole Parliament of men at one time as so many Weasels and Poulcats, p. 62, 63, 64  
lilburn's first Trial, p. 64  
The Act declaring what offences shall be adjudged Treason, pag. 65, 66, 67, 68, 69.  
That the witnesses and proofs produced on the Commonwealth's behalf, were full & legal against Livet. Col. John Lilburn in point of Treason, p. 70.  
1 The Treason was confessed by himself, p. 70, 71, 72  
2 Proved by several legal, and sufficient witnesses, pag. 72, 73  
3 In the Book which he owned and and acknowledged himself the Author, the whole Treason whereof he was accused, is there set forth, pag. 73, 74  
How impartial, illegal, & unjust the Jury was, p. 74, 75  
How impertinent and vain lilburn's whole Answer is, p. 75, 76, 77, 78, 79, 80.  
lilburn's slight trick: how he escapes at his Trials, p. 80, 81.  
Mr. lilburn's actions and do after his Enlargement, pag. 81.  
Here we find him a Solicitor, attending the Committees, pleading in all Causes, where he might have any advantage thereby, p. 81, 82.  
He who had formerly cried out against the Lawyers, is more foul and criminal in the same particulars, p 82, 83  
Having been so long versed in Nationall Tumults, he is like a fish out of the water, till his hand be again in public Commotions, p. 83.  
The Case stated concerning Hatfield Chase, ibid. 84  
The Riots and Insurrections there made, ibid.  
Daniel Noddel gets to his assistance Lilburn, and Major Wildman, p. 85  
How Lilburn cum socijs totally abolished & destroyed the whole Town of Stantoft, 82 Habitations, and destroyed in Corn and Rapes, 34000 acres, the damage not less than 80000 l. p. 86.  
An agreement between Lilburn, and several men of the Manor of Epworth; that in consideration of 2000 Acres to be given to Lilburn and Wildman, they shall be defended from all Riots past and to come, p. 87  
Lilburn's Lords days work at Stantoft, p. 87, 88  
How he instigates the people of Crowle to make Insurrections and Riots, p. 88  
Noddel's wager, that Lilburn would call the Parliament to an account, p. 89.  
lilburn's land measured out, and by him taken into possession. ibid.  
Major Wildman present, when Lilburn made the bargain, p. 90.  
Observations upon the whole, ibid.  
1 According to Coke Institutes, Lilburn is a Traitor by his Actions, p. 91, 92.  
2 His unparallelled insolency, having but a little before escaped punishment for raising tumults, would throw himself again headlong in the danger, pag. 92.  
3 Should such a precedent as this be left without due Execution of Justice, in what danger were the whole Commonwealth, p. 93.  
The original and chief cause of his banishment, p. 94.  
Lilb. actions and proceed beyond Sea, ibid.  
Here is asserted, that no English Exile in the time of his Banishment, shown more malice, or contrived greater Treason against England, than Mr. Lilburn did in the time of his Residence in the Netherlands, p. 95.  
For 1. never was a State by the mouth or pen of any Exile made more odious or execrable than he hath rendered ours to Foreign Nations, p. 95, 96, 97.  
2 Having made our Governors' State-Hereticks, then be proceeds (Pope-like) to cut them off, p. 98.  
The which is demonstrated By the particulars whereof he is accused  
1 Isaac Berkenheads Charge against him, p. 98, 99  
2 Captain John Titus, p. 99  
3 Capt. John Bartlet, ibid. 100  
4 Richard Foot, 100  
How Lilburn like the Sepiae, seeks to escape by blacking the water, p. 100, 101.  
The whole Charge cast into three heads or branches.  
1 His resolution to kill the Lord Gen: Cromwell.  
2 To destroy the Parl. and Council of State.  
3 To settle King Charles (as h●e called him) in his Throne in England, pa. 101.  
Reasons to believe that he intended to kill the General.  
1 Because it is no more than what his own mouth hath publicly spoken, that formerly he intended to do 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 murdering of his Excellency, p. 102  
His rage and railing was rather more than less, p. 103, 104.  
3 His own words published, when he was in the Netherlands, do 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 Council of State.  
1 Because during the time of his Banishment in the Netherlands, he counted the Parl. no other than he did before, viz. Tyrants, Traitors, Knipperdolings, etc. p. 107.  
The Author of the history 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 means and way asserted by the witnesses, how he would destroy the Parl. & Council of State: is the same which elsewhere he declares publicly to the world, p. 109, 110, 111.  
What Lilburn had suffered for his devices, had he lived among the Lycians, p. 111, 112.  
His gross hypocrisy discovered by himself, that it was not the people's 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 Charles 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 than he, p. 113, 114.  
2 Acknowledgeth Prince Charles apparent Heir to his Father's Crown and Throne, p. 114.  
3 hath persuaded the people to receive him and to join with him, as being more justifiable before God or man, yea a thousand times more justly then to join with the present ruling men, p. 114.  
4 The great familiarity which was between him and the arch Cavaliers, whilst he was resident in the Low Countries, is sufficient to prove the same, p. 115.  
How Lilburn would make the world believe, that the Cavaliers 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 reign, that he might destroy the people, so would he set up his King here to suppress honest men, p. 117.  
Concerning lilburn's return, as to the time, manner, and other circumstances, p. 118.  
1 As to the occasion of his coming over, here an Argument is framed to prove, that the reason of his return was to murder the Lord Gen: Cromwell, p. 118, 119,  
2 How he seeks for a Pass, no pardon, p. 119.  
3 A mystery opened, viz. how he had before vowed never to believe nor trust the General, 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 unsettled; and partly, because at such turn many men are unsatisfied, p. 121.  
5 Several passages are opened, which he writes in a Letter to his wife, of seditious consequence, p. 121, 122.  
6 If he have not his Pass granted him, how he will take Major Gen: Harrison, for his principallest and grandest Adversary, and what he hath oonceived already in his brain against the Major Gen: pag. 122, 123.  
Some Observations upon it, ibid.  
7 With whom Lilburn dined and supped, when he was at Callais, immediately before his coming over, and his Companions with him in the passageboat, p. 124.  
The third Assertion: Namely, no man banished out of England, being returned again, ever offered such Insolences and high contempt against Authority, as he hath done since his coming over, specially for the time, ibid.  
8 His great swelling words at Canterbury, as that he needed no Pass, was as good a man as Cromwell, etc. ibid.  
Lilburn scorns to have his mouth stopped, like the Geese in their flight over Taurus, p. 125.  
9 No sooner is he come at London, but he 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 joined with him, p. 125.  
For his carriage since his coming over: 

1 What he hath said.  
2 What he hath done.    
Upon his Trial at the Sessions in the Old Bailie, he spoke as follows.  
1 That the Act whereupon he was indicted, was a lie, a falsehood; it had no Law nor Reason in it, etc. p. 125.  
The Answer to it, p. 126.  
2 That the Parliament could not make any Act of Parliament since the King's head was cut off, ibid.  
How he spoke Treason but covertly, p. 126, 127.  
By the same Law they voted him to death, they might vote his honest 12 Jurymen, p. 127.  
Reason's moving his Jury to acquit him hereupon, p. 127, 128.  
4 How he commends the Parliament which was before the King's head was cut off, p. 128.  
Two things observed thereupon.  
1 His notable dissimulation, ibid.  
2 His gross 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 Traitor by Coke 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, etc. ibid.  
His great inhumanity towards the Parliament: As to take away their weapons, and afterwards to beat them, p. 131.  
His falsehood answered, and ignorance discovered, p. 131, 132  
How most unworthily he abused the Court, p. 132.  
1 The Lord Mayor, ibid. wherein  
1 He lied against knowledge and conscience.  
2 Grossly contradicted himself.  
3 Wherein he spoke truth, it was against himself, p. 132  
Another Reason to encourage the Jury to quit him, viz. what a stout Champion he would be for them in the great business when occasion should serve. p. 133.  
2 His railing at the Lord Keeble, as being a Part●●, and having a salary, p. 133.  
Magna Charta for Traitors and Felons, 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 suppress Riots and Incendiaries, as Lilburn to have 1000 acres for ever to maintain 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 hunters, p. 134.  
4 What he saith of the Army, ibid.  
The Answer to it, p. 134, 135  
5 What he calls his Jury, to wit, his honourable Jury, the Keepers of the Liberties of England, Judges of the Law, as well as of the Fact, p. 135.  
How he handles his jury (as if they were like brass pots) he carries them by the ears where he will, ibid.  
His base aspersing the present Parliament, p. 136.  
Wherein is manifested the Jury their disaffection to the State, ibid.  
Care to be taken that the corrupt proceeding of this Jury be not left as a Precedent to future ages, p. 136.  
How he calls Jehovah to witness, and protesteth before God, Angels and men, that he is not the John Lilburn intended in the Act, p. 137.  
How such Asseverations and Oaths are frequently used by him, and the Reasons why, ibid.  
How it is Machiavels maxim, and the doctrine of Jesuits to lie and forswear for profit and advantage, p. 137.  
After his say his do follow: And here we find him at his old Trade, dispersing scandalous and seditious Books, p 138.  
1 A printed paper, Entitled, More light to M. John lilburn's Jury, wherein is asserted, that a Parl. hath no power to contradict, altar, or repeal any former standing laws, ibid.  
The Answer to it, wherein is showed how Mr. Lilburn seeks to enslave the Nation, and to disquiet the minds of the people by false suggestion: And such as ask his liberty, may as well ask our Reason and understanding, p. 139.  
How a Jury, though consisting of two knaves and ten fools, yet are above Parliament and Law, and no Appeal is to be had from their sentence, though never so illegal and unjust, p. 140, 141.  
How inventors of evil things, and inducers to sin, are principally to be punished, p. 141.  
2 Another printed paper, called A word to the Army, wherein he speaks nothing of the former divisions, which he had made in the Army, but seeks to raise more, p. 141, 142.  
3 A printed paper Entitled, Fundamental Laws and Liberties of Enland, etc. p. 143.  
How Lilb. shows here his folly, in troubling himself about Parliaments, which as he states the Case, signify little, ibid.  
How he is proud, an ignorant man, as no● understanding what fundamental and standing Laws are, p. 143.  
How laws may be said to be standing, and fundamental, and what such laws are, p. 143.  
How Lilburn is like the Mass Priests, in Edward 6. his reign: And seeks to make Commotions and Tumults now, as they did then, in the like seditious way and design, p. 144.  
How he extracts something from all former Incendiaries, to be a Master workman as he styles himself, p. 145.  
4 Another printed paper, called, Lieut. Coll. John lilburn's plea in Law, ibid.  
Here he undertakes to prove, that the Parliament can alter none of the fundamental Laws, ibid.  
To which a large answer is given. As showing,  
1 What is power. 2 Government, or the execution of that power, p. 145, 146.  
His ignorance and nonsense, and how he seeks to enslave the Natian, ibid.  
He goes backward to out-jump his fellow lepers in sedition, p. 147.  
How like the foolish fish he swims to the hidden hook, ibid.  
Another printed paper, called A word to the jury in behalf of john Lilburn, p. 147  
A door for lilburn's sake, must be left open for all Incendiaries to pass through without punishment, p. 148  
How the Jury took upon them, not only to be Judges, but condemners both of Parliament and Laws, p. 148  
What is to he done by those who are in Authority, when they see, not only their persons, but Authority itself, and their Acts and Laws trodden under foot, p. 148, 149.  
lilburn's re●ued practice to divide the Army, p. 149.  
His unreconciled hatred to the State, p. 150.  
Another printed paper called, A Plea at large for John Lilburn, Gent. ibid.  
Here he prosecuteth the method which he propounded to the Duke of Buckingham, etc. as to destroy the Lord Gen: Cromwell, etc. p. 150, 151.  
How he cannot for his life forbear acting sedition, p. 151.  
Lilb. liberty not to be desired, dangerous to the Commonwealth. Reasons for it.  
1 Because nothing will satisfy him but murder and blood, p. 151.  
2 He knows nothing of the present Generation-work, but one that scoffs and jeers at it, p. 152, 153.  
3 Is a professed Enemy to Reformation: As to have things continue proper to Monarchy, no way suitable to a Commonwealth, p. 153, 154.  
4 No friend to those that fear God, and love the Commonwealth, but he is for the Cavaliers, and that party.  
Having so many Agents, (as he saith) in the Land, it is fit he and they should be kept asunder, as men keep fire and gunpowder apart, p. 155  
6 The dangerous consequence of an ill precedent in the Commonwealth, p. 155.  
The conclusion of Mr. Lilburn in that grave Council of the Senators of Troy, ibid.  
Concerning Mr. lilburn's later Jury, p. 156.  
Here the Reader is desired to take the Marginal notes along with him.  
What the Jury fitly may be called, and why, p. 156  
The Examination of the Jury taken before the Council of State, 157.  
Thomas Green, foreman; why chosen by Lilburn? why foreman? p. 157.  
He will not answer for Reasons best known to himself, p. 158.  
Michael Rayner; he confesseth they had a meeting all together at the Windmill Tavern in Coleman street, to agree together, what answer to give the Council, p. 159  
How he and the rest of the Jury took themselves to be Judges of matter of Law, as well as matter of fact, ibid.  
Thomas Tunman, a Salter: this man, though he sells salt, yet his words were not soasoned with salt, witness his lying against knowledge and conscience; in being asked whether they did not meet that morning at the Windmill Tavern, he positively answered they did not, p. 159, 160.  
Immanuel Hunt, he was not satisfied that the prisoner was John Lilburn indicted of felony; About their meeting at the Tavern that morning: First denies it, afterward confesseth it, p. 160.  
James Stevens confesseth the Council and Bench told the Jury they were only Judges of the Fact: But this they regarded not, p. 161.  
Richard Tomlins tells the Council, 'tis one thing what he can say, and another thing to accuse himself, ibid.  
He is not bound (he saith) to give any account of what he did in the business, but to God himself, p. 162  
Will: Hitchcock is resolved not to give any answer of their Action, ibid.  
He says and unsays, and contradicts himself most grossly, p. 162, 163.  
Thomas Evershot, though he pretends he was satisfied in his conscience in what he did; yet such was his conscience, as he can lie against his knowledge, p. 163.  
Tho: Smith refuseth to give any Answer, ibid.  
Gilbert Gain, though he did differ from the rest, yet at last yields to them for company, p. 164  
Griffith Owen was not satisfied, that the Prisoner was John Lilb. p. 164.  
The Author's opinion concerning the downfall of Juries, ibid.    

LILBURN Tried and Cast: OR His Case and Craft discovered. WHEREIN Is showed the Grounds and Reasons of the Parliament, in passing the Act of Banishment against him, and wherefore, since his coming over he hath been committed to the Tower by the Parliament.  
Here likewise is laid open the partial, corrupt, and illegal Verdict of his Jury, both the former and later.  
Being to satisfy all those in the Nation that are truly godly, and well-affected to the Peace of the Commonwealth: 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, etc.  
THe 
a 2 Sam. 15.12  two hundred men, which went with Absalon from Jerusalem to Hebron, in their simplicity, and knew not any thing: had they clearly understood the real 
b As all vices use to cloth themselves with the habits of virtues, that under those liveries they may get countenance in the world, so under the name of Liberty & crying out against Tyranny, many unawares are brought into a snare.  plot and stratagem of him, which was to make himself King, and depose his Father, they would not have followed him in so horrid and wicked an Action. In the undertaking of this work, we shall endeavour to undeceive such people (virtutem qui verba putant, ut lucum ligna, as Horace speaketh,) who through ignorance and mistake of things, are ready to comply with Mr. Lilburn, and others, in their seditious ways and wiles against the peace and safety of this Commonwealth. As for others, who are wilful and malicious, professed enemies to the State, and of his mind who said, 
c Non persuade his, etiamsi persuaseris.  Though you do convince me, yet I will not be convinced: we shall (neverthlesse) by this, leave them without excuse, to the righteous judgement of God in the great day of Christ.  
The searcher of all hearts knows, it is not Mr. lilburn's blood, or any hurt unto him in the least that is here aimed at, we have better learned 
d Mat. 7.12.  Christ, even 
e Quod tibi vis fieri, hoc facias & alteri.  to do to others as we would be done unto: but to prevent the misery and mischief, which otherwise, partly through the most effectual delusions, and deep deceits of some, and partly through the ignorance and misunderstanding of others, might possibly (by keeping silence) fall suddenly upon the Nation.  
It cannot be denied, but that it stands with the Rules of Justice and Equity, contained in the moral law of God and Nature, or sound natural Reason, and with the Law of all Nations: that mutinous and seditious courses should be prevented and hindered, yea and 
f Initio sedicionum, quamprimum apparuerint comprimantur. Cle. Templ. polit. lib. 4. c. 7. p. 424.  timely too; whilst they are in the nest, hatching like the Cockatrice Eggs 
g Contra vim atque injuriam licitam esse defensonem. L: ut vim de Just & jur l. scientiam sect. quicum ad L. Aquil. . Against force and wrong defence is lawful, saith the Law: and 
h Publicam utilitatem priva●orum commodis praeserendam. Authen. Res quia C. commude legate. l.  the public good is to be preferred before particular profit. Upon those considerations and grounds, namely, that the Nation may be no more involud in war, Tyranny in Church and State reestablished, our liberties bought with a sea of blood and millions of treasure lost again: but the great work of Christ gloriously go forward in the world; we shall now (not following Mr. Lilburn in his 
i As Cocks fed with Garlic overcome others, with rankness of breath, not with strength of body, so his victory by the pen, is by desamations and railing at men's persons: Sober men not being willing to come near the rankness of his breath.  railing and raging language, but) in the words of sobriety and truth, state the true case of his sufferings, and how in seeking himself, and to carry on his own Interest, he hath all along endeavoured to disquiet the Nation, and to make commotions and divisions in our Counsels, Army, and every where.  
It is usually given forth by Mr. Lilburn, and his friends, and so understood of many, as if the 
k Thus he speaks, and writes & hath published to the world: Now the Civil Law saith, It is unreasonable for any man, not having weighed the whole cause, to give advise or judgement, some one part alone proposed.  dig. 4. de leg● Senatusque Consult.  cause of his Banishment should be of a difference arising between Sir Arthur Haslerigge and him, and some words which he should speak against Sir Arthur: but how untrue this is, and ungroundedly taken up, will evidently appear by the following discourse.  
First the Reader is desired, to take notice, how one Mr. Primate Citizen and Letherseller of London, made claim unto three parts in four, to be divided of all the Cole-mines in Harraton, in the County of Durham: by virtue of a pretended Lease made by Sir John Hedworth, Knight: The which moiety Primate afterward demised to George Lilburn and George Grey Junior, Esquires, etc. Now to the end they might the better carry on their covetous design, and enrich themselves by deceiving the Commonwealth of 3000 l. Per Ann. they take along with them Lief: Colonel John Lilburn and some others, persons proper for the work, and most fit to advance both their own and the others Interest. For as the Cause was desperate and deceitful, so it was necessary it should be managed by such 
k Ambitiosi a liquot homines qui privatim degeneris, in publicum exitiosi nihil spei nisi per discordias habent. Lipfius polit. l. 6. c. 4. p. 266.  instruments as would be resolute & restless, and with violence and impudence, break through all oppositions, in spite of right or reason.  
How these conspired together, to rob the State of so much treasure, will appear by setting down the true state of that Case concerning Harraton colliery, and the Commonwealth's Interest in it.  
Upon the sixth day of August, 1649. Thomas Wray of Beanish in the County of Durham Esquire, complained to the Committee of Durham, that George Lilburn and George Grey, two of the Committee, 
l All is fish that comes to the net.  had possessed themselves, of his Collieries and several houses thereunto belonging in Harraton, which were sequestered for his Recusancy and Delinquency, and had raised great sums of money out of the same, and converted it to their own uses, to the great loss and prejudice of the Commonwealth. And upon Examination of Witnesses upon 
m Here Master John Lilburn hath a Marginal note in his book, Entitled, A just Reproof to Haberdasher's Hall, pag. 9 And saith, But I am sure their depositions are not where to be found. But we are sure he knows better, how Mr. William Roe proved it fully.  oath it appeared, that in the year 1644. Sir William Armyne and the rest of the Parliament Commissioners, sequestered that Colliery then in the sole possession of Mr. Wray, and sold a thousand pounds worth of Coals that were upon the Staythes. And further, that in the year 1645. the Committee there upon the Petition of Mistress Wray, wife to the said Thomas Wrey, granted an order (Mr. Lilburn, and Mr. Greys' hands being at the said Order) for letting that colliery to one Mr. Pearson, for paying of Mr. Wreyes' Creditors, and that Pearson was to give an account thereof to the Committee, and accordingly 
n This saith Mr John Lilb. is the grossest utruth that can be told, for Pearson never took the said colliery. But it is a grosser untruth to deny it, seeing the thing is so certain and clearly proved.  entered into the said Colliery: And it appears that the said colliery continued still to be wrought by Mr. Wrayes Agents, and for his use till June, in the year 1647.  
About April in the year 1647. Mr. Lilburn and Mr. Grace desired a meeting with Mr. Wray about buying out his Estate in the colliery: Now at this meeting Mr. Wray told them, they knew his Collierie was worth about 3000 l. per annum, & that he was out in moneys for that colliery at least 16000 l. yet he was content to sell them his whole estate in it, (in respect of the present condition he was then in) for 5000 l. yet so, as he would have a thousand laid down for his own use, and one thousand more to stop the clamours of his Creditors, and that he would take further time to consider of days of payment, for the other three thousand pounds.  
Moreover it was proved, that Mr. Lilburn did then say, they would not differ 
o In this man's attempting to get the colliery is made good. Vbi avaritia est, habitant ferme omnia ibidem flagi●ia, impietas, perjuria furtes, rapine frauds, atque doli insidiaeque proditiones, jurgia & infandae caedes.  for the payment of the first 2000 l. And Mr. Wrey and he having reviewed his Evidences, Mr. Lilburn professed he did not think that Mr. Grace could have produced so clear a title for 7. parts of 8. in that Colliery, but for the eighth part he was not so fully satisfied: Whereupon Mr. Wray then told him, that one Gomadale pretended a title to that eighth part; but he conceived, that he had sufficient to prove the right in that part to belong likewise to him; but howsoever he was sure (and so much he told Mr. Lilburn) that Comadale would part with his interest upon very easy terms. Now no sooner was Mr. Lilburn departed from that place, but he met with one Master Swain, to whom he imparted the former conference, and that he was agreed with Mr. Wrey for the said colliery.  
After this there was another day appointed for the payment of the 3000 l. but by reason of the great rain which fell, and the rivers rising so high, they were hindered of meeting at that time. Immediately thereupon, or very shortly after, Master Lilburn and Mr. Grace went both to London, and made some 
p Quisquis ditatur rapidos miluos imitatur.  agreement with the said Comadale, for the eighth part as they pretended, but nothing was showed to make it good: And coming down in June following, they 
q Callenuceus tells us of a noble man of Naples that was wont profanely to say, he had two souls in his body, one for God, and another for whosoever would buy it. These men by their practice, seemed to be of his opinion, they will venture the loss of one soul come what may come, to enrich themselves and deceive the State.  entered into, and possessed themselves of the whole colliery, and it hath been wrought by them ever since to their use and benefit.  
Now for as much as it plainly appeared unto the Committee, that the colliery was sequestered by Sir William Armine in the year 1644. and had been. solely in the possession of Mr. Wray, and his Agents three years before, and that it was let by the Committee of Sequestrations, in the year 1645. and no man had claimed any right or interest in it, until Mr. George Lilburn and Mr. George Grace, two of the Committee possessed themselves of it: And that there had been no order made either by the Lords and Commons for Sequestrations, nor the Committee there; nor that there had been any authority for the dispossessing the state of their Interest, and that Mr. Wray a Recusant and Delinquent, was uncapable of composition: the Committee ordered August 13. 1649. That the sequestration should be continued upon the said colliery, for the use of the State, and that all those who have had any use or profit of the said colliery, since the same was sequestered; should forthwith make 
r They writ of the Partridge, that she will steal the eggs of other Birds, and the young she never hatched; but soon after the true mother calls them away from the thievish Stepdame, & they all (being flag and can fly) leave her mourning, and calling, when they are gone. Thus she that had many running after her for a time, by & by hath none at all. Here the proverb is true, All covetous, all lost.  their accounts, etc.  
Upon the making of this Order, Mr. George Lilburn sitting at the Committee (and being one of the Committee) immediately desired a month's time to make his title good; the which being granted, he went thereupon to London, and by the day appointed, brought with him one Mr. Levit, and Mr. Josiah Primate, who being required by the Committee to make good their Title (they and their Council being put upon it to show what title they had to the said colliery) affirmed by their Council that Mr. Wray had gotten their Evidences, and would have had the Committee to have compelled him to have produced his title. But the Committee replied, the matter was of very great concernment to the Commonwealth (the colliery being worth 3000 l. per annum) and that Mr. Lilburn had made of it, after he had put the State out of possession, at least 15 l. per diem, for a year together, as they were informed by those that knew it well: And therefore durst not be so false to their trust, as when the State had been in possession above three years, to produce Evidences to divest the State: Besides, what they desired was such a thing as was never heard or granted in any Court, that a Plaintiff which sued for a possession of land, should desire the Defendant to make him a Title to out himself. Therefore if Mr. Wray had gotten their Evidences into his hands, their way was plain, to exhibit a Bill in Chancery, and there they might compel him to produce his Evidences in a legal way.  
For conclusion, whereas it did not appear to the Committee, that either Mr. Lilburn, Mr. Levit, or Mr. Josiah Primate would, or then could produce any Evidence in the least, to overthrow or weaken Mr. Wrayes Title (he being then present, and holding his Evidence in his hand, ready to make it good) but that the right of the whole Collierie was clearly in him: They confirmed their former Order (as in point of law & conscience they could do no less) and afterward let the colliery for the benefit and use of the Commonwealth; and desired that Mr. Lilburn and Mr. Grey might be called to account for the profits of the said colliery, they being assured that great sums 
s Were not these faithful men to the State all the while, and fit to be of the Commit for Sequestration, that they would take into their possession a thing which they knew was sequestered before; and that the Commonwealth had an interest in it; honest men being as they were, employed by the State, would have been ashamed to have meddled with that colliery.  of money were in their hands, due to the public, they never having paid a penny.  
Thus we have most faithfully stated the case. The Law saith proofs 
t Probationes debent esse luce clariores l. scant.  ought to be clearer than the noon day. What we have here asserted, is not upon 
u Testes singulares non probant.  single testimony, or 
x 
Testes deponens de auditu non probat.  
Testes debet deponere per Corporis sensum, & non judicium in tellectus. l. Test. c. & l. qui Testem. Sect. Am. A. de Test.   Witnesses speaking upon hearsay, or what men have thought and imagined, but what many persons, and upon oath, have largely and clearly testified.  
Moreover, we find by a Copy of a Petition, attested by Mr. Vaughan, exhibited to the Lords and Commons for Sequestration, by Capt. Franc. Swain on the behalf of himself and others, the Creditors of the said Thomas Wray, that the said Wray, was legally possessed, for many years yet to come, under several Grants, from Sir John Hedworth deceased, of the colliery of Harraton, charged by the said Sir John Hedworth with 2000 l. debts, which Mr. Wray was to pay, and had the colliery conveyed to him to that purpose.  
But what for the discharge of those debts (Wray being constrained to borrow money of other men) and the times then being troublesome he lost the use of the Colliery: besides being a 
* Quere, Whether Mr. Lilburn had not more Reason to fear loss & punishment, knowing his treacherous design against the State, than this man knowing himself a Papist.  Papist, he knew if he should win and work the same, the Coals would be Sequestered. Whereupon he treated with Mr. Lilburn and Mr. Grey, two of the Committee, who had a great 
y It seems they had a great desire to the colliery, for otherwise they would not have taken so false an Oath as they did before the Commissioners of Compounding: Namely, in charging the Committee of the North, as that they refused to do so and so, which was proved to be false, and Lilburn and Grey foresworn. So that it's a true saying; In nullum avarus bonus est, in se pessimus. Chrysost.  desire to to the colliery, and by cunning devises sought to defeat both Wray and the Commonwealth thereof: As the event shown it to the full. But to proceed, upon Treaty they agreed to give Mr. Wray about 5000 l. though it was worth 16000 l. But it seems this was only pretended, and no way meant, for presently they compounded with one Commondale, who had but some small part thereof (and that very questionable) nevertheless, upon pretence of that little, they boldly entered into the whole, and possessed the same, and so through fraud and deceit, defeated both the Commonwealth and the Creditors of their just right and due: Wherefore they humbly prayed that both Mr. Lilburn and Mr. Grey might be warned to appear and answer, etc.  
It is said of 
z Clement: Alex: in Protrept.  Praxitelles the Painter that he made the silly people worship the Image of his Strumpet, under the title and pretence of Venus. There are several Pamphlets published under the name of John Lilburn, concerning the Colliery in Harraton, wherein we may see for all the world, the like practice, even fraud, oppression, covetousness, (the crafty inventions of his own brain) cried up and pleaded for, under the name of righteousness, honesty, justice: and the simple who believe every thing, are apt to give credit and trust to it.  
The Case being so clear, and fully laid open before the Commissioners for compounding, by Mr. John Reading, Counsellor for the Commonwealth: and they having likewise heard whatsoever could be said by Counsel, on the 
a It hath not been known in any case of this kind, a more full hearing then this had, as to what could be said, by Primate and his Council to the full. And this Master Lilburn well knows, though he have published the contrary.  behalf of Primate, Lilburn, and Grey, gave their judgement upon it, thus.  

By the Commissioners for Compounding, etc. 27 Febr: 1650.  
Upon reading of our order 20 Febr: instant: Made upon hearing of the report of Mr. Reading, and of Counsel on 
b 
Vtramque partem ni audias, ne Judices. Aristoph: in Vesp.  
Qui statuit aliquid parte in audita altera: Aequum licet statuerit haud aequus suit. Sen: in Medea.   both sides in the Case touching the colliery of Harraton, in the County of Durham, and upon further hearing of the said Case this day, and of Counsel on behalf of Mr. Josiah Primate, Mr. George Lilburn and Mr. Grey the Elder, as also of Counsel on behalf of the Commonwealth, and consideration had of the matter as it is before us.  
Resolved. That we 
c For this many reasons have been showed why they could not.  cannot admit of the depositions or Affidavits taken in Chancery in this Case, as Evidence before us.  
Resolved: That upon the proof before us 
d 
But Mr. Lilburn would judge it good, though there was no clear demonstration for it.  
Omnia venalia nummis.   we do not judge the title of the said Mr. Primate to the said colliery good, as to divest the Commonwealth of their possession.  
Resolved: That Mr. George Lilburn and Mr. Grey the Elder, and all others that received any profits out of the said colliery, since the same became Sequestrable, for the Delinquency and Recusancy of Mr. Thomas Wrey, do account upon Oath, for what they have received.  
Resolved: That upon Mr. Primates, Mr. lilburn's, or Mr. Greyes' Petition, stating their Title to the possession of the said colliery, 
e The which time by Mr. John Lilburn was ill spent: not remembering, Temporis praeteriti bene impensi suavis est memoria. Neither that saying; Nullum tacuisse nocet, nocet esse locatum.  further time shall be given to them to prove the same.  


James Russel,  
John berner's,  
Edward Winslow,  
Richard Moor.     
And as they gave them further time to state their Title, and prove the same; so it was almost a year, before there was a second Judgement. In which time, nothing was unheard, nor unconsidered, which by Primate, Lilburn, Grey, and their Solicitors could be produced: Whereupon at last, having fully heard, what could be said by the Counsel on both sides, this was the 
f Fundamentum perpetuae commendationis & famae, est justitia, sine qua nihil potest esse laudabile. Cic. l. 1. de leg.  Sentence.  

By the Commissioners for Compounding, etc. 12 Decemb. 1651.  
In the Case depending before us, touching the colliery of Harraton, having heard the Depositions and Proofs taken therein, and perused the 
g 
The which Deeds upon Examination were found not to be so virtual as to give Primate a Right to the colliery, in the understanding of the Commissioners.  
Pulcra & honesta laudenda, sed Turpia vitupe●anda. Aristo.   Deeds and other writings offered to us on the behalf of John Primate, of London Leather-seller, who claims an Interest in the said colliery, by Lease thereof from Robert Conyers, who pretends a right therein by Grant from Sr John Hedworth: And upon hearing of Counsel, as well on the part, and behalf of the said Josiah Primate, as on the behalf of the Commonwealth, in whose right the same is Sequestered, as belonging to Colonel Thomas Wray, a Papist and Delinquent, and having had several Debates, upon the said Proofs and Writings, and what hath been offered by the Counsel on either side do Resolve.  
That it doth appear, that the whole colliery of Harraton was under Sequestration in the year 1644. without distinction of Seams; That it doth not appear that the said colliery or any part thereof was discharged from Sequestration from the year 1644. to this time.  
That upon Consideration of the whole matter, there doth not appear to us sufficient cause to take off the Sequestration of the said colliery, or any part thereof, upon the Petition of the said Mr. Primate.  
Resolved: That we do leave all parties claiming any Interest in the said colliery to their course in Law, and do think it fit, that the possession be established accordingly.  


James Russel,  
John berner's,  
Richard Moor.  
Arthur: Squibb.  
Will: Molins.  
Edw: Winslow.     
Having showed what the Commissioners did, and the grounds thereof: Now it follows that we declare, what afterward was done by Primate, but especially by Lievt: Colonel John Lilburn, who at this time was the chief man that acted and appeared in his Uncles and Primates business, against the right of the Commonwealth.  
Not to speak of 
* 
Entitled, A just Reprooff to Haberdashers Hall. Or An Epistle written by Liev●: Colonel John Lilburn July 30. 1651. to four of the Commissioners, viz. Mr. James Russel, Mr. Ed: Winslow, Mr. Will: Molins, & Mr. Arthur Squib: Wherein is set forth their unjust and unrighteous dealing in several Cases. With the Relations of the said John Lilburn, and their captivating their understanding to the tyrannical will of Sir Arch: Haslerig, who hath most unjustly endeavoured along time together, the extirpation of the family of the said Jo: Lilburn.  
The matter of this book was judged by the Parliament, to be false, scandalous and malicious, and deservedly to be burnt by the hand of the Common hangman.   a Book which the said Lilburn had before published, and his charging Sir Arthur Haslerig, with destroying and levelling our properties, subverting the Laws and Liberties of England, and exercising a Tyrannical power over us, against and without Law: There was 
h Of which Petition it might be said as Origen said of Celsus works; Non est periculum ut eye subvert untur ullus fidelium, it was so false, scandalous and malicious.  penned and printed a Petition and Appeal against the Judgement and Resolution of the Commissioners for Compounding. The words of the Petition are as followeth.  

To the Supreme Authority of this Nation, The Parliament of the Commonwealth of England; The humble Petition of Josiah Primate of London, Leather-seller; Shows;  
THat your Petitioner by under-tenants, George Lilburn Esquire, and George Grace the Younger, Gent: both of the County of Duresm, being in the years 1647, 1648, and 1649. in a just and quiet possession of the Collieries or Seams of Coal in Harraton in the County aforesaid, called the Five-quarter and Nine-quarter Coal (and having spent near 2000 l. to win the same) which lay drowned and lost from 1641. to 1647. Sir Arthur Haslerig in 1649. 
i Innocens esse nemo poterit, si accusasse sufficiet.  procuring Colonel Francis Wren, one of the Committee of that County, and Colonel George Fenwick to join with him, made an Order (against which the rest of the said Committee present protested) to sequester the said Collieries, under colour of an 
k 
The things that are not fair, seem fair to him that is in love: So Daphnis in the Poet saith to Polephemus: So it is with the promoters of this Petition.  
Though slanders and falsehoods are fowl & gross vices, yet to them they seem fair, and lovely, because they take delight and pleasure in them.   untrue suggestion: That Sir William Armyn had sequestered the same in 1644. as belonging to one Thomas Wray a Papist Delinquent, and thereupon the said Sir Arthur 
l Vis vi propulsanda is good in Law. De male quaesuis non gaudet tertius haeres.  violently dispossessed your Petitioners Tenants, and seized their Goods, and let the said Collieries to Colonel Francis Hacher, and several of the Officers of his own Regiment. That your Petitioner hath petitioned to the Commissioners for Compounding for relief, but by the 
m A man that lets his hair grow too long falling over his eyes, hinders his fight, and goes the worse: So Mr. Lilburn having the light of his understanding darkened with malice against Sir Arthur, mistaking the truth here, devised a slander.  power and influence of the said Sir Arthur upon most of the said Commissioners, your Petitioner hath been delayed and denied the ordinary course of proceeding in all Courts of Justice, and at last coming to Hearing, the said Sir Arthur appeared every day of the Hearing, and took upon him not only to plead against your Petitioner (which is humbly conceived to be contrary to Law, he being a Member of Supreme Authority) but also authoritatively to prejudge your Petitioners Case, and to direct the said Commissioners what to Judge therein by his power and influence upon the said Commissioners, he overawed most of them, and full Hearing, Judgement being respited from day to day, the said Sir Arthur kept private Correspondence with some of the said Commissioners about finding of some 
n Nothing of these things could Mr. Lilburn prove: in so much as that ●y of the Poet may be applied to him, and his Case; Quaerit aqua● in aquis: & poma fugacia Captat Tantalus, hoc illi garrula lingua dedit.  new colour or pretences to detain your Petitioners possession from him: Whereupon he produced new pretended Evidence after full Hearing; and thereupon the Major part of the said Commissioners not daring (as is humbly conceived) to oppose the will and pleasure of the said Sir Arthur, have contrary to clear Evidence before them for your Petitioner, refused to relieve him, and have punctually pursued in their Judgement, the Direction publicly given by the said Sir Arthur.  
That the said Commissioners being the only persons authorized by the Parliament, to hear and determine all Cases about Sequestered Estates, Your Petitioner cannot be relieved from the 
o Pejor est detractio in magni nominis viris quam in plebeis. August. lib. 3. cont. Pet. l. 2.  Oppression and Tyranny of the said Sir Arthur, save by the Parliament, or their special Order and Direction. And your Petitioner hath been kept from his Possession above two years; and the said Sir Arthur hath declared the said Collieries to be worth at least 
p Whether he did say it is a question, but this is without question, had not the thing been of very great value, Mr. Lilburn would not have made so much contention about it: for his hand hath been grasping great booties: Witness the business of Ha●feild Chase, of which more in its place.  5000 l. per annum.  
May it therefore please the Parliament, in respect to the Public Justice of the Common wealth, to cause the truth of the Premises to be speedily examined, and to provide for your Petitioners relief from the Oppression and Tyranny of the said Sir Arthur Haslerig, and for the Dispensation of Justice without fear or favour, as to your Wisdoms shall seem most safe.  
And your Petitioner shall pray. Josiah Primate.   
The 
q Varro.  Romans (as it is reported) kept in Capitolio certain dogs and geese, which by their barking and gambling should give warning in the night of Thiefs, that entered in: But if they cried out in the day time, when there was no suspicion, their legs were to be broken off, because they cried when there was no cause. If the promoters of this Petition are (as 
r Domesticum Testimonium stands no● good in Law. Justin: Inst. l. 1. Tit. 10. Doctrina vana ratio ni accesserit. Tull.  they say themselves) for justice and righteousness without respect of persons, and against illegal and arbitrary actings: God forbidden we should speak against them: but if they are (as to the Parliament it did appear so by their Censure) deceitful Workers, false Accusers, Defrauders, prejudicial, and dangerous to the Commonwealth, we know no Reason, but they should have their demerit accordingly. To the matter then.  
This Petition being by Lilburn, and Primate given to several Members of Parliament, and afterward in the House avowed and justified by them both: a Committee thereupon was appointed, and power given, to examine upon Oath, and to send for persons, parties, witnesses, and papers, and to make report forthwith.  
The Committee having sat 
s Note the honesty & conscience of his honourable Jury (as he called them) and who (as he saith) are the Keepers of the Liberties of England, these without any examination of what was done in the twelve days, found him not guilty. Like Gnato in Turrence, Ais aio, neges nego, if you say it is thus, so do I, if you say nay, so do I. But here how was that remembered? Aequaliter utramque partem audire, an old Attical Law.  twelve days upon the business, and examined Witnesses, produced on both sides, and heard whatsoever could be said. A report was made from the said 
t In a Pamplet lately printed, entitled, A Hue and Cry after the fundamental Laws and liberties of England; it is there said, Many of the said Committee might justly be suspected of partiality & greatly to favour Sir Arthur Haslerigs cause, and as much to discountenance Mr lilburn's cause. Now we must believe this because Mr. Lilburn reports it: As if neither the Committee nor Commissioners, nor the Parliament were to be believed, but only his single testimony and bare saying.  Committee, of their proceed therein; and of the matter of fact appearearing to them, and the Evidence given them.  
The House after long and serious debate, Resolved upon several Questions, as to the civil part of the Petition, and to the matter of Crime charged therein; viz. That the Parliament doth approve of, and affirm the Judgement and Resolutions of the Commissioners for Compounding in the Case of Josiah Primate: That the aforesaid Petition is false, malicious and scandalous: That Sir Arthur Haslerig is not guilty either of Oppression or Tyranny in the carriage and prosecution of this Business. In a word, whatsoever in the Petition contained any charge of crime, as in reference to Sir Arthur Haslerig, or the Commissioners for Compounding of unjust or unrighteous dealing, after due Examination of all the particulars by the Committee, and a full debate in the House, appeared to be (and so was judged and voted) falsehood and malicious aspersions.  
Whereupon it was Resolved by the Parliament, that all the printed Copies of the Petition should be burnt by the hand of the Common hangman. A fine of 7000 l. Imposed upon Primate, and committed to the Fleet, there to remain until the aforesaid fine be paid. The like fine of 
u Not that either he or Primate paid one penny of their Fines. Neither hath Mr. lilburn's Estate been taken from him, as he hath complained of, and charged Sir Arthur Haslerig, as if he had destroyed him, his wife and children. An absolute untruth (as we understand) for he hath enjoyed his Estate ever since, as having been received either by his wife, father, or some other friend to his own use, so that nothing hath been taken away from him by Sir Arthur, as he most untruly reports.  7000 l. was imposed upon Lieutenant Colonel John Lilburn, and to be Banished out of England, Scotland, and Ireland, and the Islands and Territories thereunto belonging, and not to return into any of them, upon pain of being proceeded against as a Felon, and in case of such return shall suffer death accordingly. Before we come to treat of the Act of his Banishment, there are several things to be considered.  
1. That it is most untrue which is by 
x Thus he writes; Several of my friends in England, may wonder why all this time I have not published the full state of the case between Sir Arthur Haslerig, Mr. Primate, and myself.  Mr. Lilburn and others affirmed, viz. that the Reason and Cause of his Banishment should be of some difference and quarrel between Sir Arthur Haslerig and him; whereas Sir Arthur was no further concerned in the business, then to maintain (as he was bound to do) the due title and Right of the Commonwealth, which (saith he) some (combining together) wrongfully endeavoured to out, and defraud the State of it. It is no new thing, to hear 
y Tacit. hist. lib. 12. p. 395. So Ahab charged Elias to be the troubler of Israel, whereas it was he & his father's house had done it.  men (suum quisque flagitium alijs objectantes) to lay their own faults upon others; as to cry, stop the thief, stop the thief, being in the mean time the only Robbers. Thus indeed it hath been lilburn's practise all along, and his 
z Subvertit hominis vitam lingua garrula. Menon.  Master piece to asperse others, for oppression, injustice, illegallitie, exercising an arbitrary and tyrannical power, etc. whereas no man hath been greater and deeper in the crimes than 
a For what Augustine blames Seneca the Philosop, may fitly be applied to him, in this he did the more wickedly in that he did it lyingly, for he did it so as the people thought he did it truly; so it is an aggravation of his evil, that he deceives the people by speaking untruths.  himself, as not only here, but in many other cases: as we shall abundantly prove hereafter.  
2. Whereas there is mention made in the Petition, of Colonel Francis Wren, and Colonel George Fenwick, and the Commissioners for Compounding of several high miscarriages and gross abuses laid to their charge. Now upon Examination by oath, before the Committee (appointed for the trial of the whole business) those men appeared innocent, and no way guilty of the things suggested: neither could Lilburn Cum socijs, make good any particular, or part of their charge against them (as the Parliament understood) The 
b Calumniatores fratrum & detractores infames censentur. Caus. 6. Queen 1. C. In fames.  Law saith, Calumniators and detractors of their brethren, should have burn-markes set on their forehead, for infamous persons.  
3. For the Interest and Title which Primate made to the colliery in Harraton, when all his Evidences, Witnesses, and other proofs were examined, it did appear to the House, that he had 
c Avarus nunquam justus est.  not any lawful Right thereunto, but that it was a design of George Lilburn and George Grace, 
d Charior est auro non simulato fides.  (prosecuted by others) to 
e Nescit prodesse qui nescit providus esse.  defraud the State by taking the profit and benefit of that place into their own hands. Nevesson, a better Lawyer than an honest man, would ordinarily say, He that will not venture his body shall never be valiant: he that will not venture his 
f Omnium malorum radix est cupiditas, transgressionis mater, magistra nocen di, primipila iniquitatis, duriga malitiae, ficaria virtutum, seditionis Origo, fovea scandalorun. Petrus Raven:  soul, shall never be rich.  
4. For the Commonwealth's Title and Interest to the said colliery (this we understand) it was before the Committee proved lawful and good, all objections made against it by Lilburn and others fully answered: Neither had they any thing more or further to say: The Examination of persons, parties, witnesses, papers, Records, etc. we have them all by us: which are too large in this place to set forth: But the 
* It is worth the noting how Mr Lilburn hath set forth a book about this business: Entitled, A just Reproof to Haberdasher's hall: now leaving aside his ●ayling against Sir Arthur, & some inventions of his own head: there is enough in that book to condemn himself and his case, he thought that either none would have read it, or none would have understood him.  substance of the whole as taken upon oath before the Committee, we have here faithfully reported, as delivered to us.  
We come now to the Act: that is, to consider and weigh the Grounds and Reasons upon which the Parliament might justly proceed, as to the Banishment of him. And here we will begin with that Law of God, concerning the punishment of a false Witness; 
g Deut. 19.19.  Ye shall do unto him as he had thought to have done unto his brother. The Hebrew Doctors writ on the place thus; It is commanded to do unto a false witness, 
* No marvel though the Law of God will have slanderers to be so severely punished, considering honestus rumor alterum est patrimonium.  as he would have done by his Testimony to his neighbour. If they have testified falsely of a transgression, for which men are guilty of stoning to death, they are all to be stoned, if of burning they are to be burnt: and so for other deaths: And if they testify of crimes worthy of beating, every one of them is to be beaten. To the point then in hand.  
Such 
h We do not here set down by a great deal the crimes which he lays to other men's charge: As Murder, Treason, Theft, etc. These things the Reader shall see afterward.  persons as destroy Proprieties, subvert Laws and Liberties, procure other men to join with them in unjust and unrighteous dealing, violently seize upon other men's goods, and by their power and Influence so over-aw the Courts, as that the Judges neither can nor dare do righteous things, etc. What punishment is due unto such men, few but know: We have several Examples (former and later) of persons which have been fined, imprisoned, banished, yea put to death for fewer and lesser crimes.  
So for Commissioners and Under Officers, to join hand in hand with a Tyrant, and suffer themselves to be so basely corrupted, as the ordinary course of proceed in Courts of Justice is delayed and denied. Make unrighteous decrees, oppress the poor, pervert judgement, serve the lusts, and satisfy the will of corrupt men, etc. No doubt but they 
* Now there is great reason why men not doing justice should be punished, for aut sit justitiae locus, aut certa ruina mundo, justitia quip career nequit.  deserve not only to be fined, and put out of their place, but out of the Nation, and Commonwealth also, and justly too.  
Now for application, 
i Quod non tibi fieri vis, ne fac Alieri.  Ye shall do unto him as he had thought to have done to his brother: Hence we infer, if Sir Arthur Haslerig, and the Commissioners for Compounding, had worthily deserved a fine 
k Note how Gaveston, the Spencers, and others, banished the Realm, committed not the crimes which he hath laid falsely to some men's charge.  of 7000 l. to be imposed upon them, and to have been banished out of England, Scotland, Ireland, and the Islands, Territories, and Dominions thereof: had the things been proved and found true, which by Mr. John Lilborn were laid to their charge: then by this Law of God, he being a false witness, and so proved and convicted when he he stood before the Lord, and the Judges, the very same punishment ought he to have: According to that old 
l Suidas.  Verse: 
〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉  
The law is just he should be caught,  
In that same mischief which he wrought.   
There is so much Equity and Reason in this law of Retaliation, as the wisest of the 
m 
Ab alio expectandum est, alteriquod faceris Seneca, Quae injuria est, pari quod prior ipse feceris. Ibid.  phalaris tauro violentus membra per illi torruit, infelix mibuit autor opus. Ovid. l. 1. de Art. Aristot: Ethic. li. 5. ca 5. Gellius lib. 20. Noct. Attic. cap 1.  
Quod quisque fecit, putitur: auctorem scelus repetit suoque praemitur exemplo nocens; As Seneca Trag. Act. 3 brings in Radomonthus speaking as a Judge.   Gentiles saw it, and have written for it: and it hath been practised amongst them almost in every Nation. Neither hath the Lord left this law with men, as by them alone to be kept, but we find that he himself ofttimes hath put it in Execution.  
And whilst we are speaking of this law, it is not amiss, that the Reader be desired to observe what Rules and qualifications are set down by Casuists and learned men, concerning the right and due practice of it. As 1. when it is a combination, or plot designed of evil doers: this the Scripture expresseth; 
n Deut 19.16.  If a false witness rise up against any man, etc. From hence the 
o Ainsworth on the place.  Jews gather, that by law they may not determine any sentence by the mouth of one witness, but from the mouth of witnesses, either in money-matters, or in matters of life and death. 2. Maliciously prosecuting the thing, with intent to do hurt. And 3. when it is to disturb and overthrow the 
p Mr Lilburn in all his contests with particular persons, and raising up false accusations against them, hath always sought the disturbance of the Commonwealth.  public peace. When these things concur and appear, In procurando proximi malo, eadem omnes plecti debent poena, saith 
q De Conscient. lib 5. c. 56.  Amesius. What evil or hurt false witnesses seek to procure to their neighbour, the same punishment themselves ought to have.  
That Mr. Lilburn and others were confederates, and intended by false accusations to ruin and destroy other men, sought to make a general disturbance and commotion in the Nation, it is unquestionablie certain, that to his Judges it appeared so: And therefore this 
r This Law is as good a Rule and as lawfully to be walked by, as Magna Charta, or any thing in Cooks Institutes.  Law of God (as one Reason and Ground) may serve to justify the Parliaments Act to the Fine and Banishment of him.  
In Athens a youth was condemned, who took delight to pluck out the eyes of Birds, and having made them blind let them fly for pastime. It was no birds eye, that Mr. Lilburn hath sought to pick out, and therewithal to 
s He would not use the base and fowl language which he doth, but to make himself mer●ie with it.  sport himself, but the eyes of men, or rather that which is dearer and more precious to them then their right eye; even their credit, good name, estates, liberties, lives, etc. What less than (in point of Justice, 
t This is justice, Qui alteri exitium parat: exitium parat: eum scire oportet, sibi paratam pestem, ut participes parem. Tull: Tusc. 2.  Equity, and Conscience) could the Parliament do, then following the Commandment of God (having made diligent inquisition) to do unto him as he had thought to have done unto his Brother.  
But 2. The Supreme power of a Nation may as they have always done, heighten the punishment of Delinquents upon Grounds and Reasons of State: The safety and preservation whereof, aught to be their 
u  omnibus bonis expedit salvam esse Rempublicam, quam portus est & Asylum civibus universis: ita nihil est suavius, quam bene rem gerere bono publico. Plaut. in captain.  Rule in all their proceed. Now if John lilburn's course of life be duly weighed, and what his designs and intentions have been against the peace and public good of the Commonwealth; how often he hath endeavoured to embroil the Nation in blood, by seeking to raise new wars, etc. It might be 
x We would think him an unwise man that would feed rats, mice, and other vermins to destroy his bodily Estate. Ergo  wondered that a stricter and severer course had not been taken with him. For this we shall affirm and make it good. That no man hath been banished out of England, for higher contempts, greater insolences, and more desperate and treacherous designs and Actings, than he hath done against the State.  
When Shimei was to be put to death for going out of Jerusalem, Solomon remembered him of the great wrong which he had done before unto David his Father: and to say the truth, it was rather that, than the later which drew forth the sword of the King against him. Thus it is with the 
y 
Mr. Lilburnes former Treasons are still upon the State's score, he hath not reckoned yet with them though the corrupt Juries have quitted him.  
Simile simili gaudet cum paribus facillimè congregantur. Canem cani, bovem bovi Asinum Asino.   higher Powers, when they are to give sentence upon an offender (specially a public Enemy to the Commonwealth) they consider the condition of the person (as what he hath been, and what done before this later Act,) and so accordingly either lesse or more proportion the punishment.  
That we may hasten to our purpose: Had there not been found matter and cause enough for the banishment of Mr. Lilburn in Primates business; Nevertheless, as 
z Had not Adonijah asked Abishag the Shunammite to wife, his attempting before to be King had been forgiven and forgotten, but doing this later, his former acting comes into question, and for it (specially) he lost his head.  Solomon put Shimei to death for going to Gath, considering the fowl abuses done before to David. So this Act was justly made against him for being a false witness, he having formerly committed much Treason against the State. Now whereas it may be objected, that Mr. Lilburn was acquitted by his Jury. We answer, so was Shimei pardoned by David, who could do it, and did it upon Grounds of Justice & Reason, whereas that 
a The law saith (but they understood no law grounded upon Beason and Equity) satius esse impunitum relinqui facinus nocenti, quam innocentem damnari. Ulpian Jurisc. in Pandect l. 48. Tit. 19 leg. 5.  Jury had neither Law, Equity, nor Reason for what they did.  
Now to the matter; which is to show and prove, that no man hath more deserved to be banished out of the Commonwealth of England, for Grand misdemeanours against the Republic, than Mr. John Lilburn.  
1. It is well known to all those, who either know the man, or have heard of his practice, that he is a professed 
b Like Aglutaidas, who was never better pleased then with displeasing others, nor ever relished any dish better than what was distasted by others.  Enemy to every present Government whatsoever it be: As the Rainbow is never on that side of the world, that the Sun is, but wheresoever it appears, it is in opposition against the Sun: If the Sun be in the East, the Rainbow is in the West, etc. Such an Opposite and Antagonist (for all the world) is Mr. Lilburn to all Forms 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 than he? how violent was he against the House of Lords to have them down, and plucked up root and branch: And 
c Custom and use, makes those fashions which at first seemed very ugly and abominable, to be accounted very good and commendable. 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 himself 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 crossed him in carrying on his own Interest) to rail against it, and to seek the overthrow and ruin thereof.  
At his trial the other day, he openly said; That the Parliament 
d Quere: What Parliament was it, that he writes against in these following words? We are sure it was some Parliament before the King's head was cut off; Truly Sir (saith he) give me leave to tell you, without fear or dread, 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 done Justice and Execution upon those Grand treacherous fellows and Tyrants at Westminster, that have not only tyrannised 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. Jugglers discovered.  before the King's head was cut off, and the Members taken out, were in their purity a gallant Parliament, who were tender of the Liberties, and of the Freedom of the Nation, and walked in the steps of their Ancestors and forefathers, than were the days of their Virginity, and they made good and righteous Laws, etc. But is this true? speaks Mr. Lilburn really and as he thinks, 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 cries up. But we know why he doth it, it is to ingratiate himself among the Royalists and Cavaliers, and to heighten and ripen their malice against the present Power. But can they believe him (sic notus ulysses?) is not Mr. Lilburn so well known to them: and the Antipathy between him and all forms of civil Government, hat should there be a Parliament again, viz. such as there was before the King's head was taken off? of King, Lords, and Commons, do they think that he would be quiet, and live peaceably under it? and not seek to destroy it by what means he could? as he did then, doth now, and hath done against all 
e They who are out of the Temperate 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 pity he is not with them  authority and power ever since.  
Oh that I were made Judge in the Land (saith Absalon! 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 pre-eminence, are always rash and heady Censurers, Despise Dominion, and speak evil of dignities, proud boasters, as what they would do, 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 show more particularly, what an enemy he is to civil Government; harken to what himself hath published to the world, against the Parliament, or Supreme power of this Nation. It is true, his language is so base, scandalous, scurrilous, as we are almost ashamed to express it. For no godly man, no civil man, no man, but Lilburn would have done 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 blood, and blood bounds: 
m Legal fundament. p. 74.  perfidious cruel Tyrants, a company of inhuman and bloody butchers of men 
n Lingua quo vidis? erecturam civitatem, & eandem rursus eversura. , the most perjured, perfidious, false, faith and trust-breakers, that ever lived in the world, and aught by all rational men to be most detested of all men that breath; 
o Legal foundam: pag. 41. 68  A company of thiefs, murderers, robbers, treacherous self-seeking tyrannical men, usurpers of the name and power of a Parliament, most treacherously to do 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 king's 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 Copy, I ask of myself again and again, could Mr. John Lilburn writ thus? Tantaene animis coelestibus irae; what a man that pretends so much to honesty, Law, Reason, Equity. Some report of a people in India, which speak 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 knows what he doth in Reviling the Rulers of the people; its mirth and music in the ears 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 child, a woman a woman. Plutar. So calumniators in reviling the State do exceedingly content such men as malign the same as much as they. Magna inter molles concordia.  humours and base lusts he desires to satisfy. 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 knows its a sacrifice most acceptable to such men, who desire (as himself) to see the Commonwealth ruined.  
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 die for it, much more worthy of death was he, which should curse the Fathers of his Country.  . We find among the civil Laws of Nations, severe punishments appointed unto persons which should offend this way: yea as the case might be, little less than Crimen laesae majestatis: As when it was done out of a seditious design, to cause tumults and Rebellion among the people, by rendering the Governors odious and contemptible to them. The very thing intended by Mr. Lilburn, as he professedly declares himself.  
Again, Neither is he contented to asperse men's persons, but let's out the venom of his mouth against the Government itself. The Parliament he calls, 
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 sense either upon the principal of Law or Reason, but 
z Arraignmen. p. 8.  a company of usurping Tyrants, and destroyers of our Laws, Liberties, Freedoms and properties: 
a Picture of the Council of State, 2 Edit. p. 14. 17.  a tyrannical and arbitrary new erected robbing Government: A dead stinking carcase: 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 pass, are declared and protested against, as not binding to the people. 
c Outcry of the young men, pag. 11.  Again, Never will we by popular Petitions address ourselves 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 trial he spoke it openly, the Parliament that made the Act of his banishment, was 
d Here the Proverb is verified, 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 King's head was cut off, 
e Hue & Cry, pag. 35.  whose death in Law unquestionably put a period to the Parliament. They have filled the Land (saith he) with their mocked or pretended Magistrates.  
It was 
f Eugm: Baron: Jure consu: l. 1. p. 120.  a Law among the Romans that whosoever passed not into their City through the gates, but attempted to break thorough the walls, or to climb over, they should be put to death. But how much more had he deserved to die, that should have broken down the walls, burned the gates, and so brought in the enemy to destroy the City. That which Mr. Lilburn hath been a long time struggling for, it is to throw down the present walls & 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 spoke half 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: Damn 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 intolerably to be reproached? What infinite massacres, murders, robberies, insurrections have been committed, in Kingdoms and Commonwealths by far less occasion than this given to the people of this Commonwealth?  
When Demosthenes would set forth the improvidence and incircumspection of the Athenians, presented to them an innocent Fool, who being smitten on the cheek, laid 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 himself from further blows. Those that are in Supreme Authority, when they shall hear themselves publicly 
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 Government is tyrannical, usurped, or unlawful, or that the Commons in Parliament assembled, are not the Supreme Authority of this Nation, that Every such offender shall be taken and judged by the Authority of this Parliament, to be high Treason.  proclaimed, a pack of juggling knaves, butchers of men, bloodhounds, their Authority not only questioned, but denied, and said to be no Parliament, but a Juncto, a mock-Parliament, a company of usurping Tyrants; and the people loosed and dissolved from yielding any further duty or obedience to them. (Just as the Popes used to do by their Bulls and Breves, when they deposed Princes, and discharged the Subjects of their Allegiance.) 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: Wendol: Inst. polit. l 3. c. 2. p. 492.  Innocent fool, Idiots, Silly-bodies: or like the Gymnosophists, whose manner was when they were molested with Wasps, and other stinging flies, not to stir, 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 look after those things, and to punish as the Authors of Treason, so the 
k Agentes & consentientes pari poena puniuntur. Danaeus in 1 Tim. c. 5. v. 22.  partakers likewise, who wrapped themselves by unrighteous verdicts in the sin and guilt of Treason: Howsoever the Magistrate (
l Sane lentus in suo dolore esset. Reipub: injuri as ne largiretur Tacit. Annal. l. 3. p. 109.  saith one) may be as slow as he pleaseth in punishing injuries committed against his own person, yet he ought not to pardon such as are done against the Commonwealth: 
m Unhappy prosperity first histo: pag. 180.  A Magistrate (saith another) who hath discovered a Conspiracy, and seems fearful to remedy it, is as faulty as the Conspirator himself.  
But to proceed: Neither hath Mr. lilburn's 
n As the swine spareth not his mouth from any filthy and unclean thing: So he spares none, whatsoever their place, worth, or deservings are.  rage rested here, but it hath as much appeared, and broken forth against our Army, specially the great Officers, and such as command in chief. These are called 
o See his books, viz: The picture of the Counsel of State: England's new Chain, first and second part. The legal foundamentall Laws, Liberties, etc. An Arraignment of Oli: Cromwell, etc. The Outcry of the young men, etc. where all this and much more is expressed.  New Tyrants, perfidious cruel Tyrants, Apostatised Tyrants, Turkish Janissaries, Traitors, Thiefs, Bears, Wolves, inhuman bloody butcherers of men, the scum, riffraff, and trash of the Nation, Insulting Oppressors, men that walk by no Rules or Principles, either of honesty or Conscience; subverters of Laws and Liberties, setters up of the highest cruelty, villainy, slavery, that can be imagined, even Tyranny at the height: Thirsters of the blood of such Soldiers, as are of action, for Common freedom and safety, have enslaved the Commonwealth to their ambition, lust, covetousness, domination; taken away men's lives for no other end, but to make way for an absolute domination; have brought the Land into a more dangerous condition by far than they found it, even the vilest and basest bondage that ever English men groaned under; so that the cruel Tyrant Duke D'Alva, or bloody Queen Mary, are not so bad as these; yea, the King is much more excusable than they; so Hollis and that party.  
Note (Reader,) how Mr. Lilburn here, is semper idem, Can the Blackmore change his skin? In some fenny Countries where people are troubled with Gnats, they use to hang up dung in the midst of the room, as a bait for the Gnats to fly to, and so catch them, as being a net or snare provided for that purpose. We know not whereunto this man's lying, railing, and devouring words, may be more fitly compared, then to such 
p 
Lilburn speaks of his Excrements which he judgeth not mean enough upon equal terms to Balance against Cornet Den, and Jo: Can, Arraignment p. 3. It seems he voids them here, as hanging up his dung for Cavileer-Gnats to stick at.  
It is Evident enough, that the Malignants would not inquire after his Pamphlets, nor read them, if it were not for his railing against the Parliament, Council of State, Army. As for his talk and vapouring about the Law, they regard it not, it's the dung & Excrements which he voids at the mouth that the Malignant Gnats sly to.   a dung-Trap. Indeed he can speak it by experience, of a multitude of Malignant Gnats, which he hath already taken in this snare: in so much as there is not almost a secret Conspirator, a falsehearted Traitor, a fling fire, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, a boutefue (as Nestorius was called) one that seditiously seeks to destroy the Commonwealth, but this serves as a Trap purposely laid to catch them.  
Neither is he satisfied, to call them thus, Tyrants, Murderers, Traitors, etc. altogether, but particularly and personally, the Lord 
q Tunc tu●res agitur paries cum proximus ardet, it had been well if some had remembered it.  Fairfax first (whom the Lord hath made an eminent Instrument of much good to the Nation) him he calls, 
r An Impeachment of high treason, pag. 2.  A great Tyrant, standing by the power of his own will, and a strong sword born by his vassals, slaves, and creatures: having no Commission to be General, either from Law, the Parliament, or from the prime Laws of Nature and Reason. Again, 
s A Salva libertate to Col: West.  The General Lord Fairfax (and his Forces) hath broken and annihilated the formal and legal Magistracy of England, yea the very Parliament itself, and by his will and sword (absolute Conquerour-like) hath most tyrannically erected, set up and imposed upon the free people of this Nation, a mock Parliament, etc. 
t The picture of the Council of State, second Edition, p. 14.  So in another place, the General (meaning the Lord Faixfax) is but their stalking Horse, and a cipher, 
u The people's Prerogative, pag. 55, 56.  one whom they lead hoodwinked to the pits brink of his own ruin and destruction. Again, 
x The legal foundamental liberties, p. 38.  Corah, Dathan, and Abiram, were never such Rebels against Authority, as the General (viz: the Lord Fairfax) and his Counsel are, nor the Anabaptists at Munster: with 
y You mistake the comparison: John of Leiden and John Lilburn are alike. John Lilburn is styled Defender of the faith, An Alarm to the House of Lords, Title Page: And John of Leiden his Title is, Johannes Rex Nove Hierosolymae, Rex Justitiae super universum orbem.  John of Leiden and Knipperdullion, were never more contemners of Authority; nor 
z He forgets here his name sake John Li●istor a Dyer who at the same time took upon him the name of the King of the Commons.  Jack Straw and Wat Tyler, nor all those famous men mentioned with a black pen in our Histories, and called Rebels and Traitors, can never be put in any scale of equal balance for all manner of Rebellions and Treasons against all sorts and kinds of Magistracy with the General and his Council.  
There is a great deal more and worse too, which his licentious mouth hath vomited forth against this honourable person, which is so base and scandalous, as we are loath to repeat it. Flies as they are ingenious to do mischief on grapes, so they are subtle tasters to choose the ripest and sweetest for their : As we had not then in the Army, a choicer man, nor a man more 
a Pejor est detractio in magni nominis viris, quam in plebijs. Aug. lib. 3. cont. Petil.  eminent and faithful than the Lord Fairfax, so he had not in the Land a greater Enemy and 
b Regnorum pessima pestis, feditio.  Traitor to him, and one who more sought his ruin (by raising mutinies and seditions perpetually amongst the Soldiers) than John Lilburne: he was no other but 
c As the fire-fly leaps and danceth in the fire: so it was matter of joy to him to see Commotions in the Land.  a fire brand where he came; and this the General well knew, and might have said; 

d Lucan: l. 9  Noxia serpentum est admixto sanguine pestris,  
Morsu virus habent, & fatum in dente minantur.  
So hurtful are the Serpent's teeth,  
They pestilent the blood  
Of man in biting, and his death  
Can hardly be withstood.   
Now howsoever the General, according to his place and power which he had, might have prosecuted things against him, yea have tried him by a Council of war, for many apparent Conspiraoys and Treasons against the Army, and Commonwealth, and proceeded accordingly. And this he might have done, upon the Rules of Justice and Reason, grounded upon the Law of God and Nature: For it is an undoubted Rule in 
e Joh. 11.50. & 18.14.  Divinity and policy, that it is more expedient that one man die, yea ten, an hundred, a thousand, than the whole Nation should perish: 
f Melius est ut pereat unus quam pereat unitas. Aug. Melius est & justius, unum pro multis, quam pro uno multos mori. Sueton: in M. Salu: Otho.  Better one, then oneness: 
g Vre, seca ut membrorum potius aliquod quam totum corpus intereat. Cic. Phil. 12.  Better one corrupt and putrified member be cut off, then that the whole body thereby should be infected and destroyed. And the Law saith; 
h Frequentius vivi sectione parts, eminentioribus locis suspendendas. Clau. D. num. 8. Damhoud.  Conspirators against the public peace are to be cut asunder alive, and the parts of their bodies to be hanged up in the most special places of the Land.  
Howsoever (we say) the General might thus have done, yet he let him alone, being for disposition and quality of mind, the same which the Poet ascribed unto Caesar. 
Est piger Ad poenas princeps, ad praemia velox,  
Cuique dolet quoties Cogitur esse Ferox.  
To punish slow, to war all speed doth make,  
A Prince, who grieves, though forced revenge to take.   
So again for his Excellency the Lord Cromwell, how 
i Some writ of spirits who will throw down stones upon men, but their blows do no hurt to them whom they hit: It hath pleased the Lord that hitherto his sharp arrows have not hit the General: but are fallen upon his own head: like the Witch that had the disease pass unto her that had bewitched another: thus the righteous is delivered out of trouble, and the wicked cometh in his stead, Prov. 11.8. As some subtle fish while they are laying gins and snares for other fish themselves are taken: so here.  unreasonably he hath abused him, by false and railing Accusations, it is generally too well known: As Nabuchadnezzar, full of fury, commanded that they should heat the furnace one seven times more than it was wont to be heat: so hath Mr. Lilburn done with the present General, made the oven of his mouth a great deal hotter than before: other men had but sparkles, here we have 
k The Jews writ that Rabsheketh was an Apostate from their Church: and by his railing it seems it was so: Let any sober man, read what he hath written against the General, and he will say it was done by one who had cast off both religion and honesty too.  flames, firebrands, and great Coals cast forth, as if his mouth were Aetna, or some other burning Mountain. We think it will be better and more for the Readers satisfaction, to give him some general observations upon the falsehoods and forgeries which he hath published against the General, then to set them down.  
1. It is well known unto all men, who have any knowledge in history, that to asperse men in authority (especially if eminent, and men of public spirits) as to call them Tyrants, Murderers, Traitors, etc. It is an old State destroying Stratagem. Amsolom did do so, and Machiavelli himself hath it: And for example Instanceth one Manlius Capatolinus, who being overcome with envy, and not able to endure the honour and renown given by the Citizens of Rome deservedly to Furius Camellus for his valour, & good service, and the general good which the Commonwealth had thereby received, addressed himself (as Lilburn doth in his reproachful Libels and Pasquil's) to the vulgar people; as well knowing their temper, 
l Municipale vulgus pronum ad suspitiones. Tacit. hist. 11.  how prone they are to suspicion, 
m Vulgus cujusque motus novi cupidum, Tac. hist. 1.  desirous of new motion, 
n Non delectu aut. sapientia ducitur ad judicandum, sed impita & quadum temerita. Cic: pro plan.  judge things headily and rashly, 
o Inopes bonis invident, odio suarum rerum mutare omnia student. Sallust.  envy the rich, and out of a dislike of their present condition, desire to alter all things. 
p Qui nihil sperat desperat nihil.  He that hath nothing, fears not to do any thing.  
Now hereupon (many falsehoods and calumniations being raised up by that Incendiary,) the people ran together, make head, fill all places with tumults and uproars; and no doubt great mischief would have followed, had not the Senate created a Dictator, who by Examination plainly found out the Treacherous Conspiracy of Manlius.  
The like 
q Machiavelli discourses, lib. 1. c. 8.  he reports to be frequently practised at Florence (his own City) 
r Envy is like certain flies called Cantharideses, who light specially upon the fairest wheat and most blown roses: Such as this Nation hath had most cause to love, have been most hated.  Such men (saith he) as had served the State best, and been employed in the greatest affairs, were most slandered: of one, they said, he had rob● the Common Treasure; of another, that he had not performed his trust in the Army: of another that through Covetousness and Ambition had sought his own Interest. Hence grew hatred, thereupon division, from division to faction, from faction to ruin. Again a little after; And this Course (saith he) namely, to 
s The Hieron endeavoureth to fly above the Falcon, and to wet his wings with her Excrements, to make him fly heav●ly, & make his purpose unprofitable: So Incendiaries, by falsehood (as the excrements of their tongue) seek to eclipse the honour of other men, thereby to advance their own.  raise up false reports against men in Authority, is a ready way, whereby many do serve themselves, as steps and helps to their ambitious ends. For being to encounter with powerful men, they make the people their friends, by telling them, they will take their part against the Tyrannical usurpation and Encroachments of Great Ones, and procure their Rights and Freedoms out of their hands. If we compare former things and persons, with things and persons now, we shall find that saying most true; There is nothing new under the Sun: 
t 
Those that will compare the plots and designs of former Incendiaries with Lilburn & his party, may see some odds, as thus.  
1. The several kinds of treacheries which have been acted by divers men, he himself hath done.  
2. No man that hath so openly sought the ruin of State, hath escaped so long from punishment.  
3. Few have enriched themselves by seeking the overthrow of another, so much as he hath done.   As were the Plots, Conspiracies, and Treasons of bad men heretofore, both to the designs, and the carrying of them on; namely, to asperse and belie men most eminent and best deserving; and thorough their side, have sought to destroy the Nation: So it is now, the very same imitated and practised, by Incendiaries, Mr. Lilburn being an Artist and deeply Learned in this Machiavillian Mystery, as all his writings (almost) loudly speak it out, being by any impartial, unbyased, and judicious Reader looked over.  
2. Those that do desire, and seek to hinder the peace of a Nation, by raising commotions and hurlyburlies among the people; their manner is, to Cry up, the sweet, plausible and much taking name of 
u Palam speciosa protexunt nomina & libertatem praeseferunt durumque & invisum servitutis jugum detestantur. M. Frid. Wendellin. Instit. Polit. lib. 3. c. 2. Thes. 8. p. 494.  LIBERTY, A FREE PEOPLE, Complaining against arbitrary Power, Tyranny, Oppression, pretending much to stand for the Fundamental Laws, Liberties, and Interests of the people. And indeed this is a 
x It was truly said of the Orators. There is nothing done so evil, but with fair colours a man may defend it, witness these men who have hid (as a dunghill under snow) the greatest Treason that hath been committed under the Sun.  snare so cunningly laid, as many honest and well meaning persons, have sometimes unawares been caught in it. Thus the Pazzians at Florence, to draw the people to their base Conspiracy, Cried out in the Marketplace, Liberty, Liberty, but (plus aloïes quam mellis habet) had they joined with them, the Citizens from liberty and freedom had put themselves into absolute slavery.  
So John of Leiden, and the Conspirators with him, laid this down as Motives unto others of Rebellion, 
y Sleiden Comment. lib. 5.  Free Commoners, an Equal and just Government, every man alike in respect of 
z 
Libertatis instaurationem & vindicias subditorum a jugo & Tyrannide profiteri ausus. Spenhem: disput.  
Nec destituerint de magistratibus tyrannide paratragaediare & inculcare plebi, omnia natura libera esse & Communia; excutiendum esse principum aeque Romani jugum, & quia illi blandis monitis haud quaquam cedent, sed bona & capita subditorum libidini suae vectigalia esse velint, justissimis armis in omnibus vincicandam esse, quod omnium esse deus voluerit. Ibid.   liberty, freedom, and safety, the yoke of oppression to be shaken off: and for this they might lawfully take up Arms and resist the higher Powers. And this so well pleased the seditious multitude, as following their Leaders in Rebellion and Treason against the State, they come at length (when it was too late) to see and acknowledge their great insolences, when deservedly they fell under the hand of Justice.  
Our own Histories yields us plentiful of Examples in this particular: seldom hath there been an Insurrection in the nation, but the Fomenters thereof, have sutly conveyed into the hearts of the people, the poison of their tongues and pens this very way. Thus 
a Holins. Edw. 6. 1034.  Kets Rebellion was occasioned under pretence of Liberty and safety to the Country: So 
b Holins. Hen. 6. pag. 632.  Cades, that it should be profitable to the whole Realm. So 
c Martin Rich. 2. p. 111. Holins. Hen. 4. p. 529.  Jack Straw and Wat Tiler, all was for Liberty, and to redress public abuses: Hence they styled themselves, The servants of the Commonwealth: So the Rebellion in the North several times, it was for Laws, Liberty, public safety to suppress oppressions, etc. Here you may see as in a glass, Mr. lilburn's design set forth to the life, his endeavour hath been a long time to ruin the Nation (especially ever since it was a Commonwealth) by 
d Non aliter salvos & incolumes se esse posse existimarit, nisi in publicis calamitatis.  a principal which he hath learned from the practice of old Incendiaries: Oh what a noise makes he and his party about Magna Charta, Petition of Right, the fundamental Laws and Liberties of England, etc. insinuating all are taken away, Every freeborn Englishman is now a slave, so that there lies a necessity upon all the people of England, upon the 16 of Octob: to take up Arms and destroy the present Government, etc.  
They which hawk for birds, do of purpose make a stolen of the Owl; and so the silly birds, whilst they come flicking about her are taken unawares: 
e In Newrie in Ireland certain old women used to make a fire in the field where divers little children drove out cattle in the cold mornings, and coming to warm themselves were by these surprised, killed and eaten. Seditious persons & their designs are like those wicked women and the fire.  Such a thing is Mr. lilburn's seditious railing against the Parliament, the General, and Army, as sending forth a hue and Cry after the fundamental Laws and Liberties of England. An Impeachment of high Treason against Oliver Cromwell, etc. Instigating the people to take up Arms for their Laws, Liberties, lives, proprieties, etc. Now note Reader whilst they are looking on this, and wondering at the strangeness of it, (it being a night bird, and shunning the light) are suddenly surprised by the fowler, who hath laid such a trap purposely to take them by.  
3. Howsoever such men speak aloud of Common freedom, liberty, native birthright, complain against Oppression, Tyranny, arbitrary Power: yet it is well known, all this hath been but a politic pretence, and a weapon taken up of 
f There goes a story among scholars of Aesop's deceiving Mercury, he having promised him one part of his nuts keeps all the meat and delivers the shells to the other: So in dividing the spoils of the Commonwealth Lilburn intended to have had the best share, viz. the meat, and the shells should have been given among his followers.  mere advantage, whereby ambitious, malicious, and discontented persons, have fought, (not the public good) but themselves and their own Interest. This might be proved by all Incendiaries in every age and place; so that not to them couldst Caesars sentence be applied, 
g Tu civem patremque geras, tu consule cunctis, nec tibi nec tua te moveant, sed publica vota. Claud. ad honour.  NON MIHI SED POPULO. As men 
h Nihil est utilius aut opportunum quem in a qua turbida ●scari.  trouble and darken the water, thereby to get the more fish: so in making Commotions and disturbances in a Nation, it hath been altogether for advantage sake.  
He that shall duly observe, Mr. lilburn's footsteps for some later years, shall evidently see, that in setting himself against Authority, whereby to disquiet the minds of the people, it hath ever been to carry on his own design. Those whom he thought, have stood in 
i Are not all his complaints which he makes in his printed Books against Sir Arthur: Haslerig in reference to himself. Because he pretends personal wrongs done to himself, all England must have an Alarm, Arm, Arm: As if all our Laws, Liberties, proprieties were lost and taken away from us, when he is opposed & crossed: The matter than is thus: if Mr. Lilburn may have his will and his turn served: the Gentlemen at Westminster shall be a lawful Parliament, and so no need of rising upon the 16 of October.  his way of gain and preferment, or would not comply with his Ends, them he hath reproached and slandered, and rendered 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. Henry 4 of France prepared an Army of threescore & twelve thousand, and made the world believe, it was for Germany to attain unto the Imperial Crown: Whereas indeed he intended to fetch the Princess of Conde from Brussels for his base use.  
In some such way, would Lilburn deceive this Nation, he seeks by slandering the Government, to raise an Army, and gives out, it's to fetch home Magna Charta, Petition of Rights, a legal Magistracy, Cook's Institutes, etc. 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 said of Richard 2. Never was Prince received 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 turned Solicitor, his actings were base and scandalous.  believe him not; for were he once in the head of such an Army, it is to be feared he would march another way, and do as former Mutineers have done (Level all) who pretended as much to Justice, Reformation, and public good, as ever Mr. Lilburn hath done.  
But 4. And to come nearer to Mr. lilburn's 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 Privileges of a free People, runs headlong himself, and draws others blindfold after him into the whirlpool of sedition: He talks much of Fundamental Laws and Liberties, (and many like Parats speak thus after him) meaning (as we conceive) that there are some Laws left us by our forefathers, which like the Laws of the Medes and Persians, must stand, and by no after power or Parliament may be removed: But this 
l He tells us often of Bondage and Vassalage, 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 Laws we will for ourselves. The shoes & other apparel which we wore being children were then fit, but now they must be wider and larger: so Magna Charta & other things were suitable to the people then, but now not so.  is a false Assertion, grounded upon no Reason, Justice, or Equity, a mere dream and fancy of his own head: Indeed Salus populi suprema lex: what is best and fittest for the prosperity and safety of the Nation, that is to be considered, and established by the higher powers then in being.  
The Physicians of our time, will not follow Galen, nor any other, otherwise then in their own judgement they see reason for it: So neither are State-Physitians bound up to Magna Charta, Petition of Rights, or any other former precedent, (which he calls Fundamental Laws,) further or otherwise, than they see the same conducing to the welfare and happiness of the Republic, 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  optima remedia expessimis morbis nata sunt, ita optimae leges ex pessimis natae sunt moribus: Caroli Caesar. Symbolum.  Good Laws are made from bad manners. As for Example, if the State shall see, that to try an offender by a Jury of twelve men (a thing practised a long time with us) be dangerous to the Commonwealth, and much corruption and Injustice is committed this way: they may, yea and aught 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 Common-wealth flourish, there must be wisdom & prudence, as to what Laws are made and executed.  is better and more for the safety 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. lilburn's Out Cries against the General, will appear to be wind and vanity. For neither is his Excellency, 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 show us, that we may not lay aside all the old Laws and make new. Magna Charta, Liberty of Rights, Cooks Institutes, speak nothing to the Question; They must prove that we and our posterity, (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 Laws of the Nation, but (upon Grounds of liberty, and being a freer people than ever our forefathers were) they may Establish new and others in their place. So again for his filling of men's ears with Remonstrances, Declarations and Petitions of the Army, at New Market, Triploe-heath, etc. As to what hath been promised to be done 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 liberty, safety, good Laws, etc. He that promiseth a man six pence and gives him a shilling, breaks not his promise, but is better than 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 engaged for the Liberties of this Nation, it is well known, and how instrumentally he hath been 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 say shall be applied more truly to him.   Instrument, to put this Nation into more freedom, and establish in it better laws then formerly were thought of, here is no breaking of any Engagement, but a doing more than was before promised.  
When Nero was like to lose all, and himself too, nothing troubled him so much as that his skill was impeached in playing; Quantus artifex pereo! saith he; No doubt it vexeth Mr. Lilburn not a little, to hear that our Laws are likely to be altered, which are (as the Lawyers handle them) like a Dutch man's hose, to be worn up or down, turned any way: And Mr. Lilburn knows this well enough, having gotten so much skill in the doubtful and double sense thereof, as he dares speak and write Treason familiarly, being certain he can prevail with 
r It was spoken by one of the Jury before the trial: That Right or wrong they had agreed to quit him; who would not stand for such a way of trial.  12 men, whom he picks and chooses, to say as he saith, and not to regard any witness or proof produced to the contrary, if it be against the Commonwealth.  
5. And lastly, As the Accusations which Mr. Lilburn hath published to the world against the General, are malicious, false, and scandalous; so he hath showed himself therein, a person most inhuman and ingrateful. The saying is; 
Arbor honeretur cujus nos umbra tuetur.  
Much honoured of us is the tree,  
Under whose shade protect are we.   
Many great favours hath the General shown him: observe what he saith himself; 
s Jonahs' cry out of the Whale's belly, pag. 2.  I must confess you took compassion of me in my bonds and chains, even when I was at death's door, and was princimental in delivering me from the very gates of death in Anno 1640. and setting me 
t We read of a Stork that cast a pearl in the bosom of a maid which had healed her of a wound: Mr. Lilburn confesseth here, that the General under God did heal him and help him: but how hath he required him? instead of pearls, cast serpents, snakes, firebrands at him; thereby to have destroyed him if he could.  free from the long and heavy tyranny of the Bishops and Starr-Chamber, even at that time when I was almost spent, and many particular respects since then, and a large token you sent me since I came, etc. This was an Act of so much goodness and love, as a man of ingenuity and gallantry would never have forgotten it, at least never have abused so precious and loving a friend: But this is not all; he tells us more; 
u A just reproof to Haberdasher's Hall, pag. 6.  At the Lord General Cromwel's coming out of Ireland, he was Nobly pleased to get me a Grant of settling Lands upon me for the residue of my money, for which most Noble favour I must and do 
x Quid verba audiam cum facta videam.  hearty declare, and acknowledge myself highly obliged to him. Thus 
y Scilicet ut sulvum spectatur in ignibus aurum: Tempore sic duro est inspecienda fides. Ovid. Tris. ●. 1.  he.  
There are three things here observable, as demonstrating Mr. lilburn's practice to be 
z Mr. Lilburn might have remembered his Case; Damnabitis nunquam, post longum tempus, amicum.  evil above measure: 1. The fowl language which he gives the General: such words as we are confident would not fall from any 
a It seems Mr. Lilburn never read that in the Poet; Stulium est hostem eratare, potentem: atque malum Mavis tumidis sibi quaerere verbis.  mouth but his: hence it is that we purposely still forbear to mention them, because they are so base. 2. How he renders evil for good; a vice abhorrent to Heathens. 3. He hath had no 
b Nullam virtutem magis propriam imperij & potestatis esse quam clementiam, qua qui praediti sunt, vere dij nominantur: Zenophon in Cyr:  provocation or occasion so to do: but being crossed by others in his designs, hath poured out his malicious poison against his Excellency. It is a Riddle to many, seeing the General (as he confesseth himself) hath been so real and helpful to him, & never wronged him at any time (
* And if the General had not done so, it might have been said, (and no less could have been expected) Barbarus heu cineres insistit victor et urbem Eques s●ante verberebit ungula: The victor rude upon our graves doth tread, our City is with trampling horse o'erlaid.  unless it were to quench the seditious fire which he endeavoured to kindle in the Nation) what should be the cause of his special spite and malice against him: But here we see it to be true which a learned man well observes, 
* Guicciar: hist. l. 1.  That it doth not always come to pass in taking away the occasions, the effects do cease: for this man hath not ceased his railing and false accusations against the General, though all occasions have been taken away both first and last. The Crow follows the Eagle with crooking, and daring him as it were: but the Eagle lets her alone, keeps on his course as seeming not to observe her: Whosoever shall read Mr. lilburn's books published, either before he went into Holland, or there, or since his return, may perceive what the man's intent and desire is; namely, by daring and insolent words, to provoke the General to some personal quarrel with him, and to become his Enemy whether he will or no Now whereas in all this, the General is 
c Nihil est laudibilius, nihil magno & praeclaro viro dignius placabilitate atque clementia. Cic:  silent, lets him alone, seems to take no notice of his false aspersions, but exerciseth patience, as in reference to himself and his own particular wrongs: in this (we say) he Acts according to a Christian, and shows one of the best and choicest quality and virtue belonging to a General. Neither in this doth he walk alone, but men in the like place of power and command have done before the same: Of Theodosius, Arcadius, and Honorius we read, that they would have no man punished for speaking evil against their persons. 
d Quoniam si illud ex lenitate processit, contemnendum est: si ex insania, miseratione dignissimum, si ab injuria, remittendum. Luni Siquis Imp: Maled: lib. 9 Cod: Tit. 7.  For (say they) if the thing proceed of rashness, it is to be contemned, if from madness, it worthily deserves to be pitied: if of injury it is to be forgiven. So Titus Vespasian, though a heathen, yet went beyond most men this way, as thinking that 
e Nemo me injuria officere, aut insequi contumelia potest: proptereà quod nihil ago quod reprehendi mereatur: ea verò quae falso de medicuntur, prosus negligo. Melior est venia quam vindicta. Perdere posse sat est, si quem juvat ista potestas.  No man by his tongue could do him hurt, or fasten a reproach upon him, as not doing any thing whereby men might justly speak evil of him, and for what they spoke falsely and untruly of him, he regarded it not. We do not speak this, as if the Law hath not made provision against slander, we have formerly shown the contrary, but in that the General hath hitherto been dumb and not opened his mouth, as to Mr. lilburn's personal abusing and reproaching of him. In this we think he hath done very well, and therefore do mention such good Examples of other 
f Quo quisque est major, magis est placabilis ira: & faciles motus mens generosa capit. Naso Trist. l. 3.  Great men, who have done the like before.  
Having showed what Mr. Lilburn hath Acted against the Parliament, the Lord Fairfax, the General, and chief Officers in the Army: we come now to speak of the End, or his Grand design therein. As the Pope first makes Prince's Heretics, then Excommunicates them, and afterward absolves the Subjects from their Allegiance to them: 
g We read of one Monarcho a frantic Italian, who imagined that all the Kings of the earth were his Vassals: surely if Lilburn be not a mad man, yet in his practice he is little less.  So deals Mr. Lilburn with our State: first he makes the persons of our Governors, Tyrants, Murderers, Thiefs, then Excommunicates them, and 
h Quere: Whether Lilburn can prove that he can do all this lawfully, by Magna Charta.  cuts them off, as being no lawful Authority. Afterwards proceeds to Absolve and set Free the people from yielding obedience any more or further to them. But howsoever, in one thing here, he is worse than the Man of sin, and shows himself to be more, the lawless one: For we do not find that openly and avowedly the Pope doth desire, that those Princes declared Heretics, and Excommunicated by him, should be by the people afterwards murdered and put to death: what he secretly and closely doth is another thing; But such 
i Speaking of himself he saith; My soul abhors to do that which doth not become a man of gallant noble & heroic mind. And in another place, He will not be single but double John Lilburn. Doth he not here make his say good?  a bloody Tenent is avouched by Mr. Lilburn, that whomsoever he makes State-Hereticks, and casteth out, are to be destroyed (Quicunque vult,) 
k Impeachment. pag. 7.  whosoever is able may lawfully do it: and so much we shall prove from his own mouth, with the several ways which he hath used to effect it.  
1. By instigating the people 
l A Declaration of the free Commoners of England, touching their Engagement.  unanimously to resolve and engage one to another, 
m Fundamental Laws, p. 44.  not to side nor fight for the Cameroes' foliries and pride of the present men in power: But to 
n Fundament. p. 41.  apprehend them as a company of thiefs and murderers, and for their present usurpation having plucked up by the roots all legal and visible Magistracy in the Nation: yea and justly may they be dispossessed by the first that are able to do it. O famosum spectaculum, said Hannibal, when he saw a pit of man's blood: so Valesas when he had slain thirty persons, O rem regiam. The proverb went of Draco, that he wrote his Laws not with ink, but the blood of men: It seems nothing will satisfy this man, but 
o Had his treason taken effect, England might have said; Venit summa dies: & ineluctabile tempus dardaniae: fuimus Tröes fuit ilium & ingens gloria Teucorum: ferus omnia Jupiter Argos transtulit: Incensa donai dominantur in urbe, Virgil: Aeneid. lib. 2.  destruction of Authority. Again, Soldiers as well as others, are called upon, to 
p Picture of the Council of State, p. 14.  rise up against the Parliament, as so many professed Traitors, Thiefs, Robbers, and highway men, and to apprehend, secure 
q Galen speaks of a maid called Nupella that was nourished by poison; it seems the poison of Treason will not hurt this man.  and bring them to Justice in the next Representative: This is called, 
r A Declaration of the Free Commoners of England  a coming into the way, and setting themselves with the utmost courage and Resolution to free their distressed Country from the fears and captivity it now groans under. Was there ever 
s The idols of the Samoeds have their mouths and eyes bloody: such a countenance hath this man, fierce and terrible to look on.  greater insolency offered to a State, or more desperate Treason ever spoken? Among the Virginians he is the most gallant, that is the most monstrous to behold: It is no marvel that Mr. Lilburn by some, is so much commended as to be (Iste vir) a Nonesuch, surely there is hardly another that is so monstrous in seeking to embroil the Nation in blood. But let us see how this is to be effected: the manner and way: Thus it is ordered: We resolve with our 
t An Outcry of the young men and Apprentices of London, pag 9, 10.  Burford Friends, or their Commissioners (running all hazard) to methodise all our honest fellow-prentices in all the Wards of London, and the out-parishes, to choose out their Agents to join with us or ours: to write Exhortative Epistles to all the honest Freemen in England in all the particular Countries thereof: to erect several Counsels among themselves, out of which we shall desire and exhort them to choose Agents or Commissioners (empowered and Entrusted by them) speedily to meet us and the Agents of all our Adherents at London, resolutely to 
u Sugared poisons go down pleasantly, oh but when they are down they gall and gnaw and gripe the very heartstrings asunder, if there be not extraordinary remedy: Thus it was with those Burford Soldiers, who by his occasion chief, were drawn to mutiny, ah how heavy did the remembrance of their former sin lie upon their conscience, as rendering them liable to the wrath and displeasure of God: as they sadly confess in their Petition to his Excellency, subscribed by 340.  consider of a speedy and effectual method how to promote the Election of a new and equal Representative or Parliament. Thus he.  
Howsoever this was a cunning design, and the more likely to take effect, by reason he had before rendered both the Parliament and Army, odious to the Nation: Nevertheless the Lord in much mercy to his people frustrated it; to the shame of the Author whilst he lives.  
But 2. The former design not taking effect: the next was, to make division between the Parliament and Army, as sometimes reproaching the Parliament to the Army, otherwhile slandering the 
x See England's new Chain first & second part, where so much is practised to the full.  Army to the Parliament: thus like 
y Note a speech of M. lilburn's, He that would not have others t●l have Law, why should he have any himself? why should not that be done to him that himself would have done to others? Preparative to hue & Cry, p. 7 He hath sought without Law to murder other men, Ergo He hath endeavoured by falsehoods and slanders to undo others, Ergo, Heu patitior telis vulnera facta meis.  a makebate or firebrand, whilst he goes between them two, seeks by sowing sedition to ruin them both. It is said of Cato, that he would usually make contention between his servants, and keep them so, because he thought their agreeing together would be some hurt and damage to him; Mr. Lilburn well knew, it was an obstruction to his Conspiracy, whilst the Parliament and chief Officers in the Army held a good 
z He knows that discordia est ordinum Reipublicae venenum, & therefore spits it at every word.  accord: And therefore night and day endeavoured to sow dissension between them. Hence it was that he and his Confederates petitioned the Parliament, that they would 
a England's new Chain, pag. 6.  appoint a Committee of their own Members, to hear, examine and conclude all controversies, between Officers and Officers, and between Officers and Soldiers. Can there be devisd a stratagem more mischievous and treacherous than this? to set them at variance, to the prejudice of both, and ruin of the Nation.  
Again, 
b We have mentioned this before now, the truth is, such railing & base language he never durst have used but spes impunitatis magna est peccandi illecebra. Tull: pro mil.  It is (saith he) as visible as the Sun when it shineth in his glory and splendour, that Korah, Dathan, and Abiram, of old were never such Rebels against Authority, as the General and his Council are, nor the Anabaptists at Munster, with John of Leiden and Knipperdullion, were never more contemners of Authority, nor Jack Straw, nor Wat Tyler: nor all those famous men mentioned with a black pen in all our Histories, and called Rebels and Traitors, can never be put into any scale of equal balance, for 
c Machiaevel Doctrine is, He that will effect any thing by slanders and falsehood, must-charge, home, which Lilburn hath learned it ad unguem.  ALL MANNER OF REBELLIONS AND TREASONS AGAINST ALL SORTS AND KIND'S OF MAGISTRACY with the General and his Counsel. It is said of one, That he had the best weapons, but did the least Execution: no man (no not any of the Traitors and Rebels whom he names) ever went beyond him, namely, in seeking to have put the Commonwealth into war and blood: but praised be God, 
d Hitherto the p●t which he hath digged for others, he hath fallen into himself: and justly; for Qui vendit vanos circum palatis, fumos subdolus: hunc fumo nonne perire decet?  his wickedness hath not prospered, which is no small vexation to him and his party. It is well observed of 
e Ambitiosi ali quot homines qui privatim degeneres, in publicum exitiosi, nihil spe, nisi perdiscordias habent. Lips: polit. l. 6. c. 4. p. 266.  Lipsius (and true here) Many ambitious men (being private and of little worth) are mutinous and seditious in the Commonwealth, as having no hope but by divisions and discord to raise themselves. But in the mean time it is forgotten, that 
— Raro antecedentem scelestum,  
Deseruit pede paenae claudo.  
Seldom Revenge, though slow of pace  
Leaves ill foregoing men to trace.   
3. And a threefold Cord is not easily broken. Mr. Lilburn well perceiving how much it conduced, to the safety both of the Army and Nation, whilst there was peace and concord between the Officers and Soldiers: for by this, they 
f Concords fueritis validi invictique manebitis: si verò discords, imbelles, & imbecilles facilesque expugnatu futuri. Pluta●. Again, Concordia Victo riam, discordia praebet excidium. Tiresias.  remaine-strong and unconquerable, whereas disagreeing, they were unwarlike, weak, and easily to be overcome: he puts himself therefore among the Soldiers, and here he leaves 
g But here Lilburne cannot say, Labour omnia vincit: But nihil labour, aversante furtuna, prodest.  no stone unturned, no path untrodden, no means unattempted to destroy the soldiery, by making division. To follow him here in all his wind, turn, and close Conspiracies, it is impossible (surgunt de nocte latrones) what is come to light, we shall only report.  
1. He and his Confederates cry out to the Soldiers to revolt and cast off their Commanders 
h The bloody project, p. 14. Jugglers discovered, pag. 12. . Let not the covetous, the proud, the bloodthirsty men sway over you, fear not their high looks, give no ear to their charms, their promises or tears, they have no strength without you. FORSAKE THEM, and they will be strong for good, adhere to them, and they will be strong to evil.  
Again, Those proud hypocritical Officers that are amongst you, that are against freedom, and would do the work of the Lord by halves. PUT THEM OFF, and choose honester in their room, and the only way is to take down their great pay, and let them serve as you.  
And a little after; If you be wise, 
i The Soldiers which served Marcus Antonius fell unawares on an herb which greatly distempered their heads. Mr. lilburn's projects among the Soldiers was some such herb, for it put them into such a frenzy as they forgot their duty both to God and their Country.  march not out of London, nor undertake for Ireland, or any other service, till there be set up a new Representative of the Army.  
Is there not here good counsel? could there be worse broached by any Malignant of the King's party? or the most treacherous Enemy we had in the world, as tending more to a public ruin? No marvel Mr. Lilburn is so hug'd by 
k No doubt but his Jury, both the former and later know this well enough, and therefore could not in their Conscience find him guilty, to wit, for doing that which themselves would have done, but that Oderunt peccare mali formidine poenae.  Cavaliers, and taken into their bosom, he having acted for them, and against us more treacherously than any among them ever did, or durst.  
But again, 
l The hunting of the Foxes, p. 24.  all English Soldiers (say they) that have the least spark of 
m Aliquid la tet quod non patet.  true love to themselves and their Country's freedom, are bound to unite themselves against those Apostates, those Jugglers and Traitors to the people, those that are the Levellers indeed: For what have they not leveled? There is no trust or confidence any more to be had in them, for they have broken their faith with all parties.  
Thus are the Soldiers stirred up to insurrrection: And as tinder doth easily kindle, when fire comes to it so were the Soldiers (at least many of them) ready to mutiny assoon as those Firebrands of his were thrown in amongst them 
n 
A Declaration of the proceed of his Excellency, p. 6.  
But those Soldiers in following the treacherous counsel of Lilbu●n and others, repent for it at last: Note what they say in their Petition to his Excellency subscribed by 340. Your Petitioners are very sensible of the odiousness of our fact how liable it renders us to the wrath and displeasure of God, how destructive the same might have been to the being of the Nation, and the good and welfare of the other two, and therefore cannot but acknowledge the sentence of death passed upon us by your Excellency and the Council of War very just and equal. And a little after: It will very much magnify your Excellencies Christian temper in receiving such detestable offenders to mercy. Foelix quicunque dolore Alterius discit posse carere suo. Tibul.  . By this means many of Commiss. Gen: Ireton and Col: Scroops Regiments were occasined to revolt and cast off their Officers (an act not to be paralleled) and as their business began to grow to a head, they sent their Emissaries and Agitators to all parts (as we have good intelligence) pretending from on● Regiment to another, that each Regiment had declared, that so by that Artifice they might draw each to declare. To the Forces in Wales and in the West they gave assurances that the Forces about London would revolt; and to those about London, that those in Wales and the West would do the same: And to the Forces in the North used they the like Arguments, and nourished also the distemper of the Forces in the South. But 

o Hor. Epad. 7.  Quo, quo Scelesti ruitis? aut cur dexteris  
Aptantur enses conditi?  
Parumne Campis, atque Neptuno super  
Fusum est Britanni sanguinis?  
Ah wretches! whether hast you, to what end  
Do your right hands to sheathed swords descend?  
Is there so little yet of English blood  
Poured on the Champion fields or Ocean flood?   
Was not here a fire kindled, and likely to have been a flame, in which our liberties, proprieties, and lives had even at once been consumed to ashes? As the clock never stands still from running so long as the pieces and plummets hang thereat; such a thing was Master Lilburn in the Army, a constant MOVER of the soldiery to sedition in one place or other. But to proceed.  
These soldiers being revolted, hereupon 
p The unanimous Declaration of Colonel Scroops and Commissary General Iretons Regiments at a randezvous at old Sarum, May 11. 1649. Note Reader, how many falsehoods are here declared in a little. 1. It was an untruth that they were sensible of the people's burdens, for than they would never have taken that mutinous way whereby to put the Nation to more charge. 2. It was untrue that they regarded the sad condition of Ireland, for they were the principal men that refused, and discouraged others from going 3. It was an untruth that they sought the people's ease; for they sought themselves, as to fish in troubled waters.  they unanimously declare (not otherwise then as they had been taught) what was the end of their Conspiracy and Insurrection: Namely, to free themselves out of the hand of Tyrants. All their endeavour shall be for the settling of this poor Nation, and the restitution of their shaking Freedom. (The same pretences which Jack Straw, Wat Tyler, Cades and the Munster Rebels used) They are forced (here they left out Mr. Lilburn and some others, whom they might have named as the Forcers) to deny obedience to such tyrannical Officers, whose unsufferable proceed tend manifestly to the obstruction of peace, the hindrances of relief from Ireland, the enslaving of the consuming Nation. And howsoever they shall be burdensome to some places and persons for meat and drink, yet that may be well born withal, seeing they seek the people's ease 
* Birds in the Fable, seeing the Fowler with Beads in his hand, and his eye looking up to heaven, are said to speak one to another: We must not regard his eyes nor his beads, but the blood & rapine that is in his hand. The moral is rightly appliable to these men.  and their freedom from those intolerable burdens lying on their shoulders whereof they are very sensible. Thus they.  
Timotheus, Alexander's Harper, when his Master was at a Banquet, played such an Alarm or assault as caused the King to forsake the Banquet, and take his Armour: so that his spirits remaining vanquished or overcome, he was constrained to obey the harmony that proceeded from the instrument. The Reader may here perceive, how to the life Mr. Lilburn and that party can skilfully play an Alarm of Rebellion unto the Soldiers: For as overcoming those low spirits, they have been in a manner 
q According to their saying before.  FORCED to cast off their Commanders, and to follow the charming Music which they have made: And it will not be amiss if we here set down some particulars whereby they have occasioned the Soldiers unto such Revolts.  
1. As it is truly said, 
r A Declaration of the proceed of his Excellency, pag. 6.  their foundation was laid of lies and falsehood, wherein they have not been inferior, if not beyond those Enemies we had last to deal with. He that shall peruse the very worst which hath been spoken or published against any Army-Officers in any age of the world, shall not find more scandalous, horrid, and base things charged upon any, any where 
s Male facere qui vult, nusquam non causam invenit, & canem ut caedas facile invenias baculum.  then Mr. Lilburn and his party have cast upon ours, whom the Lord hath most eminently honoured & blest by his presence with them wheresoever they went. As Nero, when he hurled the Christians to dogs, seeing the Mastiffs would not touch them, he clad them in Bears skins, to kindle the fury of the dogs, that they might take them to be beasts and not men. Just so hath been their practice, to set the Soldiers (as dogs) on their Officers, to devour and tear them in pieces; first they would cover them with the Bear's skins of their false and slanderous tongues, as not regarding what they said, nor how untrue their accusations were, so they might trouble and disquiet the minds of the Soldiers, and move them to faction. And to say the truth, so 
t The truth is Mr. Lilburn with his tongue and pen hath been such a constant slanderer, as few (Malignants excepted) but have counted him a most seditions person, and amongst the godly that know him, was cast out as unsavoury salt. It had been well for him, had he remembered Omnia si perdas, famam servare memento: qua semel amissa, postea nullus eris.  excessive have their tongues and pens been let lose in this way of slander, that had not the Soldiers evidently seen, and been satisfied, what was reported of their Officers was false and scandalous, and taken up as a design to divide the Army, there could not have been that lasting agreement between the Commanders and Soldiers as there was.  
2. In carrying on of their stratagem to divide the Army. Their practice was, when any of the Soldiers (harkening to their 
u Bonitatis verba imitari major malitia est. Publ.  Counsel) acted any thing treacherously and dangerously against the Army, highly to commend and justify such mutinous and seditious persons; calling them 
x English new Chain, second part, p. 14. 9  honest and worthy Soldiers, the good men in the Army, the honest Nown-substantives 
y People's Prerogative, pag. 42. , men most conscientious, and cordially acting for Common-good, and resolved to stand for true Liberty 
z An Out cry of the young men, pag. 12. . Our true Burford friends, who were treacherously and wickedly defeated.  
Thus, how seditious and dangerous soever their do are, nevertheless, to the end, the work of darkness may go forward; these Master Lilburn 
a Whilst an Ass is stroaked under the belly, you may lay on his back what burden you will. Mr. Lilburn knew how to make Asses of some soldiers, he streaks them with one hand, & calls them his white boys, & with the other hand loads their shoulders with the sinking burden of Rebellion.  strokes, and calls them honest men, his true friends (as encouragement and reason enough) to forsake and cast their Commanders off. It was a great honour to Achilles, that his Deeds should be commended and set forth by such a man as Homer: who would not raise sedition in an Army, refuse to obey the just Commands of Superiors, make head against their General, being certain of Mr. lilburn's pen and hand, ready to defend it, and to justify it to the world, though an act not to be paralleled, (as the General truly said) for the horridness of it.  
3. To make good what we have before asserted, viz. that none have more endeavoured by division to destroy an Army, than Mr. Lilburn Cum socijs, have sought to ruin OURS. This appears further by their urging and instigating other Soldiers, when their fellow soldiers, for causing sedition have been justly punished, to take severe revenge for it presently upon their Officers 
b The English soldiers Standard, p. 8. . Is it not a shame (say they) that your fellow-soldiers should undergo so slavish, so 
c It is the Jesuits doctrine that he dies a Martyr that dies for his conspiracy & Treason against the State. M. Lil. though no professed Jesuit teacheth the same: But no Jesuit hath openly declared himself such an enemy to this State as he hath done.  severe, and painful punishment, as to ride the wooden Horse, or to run the Gauntlets, and be whipped for small particular offences: and that 
d He blames such Soldiers of whom Lucan speaks, Nulla fides pietasque viris, qui Castra sequuntur, venalesque manus.  you should suffer in the mean time your Officers and Commanders to turn Tyrants, and never punish them at all for it. Is this to take up Arms? when one man being your Commander, may (as the proverb saith) steal a horse, and you will hang a private Soldier for looking over the hedge? For what comparison is there between a private Soldier's offence, and an Officer turning a Bear, a Wolf, a Tyrant.  
Again, suffer this, and suffer any thing; Experience shows, he that takes one 
e Note how he boasteth that he gave the Parliament such a cuff under the ear, as they will not shake off the pain and smart of it: but this they must suffer, only private soldiers must resist, and not suffer any thing, how justly soever they are punished.  box on the ear invites another; and when Soldiers that should be men in all things, stand still and suffer their fellow-soldiers to be thus abused, by a pack of Officers, no marvel if their Officers turn Tyrants, presume to do any thing to any man.  
Here let the impartial Reader judge, how marvellously the power and goodness of God hath appeared in the preservation of our Army: Jehovah Jereh: In the mount the Lord was seen. It is true, our deliverances many ways have been wonderful, but in nothing 
f Considering that of many Soldiers it may be said, Nihil esse utilius aut opportunius quam in aqua turbida piscari. Again, Non aliter salvos & incolumes se esse existimant, nisi in publicis calamitatibus.  more (all circumstances duly considered) then in confounding continually the pernicious plots of those seditious men. Rocks covered with water are more dangerous to Mariners, than such as stand obvious and open to their sight: By how much the Conspiracies of Mr. Lilburn and others against the Army, have been subtly clothed with the spetious and plausible pretences of Justice, love to the Soldiery, safely to the Nation, public good, etc. by so much the more have his designs (as Rocks under water) been pernicious and destructive to the Army: And divine providence the more seen in preserving the same, that it was not totally broken and scattered thereby.  
4. That nothing might lie in the Soldier's way to rebellion, but do it freely and without fear. In stead of a Court Martial, Mr. Lilburn appointed a Committee of Indemnity, whereby all Soldiers are acquitted as not to suffer for sedition or any other Crime. 
g The people's Prerogatives, pag 53, 54, 55 etc.  There is now no Marshal-Law, but its absolute murder in the General and Council of War to put any Soldier to death for any crime or offence whatsoever: 
h The hunting of the Foxes, p. 18.  Soldiers only are punishable in the Courts of Justice, and according to the Laws and Statutes of the Kingdom: so that the 
i A Letter written to the General by Lieut. Colon. John Lilburn, and Mr. Rich. Overton, April 27. 1649.  Council of War hath no more right to inflict Justice then a Thief or a Robber hath to a purse which he takes upon the high way.  
Excellent doctrine! and no doubt it is 
k Take notice of the reason wherefore M. Lilb. (though he conceal it) would have Martial Law and the Council of War dissolved: he knew by the Articles of Martial Law, Whosoever shall utter words of sedition, or tending to the making of a mutiny, shall be liable to a sentence of death.  his own, it looks so like him: but here Mr. Lilburn runs 
l Poena gravior gravius peccantib. debetur. August.  faster and beyond his fellows, for we do not find that any former Incendiaries (how dangerous soever) have denied the exercise of Martial law to an Army before. When the Jesuits persuaded a Villain to murder the Prince of Orange, for encouragement they assured him that he should do it invisibly, and escape as not being taken. M lilburn's 
m It is no good principle, for b●nis nocet quisquis pepercerit ma●is. Again, Qui punit injallos in alijs fie●i injuriam prohibet.  plot is little less Jesuitical; he tells the Soldiers there is no Martial Law, no Council of War, what danger then to revolt? to cast off all Command, neglect duties, make uproars and tumults in the Nation? As for other Courts, in this case 
n Witness Mr. lilburn's first and second Trial, in both which he was quitted by the Juries, though as great a mutineer as hath been known in any age. As the victories won by Alexander and Julius Caesar are not to be attributed so much to their valour, as to the condition of the people in those days: so Mr. Lilb. escaped not by his skill in Law, or truth on his side, but through the fault and error of his Juries.  Mutineers will little regard them.  
Thus we have showed what mischiefs to the Nation (by using others as his instruments) he hath attempted to do. We come now to declare wherein his Designs and Resolutions have been far worse, and more abominable, even so in humane and barbarous, as no tongue or pen but his own would have durst to set them forth to the world: And this concerns his designs and resolution to 
o Vbi est fervida vindicta, non est temperata justitia. Cassiodor.  murder and massacre such persons (we speak here of his intent) who have disliked his treacherous plots, and from time to time endeavoured to hinder the execution of them.  
1. For Sir Arthur Haslerig, what he meant to do by him, as to the taking away of his life, he hath published it himself: 
p A just reproof to Haberdasher's Hall, pag. 6.  Meeting Mr. Pearson at the George in Channel-Row, this message by him he sent his Master: As he loved his Master's life and welfare, I entreated him (saith he) to tell him I wore a good Dagger by my right side, and a good Rapier by my left side, & if within eight days he did not send me all my money, or give me some rational satisfaction, let him look to himself, for after that day wherever I meet him, I would pay him for altogether, though I were cut in a thousand pieces on the very place.  
Judge READER, are these the words of a Christian, or rather a Heathen, and one that seeks nothing but himself and his own Interest? what would this 
q If a State in a prudential way will not suffer devouring Beasts to be at liberty, whereby mens Cattles might be destroyed: More careful should they be of shutting up such beasts who openly declare, that they will stab and kill such men as refuse to do what they require of them.  fellow do had he 
r Sic voleo, sic jubeo sit pro ratione voluntas.  power in his hand, that threatens thus to stab and kill, in reference only to his own particular Case.  
The cruelties and infamies of Caligula are imputed to the Nurse that gave him suck; the which being cruel and barbarous of herself, rubbed the ends of her breasts with blood, causing the child to whom she gave milk, to suck them. Whose milk this man sucked we know not, 
s Dicearchus set up two Altars, the one to Cruelty, the other to Iniquity, upon the which he sacrificed and prayed as to the gods: whether Cruelty and Iniquity be not his great Diana, let the Reader judge.  but this is certain (if out of the abundance of the heart the mouth speaketh 
t It is without all peradventure, should this man and his party once rule, they would make such Laws as might well be called Officina scelerum & carnificina sanctorum, shops of wickedness, and shambles of the Saints. ) he hath taken in so much self-revenge, and seeds of cruelty and murder, that (like another Caligula) the peace of a Nation, and safety of men's lives lie at the stake, where he hath Freedom to act according to his Resolution.  
But 2. concerning his wicked intent to murder the Lord General Cromwell, 
u We have here fulfilled what a learned Author writes. There is nothing endures so small a time as the memory of benefits received: and the more great they are, the more commonly are they recompensed with in gratitude; G●…c. hist. l. 4.  he hath openly avowed it to the world; that had it not been for the affection which he bore to his Wife and Children, and the assurance which he had to see the General's downfall without his kill of him, and himself an instrument for the restauration of England's liberties and freedom, he had absolutely destroyed him with his own hand before he went in to Holland. And that the Reader may be fully satisfied in the truth of this, we shall here set down his own words.  

x Note that he makes mention of his intent to murder the Gen: in other places besides what he saith here. Therefore my Lord, sit as fast as you can in the strength of the Lord God Almighty: (see how the wretched man profanes the name of God) have at you, if I perish; I perish As you were, p. 33.  If it had not been for the strong affection I bore to her, and my poor babes (whom willingly I would not leave beggars when I die) & for that I had some grounded assurance in my own spirit that I should live to see his downfall, and the full restauration of our English Liberties and Freedoms, and myself be an Actor or Instrument to procure it without so apparent hazard to my life as such an Act would be, 
y The wonderful wisdom of God is to be seen here, that this man's tongue should reveal the wickedness of his own heart, and that he should glory thus in his own shame, as counting it his grace to be graceless.  I had with my own right hand at the House door avowedly ended the quarrel betwixt him and me, and the rest of the freeborn people of England: With a paper of Reasons in my left hand, ready to be sent unto the Speaker, and with several others in my pocket, to justify to the whole world the lawfulness and justness of such an Action, both by the laws of God, Nature, and Nations.  
We need not 
z It went as a proverb of Cranmer, Do my Lord of Canterbury an ill turn, and you shall be sure to have him your friend for ever. If Mr. Lilb continual treacherous dealing against the Gen: be considered, and his Excellency's readiness notwithstanding upon all occasion to do him good: It might be said of Cromwell as the proverb went of Crammer.  comment upon the speech, his unparallelled wickedness is enough showed by his own mouth: Notwithstanding, some things we shall infer from it.  
1. Hence all men may clearly understand the end of Mr. lilburn's coming lately into England: Namely to effect what he had promised, to the Duke of Buckingham, the Lord Hopton, and others, 
a So much is testified by Isaac Berkenhead, Je: Titus, Joh: Bartlet, & Rich. Foot.  which was for 10000 l. he would destroy the Parliament, Council of State, AND THE LORD GENERAL, & settle Charles Steward, King of England, in his Throne in England 
b It is true, he denies all th●s, but he knows the old saying, & in loco facere, & in loco lequi. . This upon oath hath been testified by divers, that several times he did declare, that either he would kill the General himself, or set one to do it, and declared this to be his intention upon his coming over.  
Now what rational man will not believe all this to be true, seeing there is no more said by those Witnesses, than what himself (in effect before) professed he intended to do. For his declaring since to the contrary, it is not to be 
c That proverb ordinary in Rome, mentioned by Guiccard l. 6. of the Pope, & the Duke Valentynois may be applied to this man, He never did what he spoke, nor seldom spoke as he meant.  credited; he that will make no conscience to murder and destroy men, and ruin a Nation, will make less conscience of lying and to forswear himself. We may say here to Mr. Lilburn in another man's words, 
d Testimonium tuum quod aliena re leve est, hoc contra te grave, etc. Tull.  Thine own testimony which in another Case is of small weight, but this against thyself is of GREAT MOMENT.  
2. At his Trial in the Guild-Hall at London, he mentioned a Maxim in Law, repeated several times in Coke Institutes, Actus non facit reum, nisi mens sit rea; It is not the act, but the intention of the mind that declares the guilt.  
Observe, how his own mouth condemns him, neither is this without the singular 
e Here we may see that Treason and murder will come to light according to the old proverb, Quicquid nix celet, solis calor omne revelat. It is desired that this may be Englished to Mr. Lilburn, for it much concerns him.  providence of God, that a design so desperate, dangerous, damnable, should be revealed and brought to light, only by his own pen: And no doubt in much mercy to the Nation, as seasonably 
f Ipse sibi nocet is alium qui laedere quaerit.  to prevent the shedding of much innocent blood, which his malicious heart extremely thirsted after, as we shall prove hereafter.  
No marvel therefore that his restraint is 
g Treason is loved, though the Traitor be not.  so grievous to the Malignants, and such plotting for his liberty, considering what his resolution was, (and to them well known) as to the overthrowing of this present Government. The which may serve put our State in mind 

h Hor. l. 2. Od. 13.  Quid quisque vitet nunquam homini satis cautum est.  
What daily by us should avoided be,  
We cannot with sufficient heed foresee: 
i Nemo diu lutus est, qui periculo proximus est.    
3. Neither is it to be forgotten, how he did forbear (as he saith) to murder the General, of an assurance which he had to be an instrument or Actor himself in the restauration of our Liberties and Freedom. It is a true saying, 
k Quae dictu sunt turpia, ne factu quidem decor puta.  Whosoever is naught in word, we may not think that his actions will be good.  
The truth is, we neither desire, nor expect any such 
l We read in Jothams' Parable, that the Bramble would be King, and Lilburn speaks often of being Uppermost. Now Valer. Maximus, lib. 9 describes such an one as we might expect him to be, if Uppermost. Crudelitatis horridus est habitus, truculenta facies, violenti spiritus, vox terribilis, ora minis & crudentis imperiisreferta.  Instruments or Actors; we know the remedy here will be worse than the disease: For the 
m Impia sub dulci melle venena latent.  Liberty and Freedom which he talks so often of, we know what he means, lacte gypsum male mixtum, it's to raise up new Wars and Commotions under such glozing pretences. But we are by this time too well acquainted with his projects, as thereby to be deceived. He hath learned tunc omnia jure tenetis, cum poteris Rex esse; were he once 
n Mr. Lilburn in Print styles himself John Lilburn, Defender of the Faith. An Alarm to the House of Lords in the Title page: Now seeing he takes a Kingly title to himself, why might not John of Leidens' Title be added to it, johamnes Rex Novae Hierosolimae, Rex justitiae super universū Orbem. john, K. of the New jerusalem, King of righteousness over the whole world.  Johannes Rex, Chief in place and power, what might the Nation expect? we shall tell you, 
o Saevum praelustre fulmen ab arce venit. Again, fulmen est, ubi cum potestate habitat iracundia.  a more cruel oppressor and persecutor (especially of men truly godly) would not be then he: As the wolves (in the story) would have the sheep to put away the dogs, that so they might the sooner and easier devour them: so Mr. Lilburn hath attempted by others, and intended to do it himself; namely remove by murder such out of his way, who in a special manner do watch over the English flock, that he might the more freely and fully destroy it.  
4. This intended murder of his, confessed since by himself, leads us now (as by the hand) to the 
p In a Book entitled, L. Coll. I. Lilburn revived, there are such villainous expressions (as that he looks upon the General as his grand Enemy, will not fight more against great nor small, but against him, pag. 18, 19) that whosoever shall read the same, may very well believe that all those scandalous Libels which are cast abroad, are by his occasion.  Author or Instrument of those abominable and base Libels which are often thrown abroad, as to the instigating and stirring up of some desperate villain to the Assassination of the General and others in Authority. In former time, no Libel came from Rome, but Parsons presently was supposed and noised to be the Author; and the more vile, the more Parson-like: Such an opinion (and not undeservedly) is now amongst honest men concerning Lilburn; if they hear of a Libel against the State, it is generally thought and believed that he is 
q We shall here challenge Mr Lilburne and his party; that they cannot produce such railing, insolent expressions, and base language in the Libels of any Seminary or jesuite against the English Government at any time, as we can ordinarily show in their Pamphlets.  the Author; and the more seditious, treacherous, and barbarous it is, the more Lilburn like, that is, the more are they persuaded that the Action is his: As knowing that Parsons the Jesuit never intended worse, nor acted more treacherously against the government then, than this man hath endeavoured by all the means and ways he could devise, to destroy the Government now established (we say) ever since we were a Commonwealth. As Protogenes no sooner looked on the line which he saw in his shop, made in his absence, but knew whose it was; Apelles hath been here (saith he) for no hand else could have drawn it. Even so, if a man peruse the 
r Metuebant in me omne: in Eunuch.  Libels which are made, he cannot but think, and say, Lilburn hath been here, this is his work; for who but he would write of stabbing, kill, murdering, things so in humane and horrible, as no man that is conscientious and honest, would retain a thought of such wickedness, much less boastingly and pragmatically (as he doth) express the same, but only such a one, as cares not what evil 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 do look upon me as a single hearted honest, just, plain spoken English man, that hath been valiant & courageous for the regaining and preserving their freedom & liberty; and if I should lose mine interest with my honest friends, I were but single John Lilb. nothing at all considerable either to be loved or feared. john Lilb. revived, p. 9 See Reader how he is double Io: & terrible joh and he must be valiant in stabbing and killing (at least with his tongue) that he may not lose 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, we do 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 fear 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 fellows and Tyrants at Westminster, that have not only tyrannised over me, but the whole Nation, I should have made no more scruple of conscience with my own 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, Coke 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, Traitor, and Murderer. Nevertheless (and mark it good Reader) 
t It was 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 learned, though he cannot take the Laws away, yet he can turn them up side down for example, if he be a Traitor, yet must he be toyed by 12. men of his own choosing. 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 Fundamental Laws and Liberties of England, A sufferer for all free Commoners.  
After Nero had occasioned much mischief to the Commonwealth, 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 General) 
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 he had a marvellous care for the people's safety; yea all the cares were nothing in regard of his love to the Country, & that he had seen the sad countenances of the Citizens, heard their secret Complaints, etc.  
Whether Lilburn had ever seen this in Nero, and (aspis a vipera) learned it of him we cannot say; but as good wits often meet, so that Tyrant and this (Chius ad coum) in their bloody design are alike. For had he destroyed the persons, or any of them, (as he most wickedly intended) There was a writing to go forth, wherein (as in Capital letters) might have been declared thus.  
WHEREAS I I: LILB. LIKE NERO HAVE MURDERED SUCH MEN, IT WAS BECAUSE I DID NOT LIKE THEM: FOR THEY WOULD NOT 
x Mr. Lilburn speaking of a method which he had a long time laid down, 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 thank themselves in not letting me alone to sit under mine own Vine in Peace & quietness. Lilburn revived, p. 10. Now 'tis out: we ever thought that he sought only himself, though many ignorant of his wiles, have been otherwise minded.  HELP ME TO MONEY AND LAND AS I EXPECTED: BESIDE I HAVE HEARD THE SECRET COMPLAINTS OF SOME (AS TREACHEROUS TO THE STATE AS I AM) WHICH WOULD HAVE ALL GOVERNMENT AND AUTHORITY TRODDEN UNDER FOOT AS WILLINGLY AS MYSELF.  
Having thus truly laid open Mr. lilburn's 
y Of certain turbulent spirits it is said, Illis quieta movere magna merces videbatur. Sallust. They think the very disturbance of things quietly established, are only sufficient to set them at work. The former particulars duly considered, this saying cannot be applied to any man more truly then to Lilburn.  CASE AND CRAFT, we shall proceed now to his Trial. And here we purpose to Try his Tryers, to the end it may appear to the world how honest and conscientious they were, and what Reasons there are to continue Juries by 12. men, if the State mean to allow and countenance Treason any longer.  
First, for the Act declaring Mr. lilburn's Fact to be Treason, it was read to the Jury. 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 be governed by its own Representatives or Nationall meetings in Council, chosen and entrusted by them for that purpose, hath settled that Government in the way of a Commonwealth and free State, without King or House of Lords. Be it therefore Enacted by this present Parliament, and by the Authority of the same, that if any person shall maliciously or advisedly publish by 
z Note how all men who have acted by the principles of Reason and Nature, have been ever more careful by strict laws to stop the publishing of seditious books. Thus Plato, Plutarch, and the wisest of the Gentiles in their models and plat-forms of civil Governmen, have always given order that infamous writings should not be permitted, such as aspersed the Government, & tended to mutiny and faction but the Authors thereof severely punished. Famoust Libelli, convitia contumelia detractiones, publicae, sunt a Magistratu coercendae, ut pax inter cives maneat, Plato. l. 11. de legibus. So Plutarch, lib. de Civil. administrat. Neither are there any Christian Statesmen but in their Republics say as much: Libellos famosoes, sive pasquillos magistratus spargi prohibeat eorumque authores & disseminatores graviter coerceat. Ketkerm. System. Polit. l. 1. c. 22. So our own Statutes: Seldom an Act was ever made concerning Treason, but there is mention made of scandalous books against the State. Anno 1 Edw. 6. Cap. 6. So Anno 8. Edw. 6. Cap. 1. Anno 1 & 2 Ph● 〈…〉 ●o. Anno 1 Eliz. c. 6.  writing, printing, or openly declaring that the said Government is tyrannical, usurped, or unlawful, or that the Commons in Parliament assembled are not the Supreme Authority of this Nation, or shall plot, contrive, or endeavour to stir up, raise Force against the present Government, or for the subversion or alteration of the same, and shall declare the same by any open deed, that then every such offence shall be taken, deemed, and adjudged by this present Parliament to be high Treason. And whereas the Keepers of the Liberty of England, and the Council of State constituted, and to be from time to time constituted by authority of Parliament, are to be under the said Representatives in Parl. entrusted for the maintenance of the said Government with several powers and authorities limited, given and appointed unto them by the Parl. Be it likewise Enacted by the Authority aforesaid, that if any person shall maliciously and advisedly plot, or endeavour the subversion of the said Keepers of the Liberty of England, or the 
a How he had denied the lawfulness of their Authority, & thrown scorn and contempt upon them is well known. Qui peccantur coram omnibus, coram omnibus corripienda sunt ut omnes timent. Aug. de verbis domin.  Council of State, and the same shall declare by any open deed, or shall move any person or persons for the doing thereof, or stir up the people to rise against them, or either of their authorities, that then every such offence and offences shall be taken, deemed, and declared to be High Treason.  
And whereas the Parliament for their 〈◊〉 and lawful defence, have raised ●d levied the Army and Forces under the Command of Thomas, Lord Fairfax, ●d are at present necessitated by reason 〈◊〉 the manifold distractions within this commonwealth, and invasions threat●d from abroad, to continue the same, which under God must be the instrumental means of preserving the well-affected people of this Nation in peace & safety. Be it further Enacted by the Authority aforesaid; that if any person, not being an Officer, Soldier or member of the Army, shall 
〈…〉 to ●ch h●ld of any to 〈◊〉 with their ●ill, they will by't and pull so hard to have it, that many times they break their own necks withal, before they leave their hold. Never man plucked harder than this man, in plotting, contriving, and endeavouring to stir up mutiny in the Army. So that if this place of the Act had been duly prosecuted, he had broken his neck for his 〈…〉  plot, contrive, or endeavour to stir up any mutiny in the said Army, or withdraw any Soldiers or Officers from their obedience to their superior Officers, or from the present Government as aforesaid; or shall procure, invite aid, or assist any Foreigners or Strangers to invade England, or Ireland, or shall adhere to any Forces raised by the Enemies of the Parliament, or Commonwealth, or Keepers of the Liberty of England. Or if any person shall counterfeit the great Seal of England (for the time being) used and appointed by Authority of Parl. That then every such offence and offences shall be taken, deemed, and declared by authority of this ●arl. to be High Treason: And every such person shall suffer pain of Death, and also forfeit unto the Keepers of the Liberty of England, to and for the use of the Commonwealth, all and singular his and their Lands, Tenements, and Hereditaments, Goods and Chattels, as in case of High Treason hath been used by the Laws and Statutes of this Land, to be forfeit and lost, provided always that no persons shall be indicted and arraigned for any of the offences mentioned in this Act, unless such offenders shall be indicted or prosecuted for the same within one year after the offence committed.   
We shall not here take in the whole business, which (as 
c Namely in a book entitled, The trial of Livet. Coll: John Lilburn, which he well approves of, and is willing the world should see.  published) is an homaeologia, one thing said often over and over: but in short this we say, That the Witnesses and Proofs produced on the Commonwealth's behalf, were full and legal against Lieutenant Colonel John Lilburn in point of Treason: And thus we prove it.  
1. Howsoever the Statutes which he repeated, say, That no man shall be condemned for Treason, petty Treason, or any such like crime, but by the evident and clear proof of two lawful and sufficient Witnesses. Yet the same Statutes do likewise say, If the offender himself confess the Fact, it is as much as two, yea as ten Witnesses: And this was Mr. Lilb. Case: TREASON CONFESSED: Thine own mouth (saith Eliphaz to Job) condemneth thee, and not I: yea thine own lips testify against thee. For the Objection which he made, that there was no man there to swear it was his hand; It was the vainest and absurdest shift that could be devised: What need was there for the Council of the Commonwealth to prove that, which proved itself, or was 
d Coke saith (we shall set down his own words) Cardinal Pool, albeit he was a Subject to Henry 8. and of the King's blood (being descended from George Duke of Clarence) brother to King Edw. 4.) yet he in his book of the Supremacy of the Pope written about 27. H. 8. incited Charles the Emperor then preparing against the Turk, to bend his force against his Sovereign Lord and Country: the WRITING OF WHICH BOOK WAS A SUFFICIENT OVERDO ACT WITHIN THIS STATUTE. Note, that the State needed no more proof to charge him with Treason, then finding his name at that Book, as the Author: It was now for him to make his defence: here was Testimony on the King's part enough, unless he could quit himself of the charge.  itself a proof. His name and hand was at the Treason, so that it lay now upon him to make his defence to it. A man's own hand to a Writing, yea if it be his name at a printed book, as the Author, it makes the thing to be understood (whether good or bad) properly & truly his. For to this end are hands and names subscribed, as to speak out, a man's propriety, and what he owns: Neither is it necessary as to the certainty and truth of the thing, that there be any other proof or witness.  
If it be objected, that a man's hand may be counterfeited, and his name set to a Book, as the Author, whereas its neither so, nor so.  
We answer; here Reason, Justice, and Conscience hath provided a good Remedy, viz. by declaring that it is not his, which ought in such a case to be admitted, nothing appearing or proved to the contrary. But for a man to set his name, and hand to a thing, and being afterward questioned for it, then to call for Witnesses to prove that the name or hand is his, it is most ridiculous, the thing itself being proof and 
e We grant that by law a man is not to accuse himself: that is, where no offence appears, there he is not bound to be witness against himself. But a man's name to a Book as the Author, is certainly a Witness: (And note it) we say a witness either true or false: so that a man is bound in this case to answer as to a witness, or rather witnesses. Neither doth he here accuse himself, but either clears himself of a false Accusation, or falls under a legal and valid proof.  witness enough (as was said) unless he now can show reason to the contrary.  
We observed before, how Mr. Lilburn without the least scruple of conscience, could have destroyed some men as so many Weasels and Poulcats. In this our Conscience hangs not so lose as his; For we desire to walk according to the rules of Reason and Justice. But should there be seditious Pamphlets and Papers dispersed abroad, full of Treason, and tending to the ruin of the Commonwealth, with 
f Some thought, that because he used to vaunt of his gallantry, that he would have scorned to have said, I do not own a jot, a line, a word, or syllable of any of them. But rather would have said its mine, and I will prove every jot, line, word, etc.  John lilburn's name to them, as the Author; truly in such a case were we either his Judges, or of his Jury, and had him, and those scandalous books before us, we could (without the least scruple of conscience) think him worthy to be put to death: in finding his hand and name at the Treason (which we take for confession) he not denying it, but 
g Note Reader, how Mr. Lilburn is proved a Traitor by Coke Institutes, whom he so much extolleth: he expressly saith, where the party doth confess his offence, or is mute (as Lilburn was) he shall have Judgement as in case of high Treason. Instit. l. 3. c. 1. p. 14.  standing mute, only calling for Witnesses to swear the same to be his, whereas the Act itself was proof and witness enough. The law saith 
h Confessio superat omne probationis genus. Bar. in l. Si Confessus de Cust: Rerum.  Confession is beyond all other kind of proof.  
Among other Insolences of the Jews done to Christ, it is said 
i Luk. 22.64.  when they had blindfolded him, they struck him on the face, and asked him, saying, prophecy, who is he that smote thee? Just so would Lilburn serve the Parliament, and Army, having 
k Note how he brags of this himself: I gave them (saith he) such a cuff under their other ear, as I believe they will never throughly shake off the smart and pain of it whilst Cromwel's beastly & most gross abominable tyranny lasteth. As you were, page 4.  smitten them with his venomous tongue, than he asketh who did it? who called you Tyrants, Traitors, Murderers, Usurpers? now here they must not say it was Lilburn, for he hath blindfolded them, as how? with Magna Charta, Coke Institutes, Littleton, Plowden, etc. All which as he hath cited them and applied them, were as a hood or veil cast over the face, whereby a Traitor (as unseen) might thereby escape without just and condign punishment.  
2. Neither alone was his name and hand set to the Treason, as to be the Author; but it was likewise proved by several, legal and sufficient Witnesses: that Mr. Lilburn delivering a book with his own hand to Mr. Pridiaux, Attorney-general, Entitled A preparative to a Hue and Cry after Sir Arthur Haslerig, told him at the same time: that the Book was his, and he would own it, and so much he spoke in the hearing of Coll: West, James Nutley, and Edward Radney, all which upon oath testified so much at his Trial. Beside, Mr. Lilburn hath since in another Book openly declared it: That Book (saith he) was proved at my Trial to be mine, saving the Printers Erratas, which are many, called a Preparative to a Hue and Cry after Sir Arthur Haslerig.  
Now in this Book which he owned, & acknowledged himself the Author, the whole Treason whereof he was accused, and laid to his charge, is there maliciously or advisedly published, by writing and printing, etc.  
For 1. there he expressly saith, 
m There is a great mystery in M. lilburn's words; we may not call it a Contradiction, because possibly like the Urchin he hath two holes, or like the old Oracles, can speak double. In his Letter to Mr. Kiffin, p. 7. thus he writes; I have in all quietness both publicly and privately walked in all quietness and uprightness towards the Gen. and Parliament, since I owned their Authority, and neither directly nor indirectly meddled with them, to give them the least offence, or to occasion in them the lest cause of jealousy of me, of endeavouring to undermine their power and authority. If there were no Parl. since the King's head was taken off, when did this man own their Authority? or when was it that he was so quiet. This is so deep & inextricable a riddle to unfold, that we must confess ourselves here Davus, not Oedipus.  THAT THOSE MEN WHO SIT AT WESTMINSTER ARE NO PARLIAMENT, either upon the principles of Law or Reason, pag. 2. An illegal thing, pag. 4. A Juncto, or pretended House of Commons, p. 16.  
Again, in the same Book he confesseth himself to be the Author of the Impeachment of high Treason against Oliver Cromwell, and Henry Ireton, Esquires, pag. 2, 3. 14, 15. 21. 24. So the Author of another Book called the Picture of the Council of State, pag. 3. 24. Besides, the Author of that false, seditious, and most scandalous Pamphlet called The legal and fundamental liberties of the people of England, revived, asserted, and vindicated, p. 4. 26. 30. 36. In all which 
n See Coke Institutes, the third part, Cap. 1. p. 14. where Card: Poole is said to be a Traitor for writing a seditious Book. So the fourth part of the Institutes, Cap. 26. Brooks Treason for writing of Letters.  Books confessed by himself to be the Author, there is as much Treason published, as was ever by any Traitor either spoken or written against any Civil 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 speak the truth of Mr. lilburn's Jury) who were so 
o These never read it seems that Law which saith, the highster supremest 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 judged it to be Treason, if any person should maliciously or advisedly publish by writing, printing, or otherwise openly declaring that the said Government is tyrannical, usurped, or unlawful; All which most evidently he had done.  
Again, whereas Mr. Lilburn desired the Jury to take notice that no man was to be condemned for Treason, petty. Treason, or any such like Crime, but by the Evidence and clear proof of two sufficient Witnesses. Here now were 
p We know not how this Jury can quit themselves from palpable injustice, unless they say as the Rulers of the Jews taught the Soldiers, whilst they slept Lilburn was stolen away.  two Witnesses (yea more) who upon oath attested, they heard him confess, that he was Author of the aforesaid Book (and so consequently of the others) wherein most unparallelled Treason was maliciously or advisedly written, printed and published by him, against the Parliament, General, and Army, tending to the utter overthrow of the Commonwealth.  
One thing more we desire the Reader to observe (which shall remain upon 
q It is reported of a Persian King, that being discontented, he might not do something which was against the Law; he was told by another, that they had a custom their King might do what he would. This Jury took some such kind of liberty, finding no Law, they presumed they might do what they would.  Record to the perpetual dishonour and shame of that Jury) whereas in his answers to other witnesses (as Newcome, Tooke, Lewis, Skinner, Dafforn, etc.) he had many artificial shifts, as to evade the weight of their Testimony: but here he hath 
r Here M. Lilburn shown himself to be one of Antony's Scholars, mentioned in Tully, 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 himself, though a thing wherein he was most concerned: And no marvel, for he saw well enough, that Coke Institutes, Littleton, and other Law-bookes were here against him, condemned him, and as a convict Traitor by Law left him to Justice.  
3. As for the Evidence which was brought in against him by Colonel 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 called to prove what he said or written, than he would not own it, nor answer to it, a true character of a back biter.  Salva Libertate (as he called 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, unlawful, tyrannical, a mock-power, a company of Thiefs, Robbers, Tyrants, men of blood, destroyers of all Laws, Liberties, etc. 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 look 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.  look (saith he) upon none of your papers, I am too old with such simple 
u It seems 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 Testimony.  
3. The Lieutenant is my Adversay.  
4. I think the Tower is not within the jurisdiction of the City of London.   
Here that saying is made good, fallacia alia aliam tradit, one falsehood or subtlety brings in another. But to reply: Though Mr. Lilburn will not look upon the Treason which he hath committed, nevertheless the Jury for their Oath-sake should have taken it into consideration; yea, and seeing it was as clear as the Sun at noonday, that it was his handy work, 
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 Testimony, we say, sine capite fabula, here is a mere 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 Original writing, with his own name to it (subscribed by himself) is produced against him to his face. To say then he will not look upon it, its foolish and idle, neither doth it help him any way in the least: For as Coke saith, standing mute (but these words Lilburn did not read to his Jury) he shall have Judgement as in case of High Treason.  
Besides, here were more Witnesses than one; for what was showed under lilburn's own hand, was by another under oath affirmed to be his, as being delivered by Lilburn himself to the Lieutenant, telling him it was his, and he did own it.  
What Alcibiades said of the Athenians, may very well be applied to this Jury: You take things from other men not by trial, but by trust, and do 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, than 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 have condemned an honest man for his faithfulness to the State.  affection and will, than out of any sure knowledge you have of the truth of them.  
For the rest of his Answer, as calling the Lieutenant his professed Adversary, & desiring that he might be called off from the Bench: that he had an action against him depending before the Judges at the King's Bench, etc. So, whether the Tower be not in Middlesex. As these things are not capable of answer, so we let them pass. Only it is worth the observing, how Mr. Lilburn here, and so in the rest of his answer, deals with his Jury, like the Clapwing or Plover, who to put a man out of his way, flies before him, clapping her wings, and making a continual noise of purpose that he may not find out her nest. So he useth many words, sometime commending himself, other while aspersing others, but nothing proper or pertinent to the matter. And to this end, namely, That the Treason which he had hatched against the State (as chickens of the Cockatrice eggs) might not discovered.  
4. For the other Witnesses, as Newcome, Tooke, Lewis, Skinner, Daffern, etc. By all these the Treason whereof he was accused, was manifestly proved against him: As the Lord Keeble at the same time well and truly declared: For proof (saith he) 
z The words of the Statute Anno 13 Eliz. cap. 1. are: No person or persons shall be hereafter arraigned for any of the offence or offences, unless the same be proved by the Testimony, deposition, and Oath of two lawful & sufficient Witnesses. It is true, by the words of the Stat. two Witnesses are required: but it it is not said that to every particular act of Treason there must be two Witnesses.  single, or double, or triple, as some of them do amount unto as witness in this, yea that doubles another man's witness: If I swear this thing, and another swear the same, and a third the same, that is double upon all their Testimonies.  
Again, speaking to the 
a Querie, whether the Jury knew the Law better than the Precedent: if so, how it doth appear.  Jury, You are not bound affirmatively to have two Witnesses, but one witness with circumstances concerning that is sufficient; that which should prevail with you, is to consider the strength of the Accusation. And a little after; I do not know in one particular that there is a Testimony single, but it is aggravated with many circumstances. And what he then spoke, was most true, namely that the persons against whom Lilburn objected (as to be single Witnesses) they were as to the matter of fact, or Treason laid to his charge double, yea triple witnesses in 
b Querie, If a Judge in giving direction & light to a Jury, shows them what the Law is in such a Case, and they notwithstanding (regarding neither Law nor Reason) do only what is suitable to their lust and will. Whether the supreme power that is above them may not Null such an unrighteous action, & justly punish the wicked doers.  Law. Neither could he produce any thing out of Coke, Littleton, or any other, where five or six witnessing one Treason, in several places committed, but they are (not single) but joint witnesses, legally and formally, though but one present at a time.  
A man is easily persuaded to do that thing which he purposeth and hath a mind to do. That the Jury without examining the Fact, or considering the Witnesses, were resolved not to find him 
c So that it is apparent these men either knew not, or believed not that saying Victima haud ulla amplior potest, magisque optima martari Jovi, quam homo iniquus.  guilty, it is as clear as the light; for what Lilburn quoted out of Books, was so falsely applied, as that every man which hath but common sense may see it.  
5. If we should go over the particular Exceptions in his answer, which he took up against the Witnesses, this would very much aggravate the injustice (to say no worse) of the Jury, that they should be led aside from the rules of Justice and Equity, contained in the Moral Law of God and nature, or sound natural reason, and that only by 
d As a Child will let go a pearl, if you put a Babble into his hand: so these men were centented for lilburn's toys and trifles to give up Law, Reason, and Justice.  wind and empty words. To speak of some particulars which may seem to have most show of Reason.  
1. Concerning the Erratas mentioned by him, what had the Jury here to do with them; the Law saith 
e L: qui habebat Ad: Man: Test. D●ctr.  Error in sylliba non vitiat Actum, mistakes in syllables excuse not Treason. This business lay between him and the Printer; and if there were more Treason published in the Book, than was in his 
f Querie, how the Jury could be satisfied that there were any Erratas in the book, for he was but a single Testimony in this case.  Copy, he might (if he would) have charged the Printer with it.  
But 2. who could better tell than he, what those 
g If some men should have made an Errata to that Book, they would have advertised the Reader, instead of Sir Arthur Haslerig, that he should read Lieut: Col: I: Lilb. a wi● bloody, and tyrannical person, who by several ways hath attempted to murder, and by base plots, conspiracies, and false witness to take away the life of the Gen. and others. If i● had been thus corrected, other things would have been tolerable, and more true.  Erratas were, and of what consequence as to the altering of the sense, and therefore as it concerned him, and no man else to look after that, so it was a most absurd and idle Exception.  
2. As ridiculous is that which he speaks of his Books: For any thing (saith he) the Jury knows they may be post dated, that is, made and written before ever the Acts they are said to transgress had a being. O wit! surely the man knew, he had a Jury for his own turn, or otherwise would not have spoken so vainly: For  
1. The Books (proved to be given forth with his own hands) witnessed otherwise, as to the date or time.  
2. If such a thing had been so, yet it would no way have helped him, unless he could have proved it.  
3. A Jury is not to inquire after Iffs and Maybees, but to look on the present Charge, and what evidence and proof for it. Quae supra nos nihil ad nos; and Augustine adviserh well: 
h Melius est dubitare, de occulis quam litegare de incertis, l. 8. c. 2. de Trinit.  It is better to doubt of secret things, then to strive for uncertain things.  
3. Neither is that less froth and vanity, where he saith, what he swears (meaning Thomas Dafforn) is to a fact done in another County, and therefore his Testimony is not worth a straw, it's gone: It's invalid in Law, it signifies 
i In some Countries their money doth not pass by weight or worth, but according to the tale or number of the pieces. It's probable he thought the Jury only minded the manys word he spoke, and not the worth or weight of them.  nothing, it's not so good as a Spider's web: By virtue of which the Marshal's Testimony, and the Governors of Warwick Castle, and also Colonel Purfroyes need no other answer from me, but to pity them for their long journey they have made to no purpose. It is truly said (and fulfilled here) 
k 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Eurip.  A bad tongue tells wonderful strange things. But did the man speak as he thought? or rather remembering the proverb, The simple believeth every thing, he made account it was no matter what he said to the Jury. If a man have committed Treason, in ten or twenty several Counties; say in England, Scotland, and Ireland, must he be sent to every County and Country, and there be arraigned for each particular Treason, as in reference to the several places where each fact was done? We need not enlarge here, he knew well enough when he spoke these words, that both the 
l He deals not unlike those wicked spirits (commonly called Faries) who stealing the true child out of the cradle, do convey (or suppose) & place instead thereof some Changeling of their own. So what is Justice, law, and Reason, that he steals away, and gives the Jury a Changeling of his own, as sometime self-praise, otherwhile clanours and high words, & this contents them, as if it were the true Child.  Law and continual practice of the Nation was against him.  
It is reported of one Oramazes, that he had an enchanted Egg, in which (as he boasted himself) he had enclosed all the happiness of the world, but being broken, nothing was found in it, saving wind. Mr. lilburn's head is like such an Egg, in his conceit (and some others too) there is enclosed in it, all Law and Reason: but the truth is, upon trial it doth 
m Like the ruin of Babel, at a distance (they say) it seems great and high; but when a man comes near it, it appears not so: So lilburn's Answer a great way off (not being enquired into) may be thought to have Reason and Law in it: but come to a strict examination, you shall find it vexnil praeter, as it is said of the Nightingale, Talk and nothing else. A Disdiapason, or ill favoured coupling of things together.  appear, that it is little else, then wind and emptiness; a multitude of words, but nothing judicious, solid, or pertinent.  
We have now dispatched the Jury, & upon the whole shall only give the Reader this Observation. Those that look on a Juggler doing his feats, or playing Hocus Pocus, do admire at the sights they s●e, as thinking the same almost impossible to be done. Whereas indeed, if they knew the way, it is facile and easy, a very slight trick, and no other than what any other, even a child may do. It is a 
n So are all conspiracies mysterious at first: but as light brought into a room, makes obvious and clear such things as were not seen before: so this here as a candle will let us see Mr. lilburn's Cabinet Council.  mystery, and a Riddle to many, how Mr. Lilburn, Arraigned for Treason, appearing before so many Judges, Justices, Sergeants at Law, etc. The charge brought in against him being of such high concernment, and so clearly proved, should notwithstanding (for all this) be quitted, and not found guilty. Is not this mirum? if not miraculum? a wonder, a wonderful wonder? But stay; it's a very 
o Parturiunt montes, nascitur ridiculus. M●s.  slight Trick, and easy to be done, if known: As how? why thus it is; Before he comes to Trial, he gets the names of such men as are warned in to be of his Jury, and out of these (suppose thirty or forty) he chooseth twelve, all known to him to be as ill affected as himself to the present Government, and such as are resolved to clear him 
p Poet's saign that Hercules brought help to the gods against the Giants, & therefore was honoured. Mr. Lilb. called his 12 men, the honourable Jury. Can he do less than honour them, who had aided him against Law and Justice?  in spite of Law, Justice, Judges, Proof, and Witnesses. Thus we see to 
q Malum faciliter esse, & bonum deficile est. Arist. l. 2. Nicoma●h.  do evil is no difficult thing, and 
r Ad prave agendum parva satis occasio est. Meander.  a small occasion here will serve. Neither shall he 
s Male facere qui vult, nusquam non causam invenit. Publ. Syrus.  miss the way and means to effect it, if he seek it.  
Mr. Lilburn thus quitted (in the way and manner related) now we are to follow him in his Actions, after his enlargement: And here we find him not long after, A GRAND INFORMER, or Solicitor, attending the Committees, pleading in all Causes, where he might have any advantage thereby. Yea so scandalous and corrupt was his practice this way, as some of his own party were ashamed of it, and reproved him for it, often to his face.  
It is not unknown to many, 
t Thus he blames Mr. Prudiaux Attorn: Gen: for pleading all manner of Cases, & taking large Fees. Le●er to the General, p. 2.  how vehemently formerly he had cried out against the Lawyers, for their covetousness and corruption, in taking large Fees, and entertaining bad Causes: Now in this, few before ever went beyond him, either in respect of the one or other: Insomuch, what the King of France said of the Trent Fathers, They would pair the nails of Kings, and let their own grow: So it might (and as truly) be said of him, he would 
u Mr. Lilburn here should have remembered that saying of the Apostle, Rom. 2.1. Therefore thou art inexcusable O man, that judgest; for wherein thou judgest another, thou condemnest thyself, for thou that judgest dost the same thing.  cut the Lawyers short in their Take, and blame them for undertaking wrongful and unrighteous suits; but when it came to his own practice, he was more criminal and fowl in the same particulars than they; 
x Est enim proprium stultiae a●orum vitia ●ernere, oblivisci suorum. Tul. de Offic. l. 3.  forgetting 
Turpe est doctori, cum culpa redarguit ipsum.  
Unto a Teacher it's no small disgrace,  
When his own faults, reprove him to his face.   
In the Apologue, the Countryman shuts his Cat into the Cupboard to keep his Cheese: Now the Cat being there, devours both the Mice and Cheese too. Many thought, because Mr. Lilburn had spoken so bitterly against the 
y It is a witty story of the Scholmaster: a Scholar taking up a fig in the street, the Mr. seeing it, was angry with him for it, and bids him throw it away, for it was rotten and naught, the which the boy no sooner did, but the Master ran after it, took it up, and ear it all up. It seems Mr. Lilburn had a mind to the Lawyer's Fig, in being so angry with them, to have them cast it away, and afterward to take it up, and eat it himself.  Lawyers, that he would have pleaded gratis for his Clients, or taken little of them; but when they had made trial, they soon perceived, that from the Cupboard, he was cr●pt into their purses, and sought, as to devour the Mice, so the Cheese, the Lawyers, their money, and estates too.  
Now howsoever for a while, he made this his Trade, to get what he could by pleading at the Committees. Nevertheless, having been so long versed in national Tumults and Disturbances, he was here, as a Fish out of the water, until he had his hand again, in some public commotions.  
About this time there was a dangerous Insurrection, & horrible Riots committed in the North, with such (as malum malo) he closeth, it being a business most proper to his Genius, 
z Maxima est vis vetustatis & consuetudinis.  former practice and experience: And howsoever he is not the first in the mutinies, yet being once in, who but he, as to head the Faction, for the effectual carrying on of that desperate design.  
As we have not hitherto set down any thing of his miscarriages, but with care still to the 
a Mulia suavius est vera dicere, quam audere. Go●dis & auris, mentis & singuae, rationis & oraetionis harmonia suavissima.  truth: so we shall here make a true relation, as the whole business hath been given in to the Parliament and Council of State under Oath, by many faithful and eye-witnesses: The sum (as we have taken it from the Original) is thus.  
At the expense of 
b In former time men have been greatly honoured & encouraged for being instruments of bettering & improving the earth, and no doubt, had this been his own case, he would have thought so to.  175046 l. or thereabouts, there was drained or laid dry 160000 Acres of Land, lying contiguous, within the Counties of York, Lincoln, and Nottingham, not worth before 3 s. & 4 d. an Acre, one with another, the which was made worth some ten, other twelve, yea some twenty shillings an Acre. In the Manor of Epworth the 
a Note that we call them so here, in regard this narrative with a Petition was presented to the State.  Petitioners had been in quiet possession of 7400 Acres for the space of ten years, until the year 1642.  
Now in June, 1642. many persons (whose names are in the Original) in a tumultuous manner came into the Level, within the Manor of Epworth, and there 
b The Levellers will have no man to call any thing his, for its tyranny that a man should have any proper land, particular propriety is devilish, the mystery of Egyptian bondage, a destroyer of the Creation, a lifter up of the proud covetous flesh, a bringer in of the curse again, a mortal enemy to the spirit, & that which hath brought in all misery to the Creature. New light of righteousness, pa. 65. 58.  broke down the Fences, and destroyed about 160 Acres of growing Corn and Rape, and others joining with those, continued rioting together from day to day, till they had laid waist about 4000 acres of the drained land, and pulled down several houses standing thereon.  
Others afterward, several days (during the flowing of the Springtide) violently forced open a Sewer, called Snow-Sewer, planted upon the River of Trent, purposely to let in the waters; the which course they continued, till they had 
c This is according to the principles of the right Levellers. We declare and protest (say they) against all Enclosures of Fens, Forests, Fields, Moors, Heaths, Parks, Chases, which have been taken from the poor of the Land, we are resolved to do our utmost to restore them again for the good and benefit of the poor. A declaration of the Commoners of England.  drowned 8000. Acres of 
d Here the Levellers went beside their Doctrine; they say, When a man hath need of any Corn he is to take the same from the next Storehouse he meets with. New light of Righteousness, p. 47. But we do not remember there is any thing said for drowning or burning of Corn: this probably is Mr. lilburn's doctrine alone.  Corn and Rape then growing, and and the Corn-stacks generally half way, with the greatest part of men's houses and habitations, by the space of ten weeks. Now upon complaint to the Committee of Lincoln, order was given to open the Sluice, and let out the water: but divers people with Muskets and Pikes defended the doors, and peremptorily refused to yield any obedience thereto.  
Again in the year 1647. upon a Bill depending in the Exchequer by the Petitioners, several Orders were made for re-establishing the possession with the Petitioners, and order given to the Sheriff to assist them. But Daniel Noddel an Attorney, with others came upon the place, armed with swords and muskets to resist, whereby those Orders were altother fruitless.  
The Petitioners being kept thus still out of their possessions, bring their Bill at length to a further hearing; At which time the said Daniel Noddell the Solicitor, had gotten to his assistance Mr. Lilburn and Major John Wildman: But whilst the Case was in hearing, the Inhabitants began to riot on 
* It is a question among the Papists, whether a Priest may dispense with the traditions of the church & give dispensations as the Pope doth: It is resolved in the negative; notwithstanding he may interpret any Order or Canon as to be the Pope's mind which is as effectual. This liberty we must grant Mr. Lilburne; though he cannot dispense with the law, yet the sense of it lies in his breast, and he can make it speak what he pleaseth.  3400. acres which were kept up before. When some certain fish appear at Sea, it is a symptom among Mariners of a storm suddenly to arise: Mr. Lilburn being now among the Rioting Levellers, there was nothing to be expected but Tumults, and Insurrections one after another; and no doubt, all committed by his advice and instigation. But to proceed.  
Upon complaint to the Court of Exchequer, there was sent to the Sheriff an Injunction, and writ of assiststance, to quiet the Possession till the hearing of the Cause; but in his presence the Fences by multitudes were violently thrown down, and the Rioters by force fetched away the Cattle of the Tenants, the which they impounded; and refusing to admit any Replevins, constrained them to redeem them upon their own terms, and at what rate they pleased.  
In February, 1650. upon full hearing in the Exchequer, a Decree was made for full establishing the possession again with the Petitioners, which was published upon the place in presence of divers of the Inhabitants, who having gotten (Noddle, Lilburn, and Wildman on their side) openly declared, that 
e Here the Levellers are practical to their Tenent, which is not to allow of any Sheriffs, Judges, ●ustices of Peace, Mayor, Bailiffs, Aldermen throughout the Nation, but all these as of Conquest & Tyranny, they will have plucked up by the roots. Light shining in ●ucking: 1 part, p. 10, 11.  they would not give any obedience thereunto, nor to any Order of the Exchequer, or Parliament, and said, they could make as good a Parliament themselves. Some said, It is 
f You may see before who taught them this, & where they learned to revile the Parl. Lilb. being now King in the Level. that is fulfilled, Regis ad exemplum totus componitur orbis.  a Parliament of clouts, and that if they sent Forces, they would raise Forces to resist them. Moreover, from words they proceeded to Action, so that within ten day's time, 
g They are not punishable for all this by the principles of Levellers. They say, No man is to he put to death for murder or any unrighteous Crime whatsoever, nor to be imprisoned or punished any way; only such are to work and eat their own bread: And he or they that shall inflict any other punishment upon fellow Creatures, is an unrighteous Actor in the Creation: For it is a mighty dishonour to our Maker, that one part of the Creation should destroy another. New light of Righteousness, p. 60, 61. 69. Again, he that will rule over, imprison, oppress, and kill his fellow Creatures under whatsoever pretence, is a destroyer of the Creation, and an actor of the curse, and walks contrary to the rule of Righteousness. The true Levellers Standard, pag. 9  they totally debolished the whole Town of Santoft, and other houses thereabout, to the number of 82 Habitations, defaced the Church,  Stables and outhouses, broke in pieces a Windmill, destroyed all the Corn and Rapes on the ground, not less than 3400 acres; so as the damage done at this time appears by good testimony to be 80000 l. or more.  
It is said of Sylla & Richard 3. that they commanded others, under great penalties to be just and virtuous, whereas themselves walked clean contrary. What a deal of talk, had Lilb. made of Honesty, Law, and Justice, and yet none more injurious, arbitrary, tyrannical, than he, where ever he could thrust in, and have opportunity to exercise the same: As by what follows will more appear.  
The Land being thus laid waist, the meeting place defaced, the 
h This also is agreeable to the Levellers Doctrine, for they will not have any buying or selling, any Markets or Fairs to be kept, no civil trading at all; for to do so, is to take the mark of the Beast. Light shining in Bucking. 1 part, pag 3. Now to destroy whole Towns at once, is to put down buying, selling, and all Commerce.  whole Town, with all the houses, mill, and outhouses depopulated, and the precious Corn destroyed, and all this through lilburn's means and his Confederates.  
In the next place (the former being a preparative as the needle goes before the thread) There is 
i There was a peace concluded between Allyattes and Astyages, by drinking each others blood, this was no other agreement but bloody and cruel.  an agreement between Mr. Lilburn Cum socijs, and several men of the Manor of Epworth: That in consideration of 
k Dives qui fieri vult, & cito vult fieri: sed quae reverentia legum, quis meius aut pudor est unquam properantus amari? unde habeat, quaerit nemo, sed oportet habere. Juvenal.  2000 Acres of land (formerly waist) to be given to Lilburn and Wildman, and 200 Acres to Noddel, they shall 
l There is all the reason in the world that he who causeth men to riot and rebel, should defend them in it.  defend them from all those Riots & Insurrections (a thing easily done) and maintain them in possession of all the rest of the 7400 Acres before laid waist, and keep them dry. Here deeds and writings were drawn up, and sealed accordingly. It seems by this that Mr. Lilburn was of opinion, that 
m 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.  money makes a man, and a poor man is neither excellent nor honourable.  
This bargain being made, Mr. Lilburn then with Noddle and others, came to Stantoft Church on the Lord's day, where a French Congregation of Protestants were assembled together, and most 
n Reader thou art to take notice that it is a Principle of the Levellers, that men must leave off all TEACHING and instructing each other, there is no use of Sermons, Sacraments, or Prayer: Preachers are the curse, and the spreaders of the curse, standing ponds of stinking water; yea the zealous Preachers are no other than Scribes, Pharisees. Judass, Traitors, Witches, Sorcerers, Deceivers, They & the People joining together in public worship is an abomination. Gathering Congregations, Church fellowship, & all outward forms, this (say the Levellers) is to betray Christ into the hands of Flesh, a deceit of the Devil, the government of the Beast, Antichristian captivity, and 'tis to be under the tyrant flesh, a new bondage, a wrapping men in confusion, the mystery of iniquity & only to hinder Christ the great Prophet from rising. New light of Righteousness.  profanely forced them from thence, and told them they should not come thither any more, unless they were stronger than they.  
Having dispatched this Lords days work, he and Noddle go then to another Manor, called Crowle, and there they agree with some of that Manor, 
o Note how this man boasting of himself (as it is usually his manner) in capital letters writes thus. I am one that hath the principles of Freedom and Justice engrafted in me, and of an Englishman that loves my Country above all the Countries in the world, and in a great measure hath the sense of my duty in acting towards its freedom and welfare engraven upon my very heart. In his letter to Mr. Kiffiin, p. 6. compare his actions and words together. In the Olympic Ganes he that was Conqueror, did not put the Garlad on his own head, but stayed till another did it for him, But Mr. Lilburn is always forward to commend himself. It seems he dwells by bad neighbours.  to assist them, as they had done the people of Epworth, to get the Commons into their possession: In order whereunto, they advise them, that they should impound the Tenants Cattles; and if they repleeved them, to impound them again, and to break down all their Fences, and to eat up all their Crops, and so to tire them out, unless they became Tenants to them.  
This mutinous counsel of theirs was immediately put in practice; whereupon the poor Tenants being terrified, and seeing their condition was like to be no other than their Neighbours, through necessity (and seeing otherwise they were undone) took leases from Jasper Margrave, and George Storin, who gave bonds to save them harmless: Thus were the Petitioners 
p Lucrum improbis justitia fit praestantius.  outed possession of both these Manors.  
When Dyonisius (in the story) had robbed an idol Temple, and at his return by Sea had a fair gale, and pleasant weather to waft him home with his spoils; See (saith he) how the Heavens smile upon us, and how the gods are pleased with what we have done. It's likely enough, all things going thus prosperously forward, Mr. Lilburn might say in his heart, God hath forgotten, he hideth his face, he will never see it: but a Heathen could have taught him otherwise, 
q 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.  cernit deus omnia judex.  
But to proceed with our discourse: At the making of those Leases, Nodell openly declared in the presence of twenty persons, that he would lay twenty shillings with any man, that AS SOON as Lilburn came to London, there should be 
r And reason too. For what Truant would not rather have the rod burnt, then to be whipped with it.  a new Parliament (no doubt but the other had told him so) and Lilburn would 
s But where then is the people liberty and freedom if M. Lilburn may do all this?  call this Parliament to an account (so said Jack Stra● and Wat●yler) ●urther adding, that seeing they had now 
t Post dulcia a mara, sweet meat will have sour sauce.  finished this of Lincolnshire (meaning by riots and fraud gotten the lands from the Petitioners) they 
u Not stay till they are sent for. But note here, how to go from Town to Town, and cast down Enclosures, this the law makes levying war, and so Treason, how will Noddel answer this?  would go over into York shire to the rest of the levels and do the like there, and so would g●ve 
x So do Thiev's make work for the Hang man, but they had been better to hav● sat still.  work enough to the Attorney General.  
One thing more at another time was delivered by the said Nodell; Having now stated their Case, they would print it, and nail it the Parliament door: and if they would not do them Justice, they would come up, and make an outcry, and 
y And why not destroy them too, as so many Weasels and Poulcats? It seems the man is but a learner yet.  pull them out by the ears.  
Neither is it to be forgotten that the aforesaid agreement being made, viz. the 2200. acres of land to be divided between Lilburn, Wildman, and Noddle, this they caused immediately to be measured out, and took the same into their possession according to the proportions mentioned. And agreed with several persons to let out some considerable part thereof: whereupon Mr. Lilburn he repairs the house built for the Minister, partly pulled down by the Rioters before, and puts his servant therein to keep possession; and having driven away both the Shepherd and the Flock, he employs the place in which they publicly met, to the use of a Stable, Cow house, Slaughter-house, and to lay his hay and straw therein. This being so, nomen mutatum; Instead of Sir Arthur Haslerig, lilburn's name being read, whether the Petitioners may not truly say in 
a A just reproof to Haberdasher's Hall, p. 37. Again as in another place, Mr. Lilburn hath most maliciously, premeditately, and in a despite & contempt of the Law of England, and most treacherously in subversion thereof, hath exercised a tyrannical & arbitrary power over and above the Law. A preparative to a Huc & Cry, pag. 36.  his own words; Lieut. Coll: John Lilburn (and his associates) have destroyed and leveled our proprieties, and in our Case subverted the Laws and Liberties of England, and exercised an arbitrary and tyrannical power over us, without any shadow or colour from Order, Ordinances, or Act of Parliament, to the unsufferable and unspeakable indignity and dishonour of the Parl.  
We shall add no more, but close with this; It is witnessed upon oath that Mr. Wildman was present when Mr. Lilburn made the bargain, That they two in consideration of 
* Nec venit in mentem quorum consideris armis.  2000 Acres, and 200 to Noddle of the land so laid waste, should defend the Inhabitants from all 
b Sueonius writeth, that a Physiognomer being demanded what he thought concerning the natural inclination of Tiberius the Emperor, Answered, I see in him 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 dirt mingled with blood: Thereby intimating that he would prove a covetous and cruel Emperor; the dirt in his complexion representing filthy lucre, and blood, cruelty.  Riots, both past and to come, and at their charge maintain them in the possession of the 52000 Acres: And likewise was present, when the Deeds were sealed to Mr. Lilburn and himself, of the 2000 acres according to the conditions aforesaid: so that the truth of the 
c Accipias nunc O anium insidias, & crimine ab uno disce omnes: Virg. Aene. lib. 2.  Narrative is not any way questionable.  
Because this business is depending in Parliament, (who no doubt are very sensible of the high Insolences and abuses committed, and will do Justice therein accordingly) we shall say the less to it, only will give the Reader some Observations upon the whole.  
1. Howsoever Mr. Lilburn seems sometimes to be so tender of the Law, as if none like himself were so conformable to the practical part thereof. 
d It remains upon record, to the lasting infamy of the Cardinal of Cremona, that standing and pleading against Priests marriages, was himself taken the night following in bed with a whore. No less is it a sin and shame to this man, to plead so much as sometime he will do, for Law & Justice: and at other times, when it is to satisfy his own lust and pleasure, not a greater transgressor of law and justice than he.  Nevertheless, where he hath seen profit and advantage, there he hath made it but as a Spider's web, blown it easily away, and broken thtough it. Coke sometimes is his great Master, but in this business of Hatfield Chase, he will allow of no such Cook, to dress his meat.  
In the third part of his Institutes concerning high Treason, he hath these words: 
e Changed 1 p. 9, 10  There is a diversity (saith he) between levying of War, and committing of a great riot, a Rout or an unlawful Assembly. 
f See Rot. Parl. in Cro. Epipham. 20. Edw. 1. Rot. 23 Humphrey de Bobuns' Case 4 Eliz. 210. b. Dier. See the Stat. of 2 Mar. Cap. 2. By which grand Riots in some Cases are made Felony. Pasch. 39 Eliz. by all the Judges of England, he being Attorney Gen: and present.  For exampl, as if three, or four, or more, do rise to burn, or put down any Enclosure in Dale, which the Lord of the Manor of Dale hath made there in that particular place, this or the like is a Riot, a Rout, or an unlawful Assembly, and no Treason. But if they had risen of purpose to alter Religion established within the Realm, or Laws, or to 
g The very Case which Lilburn undertakes to defend them in, both in respect of what they had done, or should do.  GO FROM TOWN TO TOWN GENERALLY, AND TO CASTANNA DOWN INCLOSURES, this is a levying of War (though there be no great number of the Conspirators) within the purvene of this Statute, because the pretence is public and general, and not private in particular: And so it was resolved in Case of Richard Bradshaw, Miller, Robert Burton, Mason, and others of Oxfordshire, whose Case was, That they 
h Observe how the like was practised by the persons formerly mentioned, and a resolution taken up to go forward, and to cast down Enclosures and Towns one after another.  conspired and agreed to assemble themselves with so many as they could procure at Enslow-Hill in the said County, and there to rise, and from thence to go from Gentleman's house to Gentleman's house, to cast down Enclosures, as well for enlargement of 
i Here we may see what fair pretences can be made for foul offences. It was for Enlargement that Mr. Lilb. had a chief stand in those Riots, but not to enlarge high ways but to enlarge himself with 1000 acres: Space & way enough for one time.  high ways, as of arable lands: And they agreed to get Armour and Artillery at the Lord Norris his house, and to wear them in going from Gentleman's house to Gentleman's house for the purpose aforesaid, and to that purpose persuaded divers others, and all this was confessed by the offenders. And it was resolved, That this was a compass and intention to levy War against the Queen, because the pretence was public within the Statute of 13 Eliz. Cap. and the Offenders were attainted and executed at Enslow-hill.  
How Mr. Lilburn here can 
k Here we suppose Mr. Lilb will need some Logic with his Law, either in Actu signato, and quo ad speciem, or in actu exercito, and quo ad invidium, how speciated by its object, & individuated by is circumstances.  quit himself from Treason or Felony according to Coke, unless by a Jury of his own choosing (who will not find him guilty for any Insurrection, or Conspiracy against the State, be the thing never so clearly proved) we leave it as a Querie to men, better skilled in the Law then ourselves.  
But 2. by this it doth appear, that he remembered not the proverb, A  child dreads the fire: For who but 
m Hannibal used to say of Marcellus, that he was such an Enemy as would not be quiet whether Conqueror, or conquered. Mr. Lilb. (thanking his honourable Jury) came off Conqueror, yet he could not for his life sit still, but there being a Commotion and Insurrection in the Country, yea though but one, yet whosoever is out, he will be sure to have his hand in it.  himself, having a little before so narrowly escaped punishment for sedition, would have thrown himself again head long into the danger? Theseus is said to cut off his golden locks, lest his enemies should take advantage by taking hold of them. It is possible he may think, that to make tumults and commotions in the Nation, is an 
n As Ishmael might have gloried when it was said of him, He will be a wild man; his hand will be against every man, and every man's hand against him.  ornament and credit to him: Notwithstanding, seeing he gives his Enemies hereby so much advantage, as to take hold of him, it were better he did cut off those golden locks, in giving over such contentious courses, which will prove his ruin & fall at last.  
3. Should such a precedent as this be left without due execution of Justice, in what 
o The Law saith, paena unius est multorum metus. Praes' Imu: In Cod. lib. 3. c. 27. ad leg. Jul. Again, Qui punit injustos, in caeteris prohibet fieri injuriam.  danger were the whole Commonwealth? For if men shall be secured and protected from the Law for all their riots past, & what after they shall commit, what should hinder the multitude from raising continual Insurrections every where? and to make lilburn's plea, Propriety, Liberty, Free-Commoners, etc. In the days of Ptolomeus Philopater, when the huge and great Anchor of the ship Thalmegos was laid out upon the shore, the children of Alexandria did ride upon the stalk, and crept through the ring of the Anchor, as if it had been made for pastime of Children: But wise ship-men knew it was appointed for better use; namely to stable and make sure the great Vessel, in great & tempestuous storms. Just so do some men serve the Law, if the 
p Foolish birds frighted a little at first with the Husbandman's scarecrow, and after a while observing that it stirs not, are bold to sit upon it, & desire it: So Rioters & Mutineers, when they see the law is not put in execution against them, become the more bold, & proceed from evil to evil.  execution thereof be neglected, they are ready to ride on it, and run thorough it, as if it were made only for sport: But wise Statesmen know it was appointed for better use, namely when Turbulent spirits cause Riots and Commotions in the Land, to preserve then (in such a storm) the great Vessel of the Commonwealth, by a due and careful proceeding against them, especially to make the 
q Pectora magnis obsessa malis non sunt ict● ferienda levi.  Authors and Ringleaders Exemplary.  
Thus we have showed what Mr. lilburn's carriage and deportment was, before his Banishment, and have fully proved the Assertion or Charge, to wit, That no man more deservedly hath been banished out of the Commonwealth of England for grand misdemeanours against the Reipublick than he. And therefore it is not true (as we said before) that the reason and cause of his banishment should be of some difference or particular Quarrel between Sir Arthur Haslerig, and him. Neither is it true which he writes to the General: 
r In a printed letter, p. 2.  That Primats business and nothing else, was the cause of his Banishment. For howsoever that business occasioned his banishment, yet originally and chief it was not the cause; but the 
s Our State here followed that saying, Cuncta prius tentanda; sed immedicabile vulnus ense recidendum, ne pars sincera trahatur. Ovid.  whole series of his former Treasons practised against the State, he having made it his 
t For not only before his banishment, but whilst he was beyond Sea, and since his return, he hath sought the ruin of this Nation: And therefore we may well say, a continual & constant work.  continual and constant study and work, to destroy the welfare and peace of the Nation.  
Now to the end that neither he himself, nor any other, may think we have taken this work in hand, either without cause, or not called thereunto, we desire it may be noted, how we are in a manner dared and challenged to it. If the 
u Should he not be well employed to reply to his slanders and falsehood, Regium est, male audire & bene facere.  General (saith he) or 
x He hath been answered before: And being not able to clear himself from the several treacherous plots laid to his charge, and proved, see how he comes off: As the Beast Doron, casting his Excrements at them. Arraignment, pag. 3.  any other for him, have any thing in imagination or supposition against me, to lay to my CHARGE, let him or them STAND UP AND SAY TO THE UTTERMOST, I crave no favour at their hand.  
To set forth things by supposition or imagination, we abhor it (though it hath been his constant practice against other men so to do) but whatsoever we have declared, as to his seditious and factious designs, are real and certain, as being either published by himself, or under oath asserted by sufficient witnesses.  
From England we are now to follow Mr. Lilburn in his actions and procceeding beyond Sea: And here we find it true, Non gens sed mens; though the man have changed the Air, and be under another Climate, yet no way altered, (but rather worse) in his malicious practices against this Commonwealth, so that the saying is true (and fufilled here) 
y Magna vis est consuetudinis, quae non modo lex ipsa, sed altera est natura: neque enim solum legem imitatur sed & vincit legem adeoque plus valet quam lex ipsa. Arist.  great is the force of Custom, which is not only Law itself, but another nature, yea which breaks Law, and prevails above it: so that 
a Consuetum quidquid est, tandem praesumitur justum.  what a man is 
b It is Like a man that moves a stone on the top of a hill, which never ceaseth running & tumbling till it come to the bottom: so is he in his desperate designs against this Commonwealth, unwearied and restless. Facile vocaveris cacodaemona, sed vocatum non facile repuleris.  accustomed to do, he thinks it at length to be lawful.  
We have proved before, that no man hath been banished out of this Nation for greater Crimes than he had done against the Government established. Our next Assertion is this; No English Exile in the time of his banishment, shown more malice, or contrived greater Treason against England, than Mr. Lilburn did against this State, in the time of his Residence in the Netherlands.  
We know what it is to bear false witness, and therefore are 
c Veritas res omnium justicima. Multo suavius est, vera dicere quam audire.  careful not to set things down otherwise or further, than we h●e most evident and clear proof for the same.  
1. Never was a State by the mouth or pen of any Exile (we exempt not Parsons, nor any other Jesuit) made more execrable, odious, and detestable, than he hath rendered Ours, to Foreign Nations. But that we have it under his own hand, otherwise had it come by report or hear-say, we should not have believed it, being so unparallelled, scandalous, and malicious. Thus he writes: 
d Lilburn Revived, p. 6.  O renowned and worthy Heathens, far surpassing in honesty, and far surmounting in Justice and Righteousness, our great pretended Christians, the Governors in England, that 
e How could he in his coming over have any hope to be safe under such Governors: It is probable he expected no such thing from them: but having made them odious before hand, he made full account that others would have joined with him in cutting them off.  judge no means nor ways, though never so abominable in themselves, too vile for them to undertake for the accomplishing of their own ends. Whether it be treachery, murder, perjury, breach of faith, or what ever it be: And who have cheated all manner of Interests, that ever yet in their lives they dealt with; and hold it an undoubted Article of their Faith for the support of their state & policy, that it is not fit nor convenient for them to keep Faith with 
f Note how in his Book Entitled, A defensive Declaration of Lieut: Colonel John Lilburn, he speaks not a word of this, nor any way repenting for it, but of a Pass, that he might come speedily home, as if our State would have been glad to have received him, with all his treachery against it.  ANY INTEREST OR GENERATION OF MEN IN THE WORLD longer than it serves their own end: Being absolutely in their own thoughts (as their constant practices sufficiently declare as clear as the Sun at noon day) tied by no Engagement, Declarations, Protestations, Oaths, Covenants, or Contracts whatsoever, that even amongst Pagans & infidels themselves are most sacred, longer than they please.  
Our Enemies being Judge● was there ever more reproach and contempt cast upon any Government? Is it imaginable that any people under heaven are such monsters, monstruous monsters, as he is pleased to report of us? was not this (if believed) enough to have raised up all foreign States against us? Who would desire our Amity or Friendship were these things so? What Cavalier or Malignant could have done more to have advanced Charles Stewards Interest? Where the building is green and not dry, things are the sooner put out of order: Mr. Lilburn knew our Commonwealth was new and tender, and therefore as taking advantage before it was fast and well settled, he makes account the easier to overthrow it.  
There is a kind of Serpent, the nature of whose venom is such, that if it enters into the body, it provokes to vomit, and causeth the person to bring up whatsoever is in the stomach, in thick and filthy fleagm. The Serpent's sting being entered into this man's 
g It is worth the noting; after he had thus basely reproached the State, he adds, If any of their mercenary pen men dare be so impudent as to deny this that I now say of them, and endeavour in their behalf to prove the contrary: I dare hereby engage my life and reputation by abundance of evident, declared, & known instances, to prove these my present assertions as clear as the sun in its most glorious shining. But this is a vapour, for his manner is not to stand to the justification of his writings: As for example, at his Trial in the Guild-hall, I do not own a jot, a line, a word, a syllable, or any of them: and so it's likely he will do here, not own any thing, which denotes a man of a cowardly spirit, having put his hand and name to a thing, afterward to say, I will not own it.  tongue, see how he vomiteth; Only it is a marvel that the stink thereof had not poisoned himself.  
Neither is this all, but he hath more and worse in another place. You have rendered yourselves (saith he) the scorn and contempt of all Europe, having given too just occasions to the Nations round about you, to judge you less faithful, and your Oaths and Promises less to be regarded, than Turks, Pagans, and Infidels. Your most reproachful and perjured Actions, have rendered yourselves and your Religion in the eyes of the sons of men, 
h He faith himself, that he hath a quick and sharp pen; he might have added, and a tongue sharper than 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 folly, murder, madness, and ridiculousness you have visibly in the face of the world outstripped: And already made good the truth of the worst of the Kings say against you, or the sharpest and bitterest of his pens against you: And who in history 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 speaks, when he saith: In all my actions and carriages beyond Sea, I have been to the utmost of my power, understanding, and ability, as studious and industrious a real wellwisher to the prosperity of the people of ENGLAND in general, as ever I was in my life. A defensive Declaration of Lieut: Coll: John Lilburn, page 16. He knows, qui nescit dissimulare nescit impe●rare.   
It was the policy of Ziba to devise a lie against his Master, and then to speak of it himself unto David, whereby to alienate the King's affection from that honest man: 
k So did Nero, when he had set Rome on fire, he falsely charged the Christians with it.  The very same here, is lilburn's design; he raiseth falsehoods 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 Governors' State-Hereticks, and then proceeds to cutting off: So it was his design beyond Sea. And because this business 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 he heard Colonel Charles Lloid, Engineer Gen: and Quartermaster Gen: to the late King, Captain Luke Whittington, Agent to Charles 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 lilburn's writings, but the fury and madness of the man, as if he would kill & destroy every body that is in his way.  proposed several times to Sir Ralph Hopton, and sometimes to Coll: Charles Lloid aforesaid, & several others, that if the aforenamed persons would procure him 
m Well may the love of money be said to be the root of all evil. For what wickedness is there, but a covetous man will commit, if he may gain by it.  10000 l. he would destroy the Lord General Cromwell, the Parliament and Council of State that now sitteth at Westminster, and settle Charles Stuart King of England (as he called him) in his Throne in England, or else he would have a piece of him nailed 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: Colonel did not only move with much violence and earnestness, showing which way he would bring this his proposed design about; but 
n This is the more likely to be true, because when he was in England it was his constant practice to go from place to place to stir 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 design) and whose affections and opinions were most suitable 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, he would 
p One of Mr. lilburn's friends writes thus, It is a firm law, and radical principle in nature, engraven 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 itself from all hurtful things, destructive and obnoxious thereto, to the uttermost of his power. overton's Appeal, pag. 3. If this be true, then hath the Commonwealth of ENGLAND great reason to look about, and beware of this man's design.  destroy the Commonwealth of England in six months, or he would have a piece of him nailed upon every post in Bruges. The Lord Hopton told the said Lilburn, that it could not be so facile a thing, though he believed it might be done, but not in so short time; To which the said Lilburn replied; My Lord, I'll show you how it shall be done, give me but the moneys I propose for, and I'll have my Agents (for I have enough of them) that shall give me an account of all the Commonwealth of England's proceed: And by those 
q But who are they? Vain and light fellows, like such as followed Abimilech.  Agents I will spread my papers abroad, that shall instigate the people against the Parliament, & so by that 
r We hope when this Case and Craft which is here discovered, shall be understood by the people of this Nation, he 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 Council of State, and the Lord Gen: Cromwell in half an hour. So he.  
3. Captain John Bartlet saith, About the 20 of July, 1652. in an Arbour in Plaringdoll, three miles from Ostend in Flanders, Lieut. Coll. John Lilb. did propose to Coll. Charles Lloid, Quartermaster 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 Charles Lloid, or any of the aforesaid persons would procure him 
* It is reported of one, who for the like sum of money was hired 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 lilburn's means.  
4. Richard Foot affirmeth that he heard Mr. Lilburn speak these words: If my Pass come not up, and I find that its Cromwell that hinders it, as it must be, for it lies in his power, I will either kill him myself, or 
s This shows what for Agents he had.  send one to do it: Then one of the Merchants asked him how he could do 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 dream of our Preacher. New Law, p 78.  Conscience in this case: For if I am banished without law, conscience, or equity, and deprived of my natural Air to breath in, which is every man's birthright, 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 idol. New Law, pag. 97.  justly right myself 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 Wolf, I may use what device I can to kill him. So if Cromwell keep himself above the law, that I cannot have my right by the law, I may kill him how I can.  
The Sepiae, a certain kind 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 denial, 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 remember that he hath any where laid any thing to the charge of these men, as to tax them with any particular miscarriages: So that every rational man will give the more credit to what they have testified upon oath.  Witnesses, as to be Spies; suborned, Rogues, Knaves, etc. Here now our business is, to lay down some Rational Considerations, as to the proof of the Charge; that is, whether the impartial and understanding Reader (walking by the rules of Judgement and Reason) is to believe his bare and single denial, though backed with Vows 
y May not he lie in his protestations here, as he did at his last Trial, 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, etc. rather than 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 General Cromwell.  
2 To destroy the Parliament and Council of State.  
3 To settle King Charles (as he called him) in his Throne in England.   
Of these we shall speak in order.  
Concerning the kill of the General, that he said it, and intended as much, we have these Reasons to believe it.  
For 1. this is no more than what his own 
a It is likely so he will again, if he can set it out in print, with his name to it; but here he knows how to help himself if called to an account: Who can prove it is mine?  mouth hath publicly 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 she had a purpose to kill him; if some other afterward should have told the Prophet, that he heard her likewise say the same, had he not reason to have believed this later report also?  
Decipies alios verbis vultuque benigno:  
Nam mihi jam notus dissimulator eris.  
Others thou mayst beguile with words, and such face make:  
But unto me art so well known, dissembler I'll thee take.  
But 2. We cannot observe in Mr. lilburn's practice and carriage beyond the Seas, any change of his mind concerning the murdering of the General 
b Yet at his first arrival, 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 we may give credit to what is published under his own hand) an increase and growth of desperate wrath, selfe-revenge, and bloodthirstiness. And so much is evident by such expressions. That grand Tyrant Cromwell, Cromwel's beastly and abominable tyranny: The cheats of that hypocritical and Alchemy Saint Oliver, and his graceless Tribe. Their false, treacherous, 
c Nec tibi dua parnis, generis nec Dardanus author perfide, sed duris genui● te cautibus horrens Caucasis, Hyrcanaeque admorunt ubera egress. Virg. Aeneid. l. 4.  hellish, diabolical & cowardly means. I judge him to be as false as the Devil, and whom 
d What man ever shown more hypocrisy, then after all this, by insinuation and flatteterie to seek the General's favour.  I will never trust again whilst I breath, let him swear and protest never so much: For 
e For shame once in your life show yourself like a man, & be not still a beast.  shame my Lord once in your life learn to be just, ought not you yourself (my Lord) to be hanged? etc.  
The 
f Omnia membra in seen deficiunt, excepta lingua, quae nunquam quiescit. Wolfang Franzius, hist. Animal. Tract. 4. Cap. 2. pag. 726. 272.  Asp in her old age hath all her members decayed, only her tongue is as bad as ever. This Book wherein he thus reproacheth the General, is called Lieut: Coll: John Lilburn 
g If you wake a drunkard out of his sleep before the drink be out of his head, he will rage's and take on as if he were mad: It seems Lilburn was ●a● asleep, being drunk with malice & self-revenge, & being awaked sooner then 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 we know, smells not the stink 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 with we mentioned before, pa. 30. wherewith he hath caught many malignant Gnats.  dung should proceed from him, and he no way sensible of the stink thereof. But seeing this 
i His tongue hath been like a mill lose hung, which makes a noise & crackling, but grinds no corn. So with his reproaches and raylings, he hath filled all places with a noise, 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 down a little more, that it may appear, the intended murder which he acknowledgeth himself, and by others since is witnessed, was fixed and settled in his malicious heart. In a letter to his Excellency thus he writes:  
You know I have a quick and 
k See how the vain man glories in his shame: As some beasts when they have voided their dung, turn about to smell to it  sharp pen, and therefore give me not cause to challenge you, or any of your Champions 
l Here is so much drawn out to discover the blackness and filthiness of his actions, as all the soap he hath made, had he it by him, would never make him white and clean again.  to draw out a short Epitome, or into a larger Charge, all that evil that in your own thoughts you can colourably imagine unto the Bishops, Star-chamber, Council-table, High Commission, or any person therein were guilty of, nay or any person since their downfall, by you executed, for the highest of Treasons, Tyrannies, and Oppressions were guilty of: and yet comparatis comparandis, for me to aver you outstrip them all, and in particulars to undertake upon 
m But when his life is questioned for such things as he here speaks of, than he will not own a jot, a tittle, a line, a word.  my life to make good: And that those say of God by the Prophet Ezekiel, Chap. 16.48.51, 52. (mentioned in the Title page) may as truly & as justly be v●rified of you, as they were of Judah or Jerusalem. And that you have outstripped (comparatis comparandis) all those whom you yourself count the most wicked men, that you have pulled down, and therefore have done in Actions as much as in you lies to justify all their wickedness, that in 
n It seems he forgot here, how he had condemned the Lawyers for their large Fees, & pleading bad Causes, afterward did the like, or worse himself.  words you have condemned.  
And besides (my Lord) what faith, what truth, what honesty can be in that man, or in that generation of men? that by a constant series of his, or their Actions, visibly and apparently declare: He or they hold it lawful to commit 
o When Domitian the Father of Nero heard the people, upon the birth day of his son to make a great acclamation: he told them there needed no such rejoicing; for nothing could be born from him and Agrippina, but what would be pernicious to the Empire. We may say the same of this man's brain-conception, it is so pernicious to the Common wealth, as no man hitherto hath had cause to rejoice at the birth of it.  ANY MANNER OF WICKEDNESS OR BASENESS WHATSOEVER THAT CAN BE NAMED UNDER THE SUN, for the accomplishment of his or their proposed end, whether in itself it be wicked or righteous, yea to cheat, break faith with, and murder the nigh●st Relations a man can converse with, when they 
p We had heard none of all this, if his ends had not been crossed, & so much confesseth himself, & in this hath discovered himself, what he is.  cross his end. Yea, and for that end only to raise wars upon wars, to the devastations of Kingdoms and Nations; the gulled, cheated, and abused people's lives, and truly being of no more value with him or them, than so many dead dogs, serving him or them for no other end but to be his footsteps, to climb up to the top of absolute and arbitrary power and pretended Authority, or unlimited and unbounded King-ship. And that you my Lord (
q Observe how tender this man is of his good name, as not to be taken away behind his back: Thus he writes, I entreat your Lordships & Honours (the same men whom he had before called Tyrants and Murderers) as you are men of honour and conscience, suffer not my good name behind my back to be rend and torn in pieces with notorious lies and falsehoods A defensive Declar. of L. Col. J. Lilb. p. 20. Was there not reason, that he who had raised against them, & behind their backs so many notorious lies and falsehoods should be heard and satisfied.  particularly) are the man that is guilty of all this in my judgement and apprehension.  
When we see sparkles and flames to come forth from the mouth of an Oven, we know that fire is still within: Those flashes of his tongue, what do they signify? but fire continued still in the furnace. That is, the execrable murder intended against his Excellency before his banishment, was kept up, and continued in his heart, all the time of his abode in other Countries.  
But 3. That the Reader may believe the forementioned Charge to be true, rather than what he speaks to the contrary; we shall here set down his own words in print, which do amount to as much, as by the witnesses is asserted in this particular. Having declared his willingness to surrender his Estate into his Wife's hand, he adds this as the reason: That I might be left (saith he) to myself, to manage my own private business, as a master workman, or a poor instrument in the hand of the Almighty, to the purpose to 
r The tongue is a scourge, and many by it have been wounded in their good name.  chastise that hypocritical and Alchemy, Oliver Cromwell.  
Now because this might seem to be somewhat dark, the word Chastise being ambiguous, he explains his meaning a little after, I am totally and positively resolved 
s It is by most believed, that his coming over was to make good what here ●e saith. It was well we knew so much before hand.  never to see England so long as Cromwel's hateful, detestable, and beastly tyranny lasteth, UNLESS IT BE IN A WAY TO PURSUE HIM AS THE GRANDEST TYRANT AND TRAITOR THAT EVER ENGLAND BRED, OR THE PEOPLE THEREOF EVER READ OR HEARD OF: And therefore once again in good earnest, 
t Here is open war proclaimed, but he forgets Nulla salus bello: pacem te possimus omnes, pax optima rerum quas homini novisse datum est: pax una triumphis innumeru potio● pax custodire salutem, & cives aequare potens.  sound Trumpets and Drums, and have at thee Oliver with all my might.  
Can any man imagine, that he would set this this to the world, and not say as much (if occasion served) in the hearing of his Friends, especially to those persons, for whose sake this chastising and pursuing of the General was to be undertaken.  
It is said of Ladas, Alexander's footman, that he ran so lightly and swiftly upon dust or sand, as the print of his feet could not be seen: But this man steps harder and deeper, as leaving still behind him such remarkable prints of murder and Treason, that a man may easily trace him every way, as he runs along before him.  
There are several other passages in his writings, wherein he declares an intent to do the Gen: some mischief. Let them give Oliver (he means the Dutch) a box on the ear, on the one side in their own way, and give me but leave in my own 
u What his way is, you have seen it before, as likewise in the examination of Capt. Titus; Give me (saith he) but the moneys that I propose for, and I le have my Agents, (for I have enough of them) that shall give me a continual account of all the Commonwealth of England's proceed: And by those Agents I will spread my papers abroad, that shall instigate the people against the Parliament, and so by that power I have already, and that power my Agents shall make, by working upon the people, I shall destroy this Parliament, the Council of State, and the Lord General Cromwell in half an hour.  way to give him a box on the other ear: And if I do not do it hearty, and to the purpose, I will freely give them leave to account me a knave for my pains: And if I do it hearty and effectually, although it be not in every punctilio in their mode, yet I am sure 
x Note how he openly declares to be an Enemy to this Common wealth, and would engage in the behalf of the Dutch to the prejudice of our Nation: Quidquid hostis facit jure belli agit ac suspitit, & licet turpiter saepe facit quod sit hostis, tamen cum hostis sit, turpiter non bellum gerit. Arg. l. 4. Si sed quod D. Con. Obrump. Caus.  they can be no loser's by it.  
We do not gather these things up, as thereby in any way to move the General against him, or that he should be otherwise towards him then formerly he hath been: Suffer evil doers patiently. For 
Nobile vincendi genus est patientia: vincit  
Qui patitur: si vis vincere disce pati.   
But we do it to this end, namely, to show that there is 
y And the rather to be believed, because we know not of any thing that he hath to lay to their charge, whereby the truth of what they do affirm should be questioned.  reason to believe his Accusers, and not he; seeing what they have witnessed concerning his intent to murder the Lord General Cromwell, is no more than what he did resolve to do by his own 
a The Law saith, Confessio superat omne probationis genus. Confession is beyond all other kind of proof. Bern. in l. Simo confess: de Cust: reorum.  Confession. Again, since that time, is grown more malicious, and in his later writings, hath publicly declared a purpose to do the very same thing.  
We proceed to the second particular, to wit, of his intent to destroy the Parliament and Council of State. That this may be true, and the less doubt to be made of it, consider,  
1. During the time of his Banishment in the Netherlands, he counted the Parliament no other than he had done before, 
b John Lilburn revived, second letter, pag. 7.  viz. Tyrants, Traitors, Murderers, Knipperdolings; Men that exercised a tyrannical & arbitrary power, a kingdom of brambles, highly commending the history of Independency, as the penman to be an understanding Author: and among other passages citys these as 
c It is no marvel that he calls this remarkable and notable, for it is no more than what he useth to write himself; so that in commending of it, he highly applauds himself.  most remarkable, and notable, where he declareth and protesteth that the Parliament as a combined treacherous Faction, have forced an Inter-regnum, and Justicium upon us, an utter suspension of all lawful Government, Magistracy, Laws, and Judicatories, so that we have not (jure) any Laws in force to be executed, any Magistrates or Judges lawfully constituted, any such Instruments of the Law, as a lawful Great Seal, or any Authority in England, that can lawfully condemn, and execute a Thief, Murderer, or any other offender, without being themselves called Murderers by the Law. 
d Milo Crotoniates whilst he was tearing asunder the stock of an Oak, his strength failing him, the Clift suddenly closing, was held so fast by the hands, that he became a prey to the Beasts of the field. The like thing is happened to this Historian; whilst he was cutting down with the Axe of Treason the Commonwealth, he was caught and laid fast by the heels.  All legal proceed being now Coram non judice: Nor can this remaining Faction in the House of Commons, show any one precedent, 
e There have been Precedents, Law & Reason enough, were not he and Lilburn like him who said, Non persuadebis etiam, si persuaseris. We say, nulla tam sancta lex est quam non oporteat, si salus populi postulet urgeatque necessitas, mutare. Bod. de Reip. l. 4. Again, Quod non est licitum in lege, necessitas facit licitum. Again, nihil quod est contra rationem est licitum.  law, reason, or authority whatsoever, for their aforesaid do, but only their irrational, tyrannical votes, & the swords of their Army.  
Here we have Mr. Lilburn, and the Anti-Independent Historian, like Herod and Pilate, made friends. And that Mr. Lilburn may have the more respect among Malignants, he brings this understanding Author with him, who is (as he saith) a Cavalier sufficient, even in the highest, and yet speaks not reproachfully or contemptuously, but honourably of him. But could he do less? seeing they are here, not two, but 
f Like Sampsons' Foxes, though their heads be asunder, yet their tails tied together, with firebrands between, both seeking to destroy the peace of the Nation.  all one in Trason against the State, even combined and knit together. But to the point in hand.  
It being his opinion that the Supreme Authority of this Nation is unlawful and tyrannical, what rational man will not think, that without the least scruple of conscience, he can as willingly and effectually destroy those men in power, as so many Weasels and Poulcats, as to have formerly murdered the Juncto, or Gentlemen sitting at Westminster; the later being (in his understanding) as very Tyrants, Murderers, Thiefs, as the former were: And seeing his conscience was free thus to act, 
g Querie, If he can get as many to follow him as will enable him with his sword in his hand, whether he will not do Justice and Execution upon those si●ting at Westminster, as he said he would do Execution upon the former.  why might not his tongue be as forward to declare the same?  
Then 2. That Mr. Lilburn did speak the words whereof he is accused, we have reason to believe; because we find among his writings, that could such a thing be done, it would content him very much, and the Authors of such Treason & Murder, should be reputed the true lovers of the Liberties and Freedoms of England: 
h Lilburn revived, first letter, p. 12.  That it may appear our purpose is to deal candidly and fairly always with him, we shall here insert his own words: 
i So the Jesuits, when they would persuade a man to execute any bloody design of theirs, for encouragement, tell him that in doing so & so, he will show himself a true lover of the liberties of the holy Church. The great Case, etc.  Only here is (saith he) their alone fear that now troubles them, viz. that in the absence of their Land Army, the true lovers of the Liberties and Freedoms of England, should have had an opportunity thereby, to imbodie together, and so force the establishing of their long promised, and long contended for Rights and Freedoms: And then 
k We know he looks for such a night, in which England may have cause to say, venit summa dies & meluctabile tempus Britaniae, etc.  good-night Oliver, and all his hypocritical Cheats.  
It is an opinion among the Turks, that until men come to be of their Religion, they are Meshumadim, sinners, and lost; but turning Turks, Musulmamim, servati, as if then they were saved, and not before. Whosoever will look over this man's Books, shall find, that so long as people are sober, peaceable, well-affected to the Government established, they are (with him) no lovers of the Liberties and Freedoms of England: But if they turn Rebels and Traitors against the State (which he calls imbodying together) 
l As Saul held them all for his enemies that would not join with him to destroy David: Only Doeg is his true friend.  then servati, gallant blades, true Burford friends, worthy Soldiers, etc.  
3. Neither is it without ground to believe that such words were spoken by him, considering what is here said, as to the means and way how he would destroy the Parl. and Council of State, it is the same which elsewhere he declares publicly to the world, viz. by 
m There have been so many of these Agents whipped, and sent to Bridewell (being the rascality of the Nation) as few desire to follow the Trade any longer.  Agents which should spread his papers abroad to instigate the people against the Parl. What these Papers are, and the issue and effect which he expects by them, he tells us thus.  
I have a long time in my imagination laid down a 
n Cau●e si non Cast.  method to myself (which I would not 
o That which is bred in the flesh will hardly come out of the bones.  willingly go from) by me to be used in appearing in print again to the world, rationally and 
p Of this we have spoken, viz. the several wiles and ways which he hath used to destroy the Parl. & Army.  methodically, to prepare and make way for my former Appeal to the 
q Here we must understand his Agents, for to others his writings have been a trouble and a burden, but qualis herus talis servus.  body of the People of England. Now to know his meaning here; This writing is intended against his cruel Judges, who merely for the accomplishing their own ends, took away the King's life, that so when they had slain him, they might take possession of his Power and Estate, and at their pleasure 
r Who took away 2000 acres of land, & divided it?  divide it among themselves, and their slaves, and by the strentgh and power of it, 
s The fruit of a tree in the West Indies called Yogma, will fatten swine, but it's naught for men. We see how this man fills his belly with reproaches and railing, which to others is most hateful.  domineer arbitrarily and tyrannically over the lives, liberties, and Estates of the anciently free people of England, etc.  
Therefore to destroy these Tyrants, I will (saith he) do the best I can in my Appeal, to discover the cheats of Alchemy Saint Oliver, and his graceless Tribe in that Vote: Also I will 
t Here some things are left out, viz. with Machiavels principles, and Jesuitical doctrine.  instruct the people of England, in the best way, method, or form that I can, to set themselves in, to obtain the real exercise of their declared rightful supreme power. And also produce them several 
u Namely from John of Leyden, Wat Tyler, Cades, Kets, & such like, having gotten the quintessence of them all.  Precedents from the practice of the people in the Ancient and most famous Commonwealths of Rome, and the Ancient Grecian Commonwealths of Athens, Corinth, Thebes, etc. 
y If he have read such Stories, he can tell us something, how the Supreme Authority of these Commonwealths dealt with Incendiaries, and can tell us of hundreds, some that have been banished, others put to death for less Treason, than he hath committed against our State.  How they practised their Supreme power upon many occasions, even upon the greatest Generals, Noblemen, 
x If he had not told us this himself, we should not have thought he had read much more than Magna Charta, and our own English Law-books.  Senators, or Parliament-men they had. And there is abundantly more Reason and Ground for the people of England, NOW TO CONTEST EVEN TO THE DEATH for the Election from among themselves of Tribunes, or Keepers, or Defenders against the annihilating encroachments, that their present tyrannical Riders have already made upon them, than ever in the days of old, etc.  
Whilst there was a contest among the birds about a Rose found in the way, a mischievous Owl came in the night and carried the flower away: It is probable enough, could he but occasion the 
a This contest which he speaks of is like the Herb Cohobba, which being snuffed up into a man's nostrils, makes him mad; such a powder he gives to his Agents.  contest he speaks of, viz. make a dissension and breach between Parliament and people, he would cunningly deceive all parties, and get the Rose to himself. But let us hear what he saith further.  
And also I will 
b His shows are like those fires which by night appear burning on hills, which if a man follow, they will insensibly lead him into terrible downfalls; the truth of which he hath experienced himself, and many more by his occasion.  show them Grounds and Reasons to demonstrate clearly to them, that there is in manner a great necessity for them to contest for the establishing by a law (as to contest for the safety of their lives) those two essential Maxims, without which England in a Commonwealth can never be free. viz.  
First, that the Chief Commander of their Militia, or the General of their Forces, by Sea or Land, be often removed, at least once every two years, upon pain of 
c The Romans in great perils created a Dictator, by whose command all things were done It is much, seeing Mr. Lilburn is so skilled in history (specially the Roman) that he acquaints not the people with this office; it's likely he thinks they would not choose him, and therefore it's concealed.  immediate death upon the least refusal to surrender his Command.  
2. That they make strict & sure provision for the keeping out at one and the same time divers of one family or kindred in their chief places.  
Seeing Mr. Lilburn pretends to have some knowledge in the history of Commonwealths, we shall tell him what was practised in the Commonwealth of the Lycians. There it was ordained that all those that propounded any Novelty in matter of State, should deliver it in public with 
d That which he hath published since his coming over concerning Parliaments, not having power to alter fundamental Laws, is such a novelty as he had been hanged for it, had he published it among the Lysians.  a halter about his neck, to the end if their Propositions, were not found to be good and profitable, the Authors should be strangled in the place: That these things are Novelties, he knew well enough; and we know as well, that in propounding them, he meant neither good, nor profit to the Nation: But like an Enemy without the walls, casteth Granado's and Wildfire in, not regarding where it falls, so it may do some mischief and hurt amongst us.  
But one thing here, is remarkable, to wit, how evidently his own gross hypocrisy is discovered by himself. Mark all Readers that have sense; he pretends as if the Liberties & Freedoms of the people were dear to him, and hence it is, that he writes so much against Tyranny and Oppression. Whereas it is 
e The Jesuits protest to live by begging, yet so uti, vel non uti prout commodum vi deretur, to do it, or not, as they see occasion. Hist. Trent, l. 10. so is he for the people's Liberty, to speak or not to speak of it, as he sees it is best for his own advantage.  otherwise, his mouth witnesseth against him: For thus it follows.  
If by the help and benefit of this intended Appeal, the people of England come to assume unto themselves the true excercise of their public declared power, that their present Tyrants in words have already instated them in, and deal with my grand Adversaries thereby according to their demerits. Let my bloody and malicious Adversaries THANK THEMSELVES IN NOT LETTING ME ALONE TO SIT UNDER MY OWN VINE IN PEACE AND QUIETNESS. 
f And so much hath appeared in all Incendiaries and disturburs of States: Only their own Interest, because they have been unsatisfied in some things concerning themselves: Thereupon have made Insurrections & Tumults, and to draw the people in with them, have cried up Liberty & Freedom, whereas the public good was not at all minded.  So than if Mr. Lilb. had been let alone, and not crossed in his will and way, there had been no Appeal made, No Hue and Cry after? Tyrants, Murderers, Thiefs, etc. nor any need or cause so to do. It was not the people's Liberty & Freedom that moved him thus against the State, but (as he saith himself) his own private Interest: namely because he could not have such things (as 
g But that we think he understands not Latin, otherwise one would have thought he had read Seneca, where it is said, Pecunia ingens generis humani bonum: cui non voluptas matris, aut blandae potest paresse pralis, non sacer meritis parens.  money, lands, preferment) as he expected: All which we know to be true, had not his own mouth spoken it.  
We come now to the third and last particular, viz. To settle Charles Stuart, King of England (as he called him) in his Throne in England. That he should thus speak, and promised so to do, we have these reasons to believe that the same is true.  

h Neither hath any man shown himself a greater dissembler than he hath done in this particular, viz. in doing as much as any man to have the K. put to death, and afterward to pretend he was against it.  
i Lilburn revived, 2 letter, p. 6, 7. we only relate what he saith himself as speaking now to the Caval.  No man (saith he) was more against the putting of the last King to death then myself, and spoke more to the Grandees teeth about it, than all the Cavaliers put together in one, avoidably durst have done. Yea so highly displeased was he with that action, that had there been two sons of his own Judges in the high Court of Justice, he would have 
k This is the man, who a little before told us, that if he had been let alone, he would never have meddled with matters of public oncernment.  chopped off both their heads for conspiring to overthrow and destroy the liberties of the Commonwealth: following herein that famous and renowned Consul Lucius Brutus in Rome. See here how like another Jehu he calls out to the Cavaliers, See my zeal to your Lord and Master.  
Again, 
l An Out cry of the young men, p. 2.  the King most illegally was put to death, by a strange, monstrous, illegal, arbitrary Court, such as England never knew. This speech of his is much like the Answer which 
m Cicic. de divin.  Pythius the Priest gave to Pyrrhus the King of Epire.  Aio te Aeacida Romanos vincere posse. 
An Answer so dubious and discrepant, as it cannot be gathered from it, whether He or the Romans should overcome: his speech here is of the like ambiguity and darkness. For ye cannot directly say, whether he thought the King guilty and worthy of death, yet so, as not to have suffered in the manner he did: or whether innocent, and so not to have suffered, (as to his life) in any judicatory way at all. Now in this, there was some reason why he should not be 
n The Turks Painter being to set forth several Nations according to their dress and habit, leaves one people naked: and being demanded a reason thereof, Answered, he knew not what apparel to put on them. So we must here leave this man naked, as being ashamed and afraid to speak out his mind as to the taking off the King's head (as waving the manner of the proceeding) whether as a King the people could have put him to death or no. Machiavels maxim is, that in designs men must be close, and in Conspiracy against the State, the complotters thereof must not pass the number of 3 or 4.  too open, for thereby he might have lost the Interest of some parties, in not joining with him in the GRAND DESIGN.  
2. Not only hath he apparently declared, Prince Charles Apparent Heir to his Father's Crown and Throne, but likewise in his former papers hath most treacherously persuaded the people to receive him, as being a thing justifiable before God and man, and very much to the prosperity and welfare of the Nation; his own words are these.  
I do not see but you may more justifiably before God or man join with the Prince himself (yea I am sure 
o Judge Reader, whether this man would not sooner join with Charles Stuart, then with the Interest of the present Government, if there should be any engagement in War between them; who affirms that it is better a thousand times to join with him, then to the present Government.  a thousand times more justly) than the present ruling MEN: and if we must have a King, 
p Not for any love to him we dare say, but as a Thief, cares not how, nor which way be take away the true man's purse so he hath it. Just so it is here; If he might but once see this Commonwealth destroyed; As for the persons, who they were that did it, it would be all one to him, either Stuart or Turk.  I for my part had rather have the Prince than any man in the world, because of his large pretence of Right, he being at Peace with all Foreign Nations, and having no Regal pretended Competitor.  
He that thinks Charles Stuart hath more lawful right to the government of this Nation, than the present Supreme Authority, and that the people should do better, if he were here settled 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 always as he sat 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 Commonwealth, so we know it is our duty to speak of it unto such as are most concerned to look after it. Praevisa minus Laedunt, forewarned, forearmed: It is easier to shun the snare, then being in, to escape.  
But 3. The great familiarity which was between him and the Cavaliers, whilst he was resident in the Low Countries, 
q It hath ever yet been held a maxim of all Statesmen, to look on those no other than Traitors, who keep close correspondency and familiarity with such as are known Conspirators 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 himself, we 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 Buckinghan and him, was, that he 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 whom the State of England did account as treacherous and dangerous to them, as the Duke himself, or rather more.  than any way to weaken the Testimony. Those that were the Parliaments Friends, with them he neither took, nor desired acquaintance: but such as were known to be their greatest Enemies, were evermore his familiar and special 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 Enemy, as did plainly signify there was some treacherous design amongst them against the peace of this Nation.  
When the Carthagenians understood of Alexander's intent and great preparation for Africa, 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 served, give him an account thereof. Mr. Lilburn would have made the world believe that he was sent over into Holland as a Spy, to discover unto the State here the counsels of the Cavaliers. But (hoccine credibile est aut memorabile) how could he think that any 
s Unless he 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. Shown such large affection to the Son.  
And 3. for this Government, none had more opposed it, nor done half so much for to destroy it, as he had done.  
So that the Cavaliers 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 than 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 ears? 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, do acquit him? wherefore do all seditious people seek his 
u As the jews, though they were of several Factions, yet agreed all together to have Barrabas released, who had made an Insurrection in the City, 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 than 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, Tyranny, Episcopacy, under the fair pretence of Liberty and Freedom, 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 looks on the other side. What cares the Cavaliers, which way Lilburn looks, whether he 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, Charles 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 ruin of it, but because there is no way more probable to accomplish what he would have done, then to join with the Cavaliers in Charles Stuarts Interest. It is said of Tiberius, he would have Caligula to reign, that he might destroy the people: Upon such an account would Lilb. settle HIS KING among us, 
x Hence is that saying, Homo non homo; iratus. Again, magna ira multos peridit mortalium.  merely to destroy godly and honest men, in their Religion, Liberties, Laws, Lives. Not of any good will to him, but that he might be 
y It is reported of Bajazet, that showing one day the pleasure of hawking to the Count Nevers, caused almost 2000 Falconers to be killed 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 showed his actions both at home and abroad, we now come to speak of his return; And here are many things, very remarkable, as to the time, manner, and other circumstances,  
1. We are altogether unsatisfied, as to the occasion of his coming over. He had before declared to the world; That England was too little for him and Cromwell: And was totally and positively resolved (if he could choose) never to see England, so long as Cromwel's most hateful, detestable, and bloody tyranny lasted, unless it were in a way to pursue him as the 
a Tacitus mentioneth one Vibulenus, much like this man, who caused a mutiny among the Soldiers, by accusing falsely the Lieut. Now the things which he charged him with, were most horrible, but all untrue; yet he thought it would take the more with the soldiers, because he did accuse him of such foul and gross things.  grandest Tyrant & Traitor that ever Engl. bred: and had rather live in a voluntary widowhood all his days, then to live under Cromwel's bloody Tyranny.  
Again, when he was here, he was scarce able to resist the dangerous and hazardous temptations concerning the kill of him: Yea, and had resolved at the Parliament door to have murdered him, but for the Reasons formerly mentioned: These are his own words.  
Now taking it for granted (as we suppose he would have it so to be taken) that LIEUTENANT COLONEL JOHN LILBURN is not aliud stants, aliud sedens, one while for the thing, another while against it; but as he saith himself 
b There is a passage of his worth the observing: I was told (saith he) that the Gen: upon the Tuesday that I was called to the Bar, etc. appeared openly in the House as the grand and principal man that caused me to be banished; in all which regards and considerations, I was then of opinion, and yet am not fully altered, that I had just cause to write and speak as evil of the General, as my tongue or pen could invent: A defensive Declaration of Lieutenant Colonel John Lilburn, p. 15. Note 1. That this was since his coming over. 2. How he still raiseth his reproaching of others, from his own particular Cause and Interest. 3. For such as do him wrong, he hath just cause to write and speak as evil of them as he can. This later is his own doctrine, not Christ's.  settled, fixed, constant, semper idem. We must necessarily conclude (and all rational men with us) That the Reason of his Return was for the prosecution and execution of his malicious and bloody intent: And because it is possible he is as well skilled in Logic as Law, we shall frame an Argument, Thus.  
Mr. Lilburn resolved and purposed, if ever he came into England, it should be to destroy the Lord Gen: Cromwell:  
But M. Lilburn in his resolutions and purposes is fast, settle, constant.  
Ergo, Mr. lilburn's coming over into England, was to destroy the Lord Gen: Cromwell.  
Neither the Proposition nor Assumption can be excepted against, or denied; For we have his own hand to prove both.  
Gregoras his Fox (in the fable) being blacked over with Ink, told the Poultry, he much repent him, to have used them so ill; but that hereafter they might converse with him, since his habit and condition permitted him not to live otherwise then innocent. We could not perceive that Mr. Lilburn before he came amongst us, had done any thing, as to a visible change in outward appearance: we never saw 
c He speaks sometime of living peaceably and quietly under the present Government, & at the same time dispersed several printed papers full of sedition.  any Black that he had, no sorrow or repentance for his former Insolences and miscarriages: But as if he should have said, Ille ego qui quondam; Behold I am the man, who whilst I was here, and since my abode beyond the Seas, have several ways sought the destruction of this Common wealth, and without any change of my resolution, mind, or puurpose, am returned again unto you.  
2. Concerning the Pass which he speaks of, in a letter to his wife. Here we cannot but admire the man's presumption: That be should not seek for a Pardon, but a Pass: as if the State would have been so careless and improvident of the peace and safety of the Nation, as presently to have 
d As the Trojans did when they took in the wooden horse, in whose belly lay hid the Grecian soldiers, Dividimus muros & maenia pandibus urbis, accingunt omnes operis: But what follows? Inclusos utero Danaos & Pinea furtim laxat claustra Sinon, illos Patefactus aut auras reddit equus laetique cavo se robere promunt. No less could be expected to come out of his head & heart, but dangerous plots closely hid against the State.  opened their gates, and let him in, whom they had cause to suspect, purposely came over to betray them.  
But 2. how is it that he seeks now to the General for a Pass, seeing not long before, he professed it could not stand with the safety of h● life, nor could he be secure, so long as Cromwel's absolute tyranny lasted, upon any promises that he could make before God or man: For by too large experiences, h● judged him as false as the Devil himself, and one whom he would 
e We find in his writings, that he confesseth the General had been very real and helpful to him, and had done him many great kindnesses; but setting aside his reproachful language, there is not only reason or cause, which he shows, why he should not trust him.  never trust again whilst he breathed, let him swear and protest never so much.  
Here is a great secret, that Mr. Lilburn should desire a Pass, and afterward petition the General for his Enlargement, and yet neither trust him, nor believe him.  
Now we may not charge him, as to be fickle, wavering or unconstant, but resolute; the seeming contradiction is to be resolved thus:  
He desires leave to return, and liberty to go where he list: not that he would believe, or trust the General, or thought his life any way safe, or secure to live under him: but having such an 
f The fish feels the hook before shee●es it: Quod pa●am hoc clam.  advantage, he made account to bring to pass his designed Treason the sooner, easier, and more effectually.  
Mariners when they tack about, altar not their course, it is only to take more wind into their sails, that so the Vessel may run the speedier, and come the sooner to their Port. This was only 
h And the rule is good: Satius recurrere quam male currere. Quod male caeptum est, ne pigeat mutasse.  a Tacking about for the wind sake, no change of mind or resolution: And we must needs say, as to the thing intended, he shown himself a master workman, for there was now a necessity of such a Leevere, or turning 
i To have turned much, it would have given occasion of some suspicion to ●he other party, as if he had left them, and declined heir cause. In medio tutissimus ibis.  a little to reach the haven of his expectation.  
3. We find that it hath been the ordinary practice of all Incendiaries, both in this Nation and elsewhere, whensoever they have intended to put their premeditated Treason in execution, to do it upon 
k Nosce tempus, or tempori pari is the old saying.  a change of the Government of the State: partly because things are 
l A stake or a pole that is lose in the earth, is easily taken up and carried away, so here.  then unsettled and lose, and partly because at such Turn and Changes many men are 
m Such persons are usually like weathercocks, to move & turn about, if any seditious wind blow upon them.  unsatisfied, and discontented, and so the readier to make tumults, & insurrections. And this was not unknown to him, whose knowledge in sedition hath exceeded most: And therefore takes the advantage of Our Change, there being no fit opportunity than now, to manage his own present business, as a master-workman to the purpose.  
4. In the Letter to his wife, a little before his coming over, he presseth her very much 
n Here is another mystery, why so speedily? unless to strike whilst the iron was hot. Indeed time must be taken, front capillata est, post occasio Calva.  speedily to get him a pass: And one reason moving him (as he saith) to make the more haste, is, because if I come over, and find things in a handsome way to my liking, I have something of very great consequence to say speedily to such a great faithful man, as I shall trust. The Law saith, 
o Dubium in meliorem partem accipiendum. l● cum Creditor, de furtis.  A doubtful action is to be taken in the better part, and the 
p In re dubia benigniorem semper fieri interpretationem. L: proxime C: de his quae in Testdel.  fairer interpretation must be made.  
Again, 
q Nobiliores praesumptiones semper in dubijs eligendas. L. merito pro socio.  in doubts the nobler presumptions are always to be chosen. Now howsoever our desire is to walk (
r Ratio sit linguae & orationis Mode●a●ix.  where we can) by such charitable and Christian rules. Nevertheless considering here, the condition of the man; As  
1 That he counts few to be honest and faithful, but Rioters, and seditious persons.  
2 What he calls matters of great consequence, are 
s Whosoever shall read over all his printed papers, shall find that they contain little else, but either reproaches & aspersions cast out against particular men, or sowing seditious seed in the Nation.  ordinarily Conspiracies and Treasons against the State.  
3. To have things 
t Querie, whether that were not a handsome way when his true Burford friends revolted? And so when the Rioters laid waste the Enclosures, and destroyed men's corn, & habitations? No doubt this was to his liking.  in a handsome way, and to his liking, is to have the Nation in blood and war. We say, the case standing thus, we cannot but conclude, that this passage contains a laying of a ground or foundation in order to the promise which he made to Hopton and others, viz. to murder the General, destroy the Parliament and Council of State, and to settle Charles Stuart (King of England, as he called him) in his Throne in England.  
Before the creature brings forth her conception, we certainly know what it will be, as to the kind and nature, whether mankind, bird, beast, etc. by the male in whose womb it is. It is easy to guess what Mr. lilburn's conceptions are, and so suitable what he will bring forth, by knowing his nature, and what 
u Hitherto omnia fuit, & nihil fuit, as one said of Severus.  hitherto he hath brought forth, as so many bastards of his own begetting.  
5 In the same Letter he writes thus. But if our new Council of State or Governors will not cast a favourable eye upon me, but either deny 
x Tolle mores: semper nocuit differre paratis. Again, Tu propera, nec te venturas differ in Horas: Qui non est hodie, cras minus aptus erit.  or delay me a Pass, so that the next Post I hear not of it, I shall then take it up for granted, that Major Gen: Harrison (being as I hear one of your New Council of State) is my Principallest and Grandest Adversary: and accordingly, I shall only take a rise, from what I was informed, he said in the House at 
y Note how at his last Trial h● used these words; I call Jehovah to witness, and do protest before God, Angels and men, I a● not the person intended to be banished in that Act. Speaking of the Act whereupon he was indicted, and yet (forgetting the proverb, that a liar hath need of a good memory) here he confesseth that he was the same John Lilburn.  my banishment: and what he said publicly at Alhallows (when from Dover I sent my Letter to the people that met there) To write him such a letter, which already in my 
z This in likelihood will be a piece more solid than the rest when it comes abroad: because by his former writings he hath showed to have more sand than brain in his head.  brain I have conceived, as will no way please him.  
What, so high already? and the thing already contrived in his head? This is much. No doubt it was some Arraignment, or Hue and Cry. It is is likely it will come forth; for his head is like a sieve, keeps nothing in it. But 
a We find the cause of his brain-design against Major Gen: Harrison, to be thus: The Major Gen: had said (as he saith) that there was no credit to be given to him, because he had found him so false: Now see how tender the man is of his own good name: But for others they must sit still & bear all his reproaches.  why, if the Pass be not granted, must Major Gen: Harrison be his principallest & grandest Adversary? It seems the Gentleman being judicious, and of singular discerning, observed more than other men, the deceitfulness of his ways, and so became an instrument to preserve many honest hearts (as ignorant of his wiles) from being taken by his snares; now this he cannot forget: But sound Drums and Trumpets, and have at thee Harrison with all my might.  
We question not, but the Reader will here observe with what spirit this man came over: And the good hand of God towards us, that such restlessness, self-revenge, and malice, should thus still be discovered by his own 
b he scorns to do like those beasts, which wipe out with their rail the print of their feet, lest the pursuers should follow them by their tract.  mouth.  
This is the man that makes account to be the Instrument and Actor, for the Restauration of our Freedom and Liberty.  
Now herein we know not whereunto better to like him, then to that Bird, which was brought to a certain City, to devour the Offals and Carrion, about the place: but her own dung was so much, and so intolerable, as they were soon weary of her, being 
c Nero in the beginning of his Reign complained much against the ill government of his Predecessors, but afterward was worse than they.  worse a great deal than they were before.  
6 Not to speak of the frequent meetings, and great familiarity, which a little before his return, he had with Jamot, Layton, Whittington, and other Cavaliers in several places: Being at Callais, immediately before his last coming over, he spent a day or two with the 
e Note, that one in the next chamber heard them discourse of the Lord Gen: Cromwell, of whom Lilburn spoke very slightly, saying, Cromwell, what can Cromwell do? The information of John Staplehill.  Duke of Buckingham, and some Colonels of the late King's Army, where he and they, with other Arch Cavaliers 
f It is a Spanish proverb, dime con quiem and is y dezirte be quiem eres. Tell me with whom thou goest, and I will tell thee what thou art. Had we not other marks to know Mr. Lilburn by, his familiarity with these men, were enough to show that he is a traitorous Enemy to this Common wealth.  dined and supped continually together, who at his departure, brought him at midnight to the waters side, where he with two Cavaliers (embarked all in one boat) went away together.  
The Virgins in Cyprians time, granted they walked with young men, talked with them, went led with them; but when they came to the Action, they abstained. Some such Apology (perhaps) he will make for himself: Familiar they were, but not cum stullis stultiscere, & cum vulpe vulpinari: No action. But as vain and unsatisfactory, as ever was devised, to excuse an Enemy by. Here we may say in his own words, We are too old with such gins to be caught. We have learned so much Law, and Reason too, as not to believe an accused person upon his bare denial of the fact, where we have clear demonstration and proof to the contrary.  
7 No sooner is he 
g Two Assertions we have already proved. 1. That no man hath been banished out of this Nation for greater Crimes than he hath done against the Government established. 2. No Englishman in the time of his banishment, shown more malice, or contrived greater Treason against England, than he did in the time of his being beyond Sea. Our third Assertion is this: No man banished out of England, being returned again, ever offered such insolences, and high contempt against Authority, as he hath used since his coming over, specially for the time. And here we begin at his arrival to prove the same.  arrived in England, but at Canterbuire, in his way to London, he presently gins to boast of his own interest here; saying, he had no need of a Pass, being as good a man as Cromwell, and that he did not fear what he could do unto him.  
Geese (they say) when they fly over Taurus, keep stones in their mouths, lest by gagling they should discover themselves to the Eagles, which are amongst the Mountains, waiting to take them. But Mr. Lilburn in his flight, feared no apprehension, he scorns Authority, and thinks himself as potent as any man, and therefore will 
h Neither follow this counsel, virtutem primam esse puta compessere linguam.  not have his mouth stopped, but speaks great swelling words, as if he meant to have put the whole Nation into a dreadful fear of him.  
8 And lastly, what could any rational man understand, by his appearing so publicly, and sending by his Agents papers abroad, to acquaint people in all places, of his being in the City, and where he was, and how to come to him, but a treacherous design to 
i 
If the sparkles which a man strikes out of a flint do not take & kindle, it is otherwise then he would have it; he useth the steel and the stone to have fire.  
That these sparkles of sedition took no effect, no thanks to him.   gather a party to him, whereby to make new Tumults and Commotions in the Nation. And thus much for his coming over.  
For his carriage since, it may be considered two ways: 

1. What he hath said.  
2. What he hath done.    
Of these we shall speak distinctly, and in order. Upon his Trial at the Sessions in the Old Bailie, he spoke, and asserted the particulars following.  
1. Concerning the Act whereupon he was indicted, this he said; It was a lie and a falsehood; an Act that hath no Reason in it, 
k Smith in his Book entitled The Common wealth of England, saith, that which is done by the Parliament, is called Fist, sable, & sanctum, and is taken for Law, l. 2. ch. 2. This man knew better the power of a Parliament then Mr. Lilb.  no Law for it: It was done as Pharaoh did. Resolved upon the Question, that all the 
l One thing here he forgets to tell the Jury, that as Moses, one of the male children being preserved, was afterward the instrument and means of their freedom and liberty. So he had foretold of himself (as one of the reasons why he killed not the Gen:) that he did believe he should be an Actor or Instrument to procure the full restauration of our English Liberties and Freedoms. Lilburn revived, 2 Epist. p. 2.  male children should be murdered: That if he died upon this Act, he died upon the same score that Abel did, being murdered by Cain. That the Act was a void Act, a printed thing, there being no one punctilio or Clause in it grounded on the Law of England, and that it was an unjust, unrighteous, and treacherous Act, and that he doubtted not to shatter that Act in pieces.  
We read of one Theodosius, who having denied Christ, made it afterwards his study to cast reproach upon the works and ways of Christ. This is Mr. lilburn's practice here, having been a continued Enemy to the State, and for his intolerable insolences and miscarriages, necessarily banished, he seeks to help himself by vilifying and undervaluing Parliamentary Acts: not that there was any truth in it, nor so much as good sense in his words, neither any thing as proper to the Jury to hear, much less to be Judges of: But as children and fools, will part with silver and gold, if a counter or toy for it be put into their hands: so he knew, by such 
m A man that hath experienced a thing and found it right, will make use of it again upon the like occasion. By Impertinences and by-talke, he escaped the time before, and therefore would take the same way again.  by-talke, and impertinencies (specially railing against the proceeding of the Parliament) how to take away from his twelve men, their reason, judgement, and conscience.  
2 Concerning the late Parliament, he said, that 
n The Moabites called their God Baal●ognez, the God of Thunder. But the Lord in scorn called him Baal-peor, the god of opening, or of a crack. Unless it be such as do adore him: For other men, they value his words but as cracks and wind.  they could not make an Act of Parliament since the King's 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 legal witnesses; but for the Treason which he speaks, he resolves now to abide by it. Nevertheless, we cannot tell, but he may have here some Jesuitical 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 brain 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 banishment; here no doubt he hath a distinction: now tell what it is, & eris mihi magnus Apollo.  have a distinction between a lawful 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 persuaded to think that he will make some such Dunce-like distinction, because he knows; Whosoever shall say, that the last Parliament Assembled was unlawful, or not the Supreme 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 choice, whether to burn the rod, or spare it: we know in this case what he would do: The Jury being Judges of the Act, and law, that is either to repeal it, or let it stand, had reason to make it null for their own safety. A dead Lion cannot by't.  By the same Law they voted him to death, they might vote his 
q They must needs be so; for they are of his own choosing, and wish as much good to the State as he doth.  honest twelve Jury 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 Thief or Murderer should say; Ye Gentlemen of the Jury, take heed what you do 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 myself.  
Cleonides being asked, why he spared the Argives, who had sought to destroy their Country, answered, lest (saith he) we might want such men to exercise our youth. If we consider the weakness and vanity of lilburn's 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 Council of State; they might well and truly have said, We have spared him, 
s In the days of Hadrian the Emperor, there was one Bencosby, gathering a multitude of Jews together, called himself Ben-Cocuba, the son of a star, applying that prophecy to himself, Num. 23 17. but he proved Barchosaba, the son of a lie No otherwise may they expect in following this man, whom they did choose as the star of the Law to be led by in their proceed, but an ill business in the later end.  lest we should want such a man as he to oppose the present Government, and to carry on the Cavaliers Design and Interest for us.  
4. He said, The Parliament before the King's 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 public he spoke well of any Government; who knows, in regard of the great familiarity between him and the Cavaliers, but he might learn some such thing of them.  a gallant Parliament, who were tender of the liberties, and of the welfare of the Nation: And walked in the steps of their Ancestors, and Forefathers; Then were the days 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 wind; nothing at all to the purpose or thing in hand. Two things nevertheless are worth the observing.  
1. His notable dissimulation, as being like the Crocodile (of whom it is said) when he hath killed a man, afterward weeps over him, as if he were sorry, and did repent for what he had done. It is well known, what an Enemy he was to the 
u We are here in the dark, as to find out the bottom of the man, why the Parliament before the King's death was so gallant? He brings this in by head and ears, as having no occasion to speak of such a thing. But if we may give our guess, he speaks this to justify the last King, and to condemn the War which was made against him: For being's Virgin Parliament, and making good and righteous Laws, 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 King's death: his own Libels and Pamphlets are yet extant, wherein he doth as much scandalise and reproach the Parliament then, as since. But see here his Crocodile tears, as weeping over their dead bodies by a feigned and base flattery, seemingly to repent for the murder of his tongue.  
2 Note his gross absurdities and contradiction: The Parliament before the King's death (which was not till about the year 1649.) was a gallant Parliament, etc. and yet since the year 1640. or 41. there hath been no good Laws made. We shall not press him here, but spare him, and endeavour to help him out. Thus therefore we understand him: In the year 1640. or 41. the Parliament 
x It might have been said of that time, hodie venemum Reipubls: est immissum. For ever since that time hath he been restless, and continually quarrelling with one or other.  bestowed something upon him, he being formerly very poor: since which time they have not done the like, and so consequently made no good Laws. And thus stands the case: for otherwise (putting aside his own Interest) we all know, that more useful and wholesome Laws have been made since Anno 1640. or 41. then before.  
5. He affirms, that it was no lawful Parliament, that made that Act. Again, The Parliament that made this Act of Banishment was no Parliament I will prove it: And the Parliament were rather Transgressors then I. Again, Admit the Parliament legal, They had NO POWER TO SEND FOR ME. If there were 
y In the great contest which was between the house of Lords & him, he then denied their power, and cried up the house of Commons, as to have more power: But now they being removed, and so not likely any more to send for him. He seems to be of opinion that some such power was with them, yet this he speaks somewhat darkly and closely, lest too much of his hypocrisy should appear at once.  any Judicatory in Parliament, it was the Lord's House, not the Commons.  
It is well, we have it at last, and in plain English without any Equivocation. He will prove it (he saith) that it was no lawful Parliament: The which saying is proof enough (by Coke Institutes) to prove him a Traitor. The Wolf, though he often dissemble, and closely hides his nature, yet he cannot do so still, but will show himself what he is, one time or other. So it is with devouring spirits, they may sometimes walk in the dark, and use such artificial sleights, as their designs are not discerned: yet this they cannot always do; but now and then (casting off the sheepskins) will appear (what they are) even Wolves indeed.  
But doth he not in the mean time, very much satisfy the consciences of the Jury? as to move them not to find him guilty? considering (being arraigned for Treason) he should thus openly before them, declare himself to be guilty? Who can but think, 
a Querie, whether it did not argue (if not impudence yet) great indiscretion in the 12 men, being known to be disaffected to the present Government, that such as they should durst give check to Authority.  knowing what the men were, but by this speech of his, they were much induced the sooner to acquit him.  
6. As for all Parliaments in general, he said Parliaments were a deligated power, and 
b And because it is so, Nodell told his friends that Lilburn, when he came up to London, would call the Parliament to account.  aught to give a reason of all they do, and that it was not in their power, as he had proved in his Plea at large before the Lord chief Justice Rolls, and Mr. Justice Bacon, May 18. 1647.) nor had they the least Jurisdiction to sentence him, or any of the least Free born English men: unless it be their own Members. That 
c We see children will look in a man's face when he is speaking, but not mind, or remember any thing that he saith. The like Simplitians were these twelve Jury men; for had they observed the ignorance and folly of his words, they would have better considered what they had to do in the business before them, as knowing what he said was false: And all Parliaments before had constantly practised the contrary.  all Crimes whatsoever, were to be heard, determined, and judged at the Common Law, and no where else. Acts of Attainder were not Lawful.  
There is an Ointment, which if the heads of men be anointed therewith, they will seem to be most dreadful and terrible: Surely this man made account to fright them all away. What hath a Parliament no power to send for him? Really then, either their power is very little, or his power is above a Parliament. What, no Jurisdiction? no not the least? Alas what a poor and low thing is this Parliament? No marvel he hath taken the boldness to abuse it, and called it a Juncto, a Tyranny, a Foolery. Note he hath stripped it stark naked, not left so much as a reed or rush in their hands whereby to defend themselves. Soldier when they have unarmed the Enemy, forbear afterwards to abuse and beat the naked Prisoners: But he will not show a Parliament so much civility, for he is not contented to take away their weapons, whereby to keep off the strokes of his Treason: but when he hath not left with them any power or the 
d We read of Julius Caesar, when he had overcome Pompey's Army, he spared the Citizens: And those whom he had vanquished by Arms he preferred, & gave much wealth to. But he hath no such Roman spirit; for though he hath laid the Parliament at his feet, yet he cannot forbear to trample upon it.  least Jurisdiction, he most inhumanely scourgeth them with his railing tongue. Domitian is condemned for killing of Flies: not but they might be killed, but it was no fit work for an Emperor. For some men to have heard him deliver such absurdities and nonsense, it might have been tolerable; but for a Jury, who are to maintain the power and privileges of Parliaments, to hearken to such roving and wild discourse, was no way justifiable.  
If a Parliament be the Supreme Authority of the Nation, than there is no Judicatory power or jurisdiction in any Court, but what primarily and originally (as to order and Government) is in the Parliament, and whatsoever may be done any where, as to Government and Jurisdiction, the same may be done by a Parliament, viz. to send for Delinquents, to Imprison, Banish, etc. And this stands with pure reason, if the man had 
e The reason wherefore this man shows so much folly, is his ignorance, as not capable to understand what power, jurisdiction, government, order, & such things are. If a people be free, Power essentially is in them; yet so, as to action there must be first order, which is to establish a Government. Now it hath been the ancient practice of this Nation to have a Parliament, which is the alone Nationall Government: Neither is there any Judiciary or Government in the Nation, as properly arising and derived from the people, but what is in a Parliament, because other Courts and Jurisdictions may be said to have their rise rather from the Parl. then the people.  sense to understand it: for to grant a Parliament, and to deny Government and Jurisdiction which he speaks of, is such nonsense, as none but an Ignoramus in pure reason, would speak it. It is one thing, what is not convenient or fit for Parliaments ordinarily to do, and another thing what lawfully they may do, as in point of Power and Jurisdiction.  
Neither thought he it enough to speak thus reproachfully of Parliaments, but at the same time most unworthily abused the Court: As for instance.  
1 Speaking to the Lord Maior: This is the strangest thing (saith he) that ever I saw, that a man must be cheated of his life: Good my Lord Mayor you have made yourself a party in my case, and taken a wrong John Lilburn, and if you do not make me hang, you are afraid yourself: You make the Land groan under your burdens and oppressions. I desire you will not deny me my right, that I may not lose my life in the resolve of a Question: That John Lilburn shall be hanged, which in time may come to murder your posterity, and the posterity of those that hear me this day.  
To speak nothing how he 
f A man tells a lie so often as he thinks it, at least to be a truth, & who knows how far he was gone in a lie this way.  lies against knowledge and conscience, in saying they had taken the wrong John Lilburn: nor how grossly he contradicts himself; for being the 
g Note how the honest honourable Jury men, as they made no conscience of lying in their Examination: so by lilburn's lying, their Consciences were satisfied, that he was the wrong John Lilburn. But herein neither of them follow that frying, magna est proesentia veri.  wrong John Lilburn, how could the Mayor make himself a party in his case? There is something of note, where he saith, 
h He had before given our, that one land was too little to hold the General and himself, aut Caesar aut nullus.  if he die not, others may fear to suffer. There was much truth and reason in this: For as the Plague not removed, kills the body: so Incendiaries (who are no other than Pests in the Commonwealth) must either be suppressed, or ruin will follow.  
For the rest, it is nothing else but as before, impertinencies, and base talk: Though possibly he work up himself hereby, more and more into the affection of the Jury: For they hearing him to speak so high against the Lord Maior, and telling him of making the Land to groan with burdens and oppressions, they must needs think (he speaking thus as a Prisoner) had he liberty what a stout Champion would he be for them in the 
i 
Rich: Tomlins, one of the Jury, saith in his Examination, What he can tell is one thing, but to accuse himself is another thing.  
Now who can tell? if he would have declared the truth; but seeing Lilburn at this time so bold, he thought it was fit to save his life, in hope he would be a notable Instrument for them hereafter. This is that honest man, who boasted beforehand, right or wrong, they would save him.   Great Business, whensoever opportunity should serve.  
3. He told the Lord Keeble, that he had nothing to do to judge him, being a party, and had a Salary of a thousand pound per annum from the State.  
Here he speaks home for Liberty: Malefactors are not only to choose their Jury, but their Judges too: So that Magna Charta is to be understood of liberty granted unto Murderers, Thiefs, Traitors: But for true men, honest and faithful to the State, there is no help for them there, as to their liberty and security: So that we may apply to ourselves, what is applied to Rome.  
In Roma vale piu la putana,  
Chela moglie Romana.  
In Rome the Harlot hath a better life,  
Then she that is a Romans honest Wife.  
For the 1000 l. Salary, we know no reason 
k We would gladly have an Answer to this Question, following that rule, Non multis verbis pauca comprehendit, fed paucis multa.  why he may not better (or at least as well) deserve to have so much of the State for suppressing (as occasion is) such Riots and Insurrections as are made in the Nation: as Mr. Lilburn to have 1000 Acres not per annum, but ad seculum seculorum, for undertaking to defend men in making Riots and Insurrections against the peace & safety of the Commonwealth, both past and to come.  
3. To Mr. Priduax Attorney-general he said, You are a bloodthirsty man, and you come here to justify your unrighteous Act: And I hope 
l Was there not reason 〈◊〉 they should? Besides, seeing they will not give any ●eason wherefore they did acquit him; why may not this be one, viz. his railing at the Attorney General, and hoping his jury would take notice of him. How could men, seeking to satisfy their conscience, but be satisfied to the purpose to hear all this?  the Jury will take notice of all your violence. It is the admiration of my soul, that he should be a Judge in 
m This is his common practice, whosoever prosecuteth any thing against him in behalf of the Commonwealth, he rails at them as if it were only their Cause that they manage against him.  his own case, to have a man sit as my Judge, that thirsteth after my blood.  
The Beast Duron, being pursued, and seeing no way to escape: by a natural Craft, casteth forth her dung against the Hunter's following her, whereby to stop them from coming near, by reason of the corrupt smell and stink thereof. Whereunto tended all his railing and vile reproaches, but as a subtle devise to keep his pursuers off, as well knowing the stink was so intolerable, as they could not possibly endure it: Howsoever sweet and pleasant to his 12 men: For who knows not, but Swine delight in mire and dirt: so that by such slanders he hath a double advantage: The one to hinder those who prosecuted the cause of the Commonwealth against him: The other to win still a better opinion and liking with the Jurymen.  
4. He said, that the Army (many of them) have been very good instruments, for the good of the Nation, to deliver us from Tyranny. I wish there is not a greater than they delivered us from.  
And why 
n Temporis observatio in cunctis negotiis plurimum prodest.  so modest now? Indeed insinuations sometimes are more effectual and taking then plain affirmations, especially when the Speaker is known (as here it was) not to doubt or question the thing, but doth it (by a figure) for aggravation sake.  
But here the man is very 
o It was said of some books which Aristotle made, They were set out, & not set out. So we may say of a great deal of his speech, It was talk, & it was not talk. Many words were spoken; but let them be duly weighed, either nonsense, impertinences, or contradictions.  mysterious, we know not what Tyranny he means; besides, if we have had no good Laws since 1640. and 41. and before the King's head was taken off, the Parliament was tender of the Liberties and welfare of the Nation, etc. Wherein then hath the Army been such good instruments, & c? As the way of a Serpent upon a rock, such is the way of an adulterous woman. Neither is it possible but that this man should be thus crossing and contradicting himself, seeing (to serve his own turn) he carries 
p It is observed how Julian the Apostate, against the Christians sought to keep up a double Interest, one of the Jews, the other of the Gentiles; But the Lord destroyed both. And so we trust he will frustrate whatsoever, either this man, or any other designs against us  on several interests.  
5. For the Jury, he called them, his honourable Jury, and said, they were the Keepers of the Liberties of England: And will make it appear that the Jury 
q when Philip came to the Oracle of Apollo, the Priest caused the Orac●e to answer to his humour, and therefore it was said 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉: He knew well enough for what the Jury came, and how to send them away with satisfaction: To tell them they were above Law, and Acts, and Parliaments. What A●e being thus tickled under the belly, would not stand still, and suffer him to get up and ride him.  are Judges of the Law, as well as of the Fact.  
Here we have the man in another temper; and we see, he can as well flatter men as reproach them. Altera manu fert lapidem, panem ostendit altera. This honourable Jury he handles like Brass-pots, which be they never so huge yet a man may carry them by the ears where he will. It is by the ears that he takes them, and here he holds them off by base flattery: as attributing unto them more than was ever given to any Jury before, and what belonged not unto them neither by Law nor Reason. Nevertheless having them (like Pots by the ears) away he carries them, from the rules of Justice, and from what was their work, (as proper to them) to do that whereunto they were not called, nor in the least therein concerned.  
Moreover, he charged them to consider 
r Judge Reader, whether this was not a rational question, and to be by the Jury seriously considered of. For seeing the safety of all the Cavaliers depended on his life, had they not reason to quit him?  whether if I die on the Monday, the Parliament on Tuesday may not pass such a sentence against every one of you twelve? and upon your Wives and Children, and all your relations; and then upon the rest of this City, and then upon the whole County of Middlesex, and then upon Hartford- shire, and so by degrees there be 
s It hath been the saying, dulce & decorum est pro patria mori: But he is now on the other hand, and would gain reputation & honour to himself, not by dying for his Country (for that he hath no mind to) but to have his life spared. Pro patria vivere pulchrum.  no people to inhabit England, but themselves.  
Had he not understood the condition of the men, he would not durst have uttered words, so much tending to the disgrace of Authority, and indeed to the dishonour and infamy of the whole Nation: For had they been persons (we say) really affected to the present Government, they would by this very speech, have judged him a person most unworthy to live under that State, 
t Some writ of a certain Devil, whom they call Hudgin, who they say will not hurt any body, except he be wronged. This Parliament whom he speaks thus reproachfully of, was not concerned in his Case, but as in point of Justice: the application we leave.  against which such false, malicious, and scandalous words should be spoken.  
Yet are not these words without weight, in reference to the Jury, for if the State, like Demosthenes' innocent fool, would stand still and leave all things to twelve men, as to be Keepers of the Liberty of England, Judges of the Law as well of the Fact: that is, make void what Laws of Parliament they please, and leave lilburn's Case to stand for a Precedent: We should see in a little time, such Conspiracies and Treasons committed in the Nation, and no redress, thereof: as not only all honest men, their Wives, Children, and relations, in Middlesex, Hertsordshire, but the whole Land over, would utterly be destroyed, and no people left to inhabit England, but he and his Faction.  
Being to close the first particular as to the Speeches which he used at his Trial, we shall only add this. I call Jehovah to witness (saith he) and do here protest before God, Angels and men, I am 
u This is worse and wickeder then what the Heathens allow; for thus they say, Hand equident honestum est, proloqui mendacium, sed cui tamen damnum magnum affert veritas, par est dari huic loquenti in congrua. Stob. But this man takes leave & liberty to speak a lie, yea to swear it our right.  not the person intended to be banished by that Act: speaking of the Act whereupon he was Indicted.  
Such Asseverations and Oaths, we find frequently in his writings: A common practice of profane and corrupt men, whereby to beguile ignorant and simple people. It is said of Dionysius the Tyrant, though he loved not the Philosophers, yet would he wrap himself in their Cloaks, as thinking thereby men would have the better opinion of him. It is possible this swearing and for swearing of himself, is not a thing he cares for, only as occasion is, useth it, for advantage sake, to get credit and belief with the people, specially now to satisfy the conscience of the Jury: And who knows, seeing they would not give any other answer when they were 
x There is some great mystery here between the Jury & him, as none know or may know, but themselves. For Griff. Owen of Bishop's gate ward (pray take notice of him) he is a Brewer by Trade, being one of lilburn's Jury, told the Council of State, That they found not L. Coll. John Lilburn guilty, because he was not satisfied, that the Prisoner was the John Lilburn mentioned in the Act.  examined by the Council of State, but that they did satisfy their conscience in what they d●d; but it was this that did satisfy them, namely his protesting before God, Angels and men, that he was not the person intended to be banished.  
It is true, in this thing he did no more than what he was taught; for it's one of 
y Machiavelli discourses, l. 3. c. 9  Machiavels Grand Maxims, Those that mean to effect great matters must not make reckoning what they say or swear, and know by their craft how to turn and wind about at all times. And the Jesuits do hold equivocation, lying, and perjury, if it be (as it was this man's case) for safety, profit, and advantage. They do set open 
a Querie, whether Mr. Lilb. when he was in the Papists Country, was never at such a school  a School, for deceit, in which they teach an Art of lying, 
b Cujus benefitio qui ad Nor mam mentiatur aut perjeret: haud ille perjurij aut mendacij reus consendus sit. Abbot Antilog: A●d: Eudaem: joan: c. 2. in p●in. fol. 11. fac. 1.  by the help whereof he that can lie and for swear by the rule (observe that) shall be free from lying or perjury. And thus much of his say: now for his do.  
Here we find him at his 
c And no 〈◊〉 marvel he hath kept on the trade so long, considering how he hath been left alone, to write and say what he would, without any contradiction or answer to it Whereas, had his books been laid open, and the vanity of them discovered, he would have been broken in his trade before now.  old Trade, publishing & dispersing false and scandalous printed papers, and Libels, to occasion new troubles by slandering the Government of the Nation: delivering them nudo capite bore faced, and boldly with his own hands, to several persons, both Citizens and Countrymen. Now because we have already shown largely his practice in this particular, and seeing what he hath done here again, is the same which he did be over, we shall therefore (forbearing repition) speak the less of it.  
Not to mention how he dispersed the Petition delivered to the Parliament by six persons, who called themselves Apprentices. He delivered another printed paper, entitled, More light to Mr. John Lilburn's Jury, wherein is asserted, That a Parliament (having its foundation only in the Common Laws) is but one of them; and neither hath, nor have 
d We may here speak to this man in the words of the message which was sent to the Rebels of Cornwall and Devonshire; We let you wit, the same hath been as nulled by the Parliament, and not now to be called in question; & dareth any of you with the name of a Subject, stand against an Act of Parliament? Holling. Edw. 6. p. 100 s.  power over the right of its fellow-standing Laws, to contradict, altar, or repeal any of them, more than it hath power to destroy its own being. That is, the Parliament have not power over this precious way of Trial by Juries; no more have they power to make that Felony, which by the Common Law of England is but matter of Trespass.  
As Solomon answered his Mother when she desired that Abishag might be given to Adonijah to wife: Ask for him the Kingdom also. The like may we say to such men as desire Mr. lilburn's liberty amongst us 
e As Mahash the Ammonite would not make any agreement with the inhabitants of Jabesh Gilead, unless he might thrust out all their right eyes: so nothing will content this man, but we must give up to him our understanding, light, reason. The saying is, a man may buy gold too dear. ; why do they not ask, our reason, freedom, privileges, safety, etc. seeing the case is one? Never was there a thing tending more to perfect slavery: what a Parliament no power 
f Querie, whether Monarchy was not established by Law, and whether it were a standing and fundamental Law of the Land, by which Kingly Government was established here.  to contradict, altar, or repeal any former standing Law? Must those Laws made by Popish Parliaments, in the midnight of blindness, proper to Monarchy and Tyranny, and no way suitable or necessary to our present condition, be continued?  
But marvel not Reader at the impudence and boldness of these men. Aliquid latet quod non patet. This is no new thing, but what formerly Incendiaries have constantly practised: namely, 
g Our Irish histories give us many examples in this particular. As often as the State of England wen● about to civilize the Irish, and to take them off from their former barbarous and uncivil● customs, the Popish Priests and other Incendiaries, would be disquieting the minds of the people, and to instigate them, rather to rebel, than not to do as their forefathers did.  when a State hath been about to reform abuses, by removing what is inconsistent to the present time, and to establish better things in the place thereof, here to take an advantage for the prosecuting of their Treason: as to disquiet the minds of the people by false suggestions, and by causing public Tumults, to hinder the going forth of the work of Reformation, if they can. So that we have here in stead of crying up Liberty and freedom, the Trap formerly laid. Bondage and Slavery stood for, and this as a snare likewise. Such a master-workman is he in the Black Art of Treason.  
Such Birds as follow the Eagle in expectation to have a share with him in the prey, are sure to perish if nothing be taken. Our confidence is, that Lilburn shall win nothing, by seeking to destroy the power and privileges of Parliament: And therefore for his Juries and others who have accompanied him in his seditious design, are likely to come short of their 
h Quere, whether it was not the expectation of the Jury, that their quitting of him (being at liberty) he should immediately have taken the great design in hand, for which he came over: hic labor hoc opus.  expectation; that is, instead of a Booty, to be loser's by it.  
In the same Book it is further said. Such Laws as these being void Laws, who are to know them to be such but Juries, 
i Who knows but the man had read the story, how the Ass took upon him to judge betwemee the Cuckoo & the Nightingale: Now of all other the Ass might worse do it, having no skill in singing. The jury men confesse they took upon them to judge between the Parl. & Lilb. And who might worse do it?  who are the only legal Tryers of all men in all Causes, and they are bound in conscience to try all Laws made by Parliament, by the fundamental Laws; and where they find them contrary, and that men stand before them to be Tried as Felons upon these laws, they are bound in conscience to pronounce them not guilty, that are no Felons, nor in the least deserving death, as in Mr. lilburn's case, and not to expect 
k Of his writings it may be truly said, Virus pestis & venenum Reip:  the direction of Judges and Recorders, in the case, who many of them lie under sore temptations of losing their honour and place of profit, in case they wrist not judgement to the wills of those that are in power.  
Have not we fought well all this while, and laid out the blood and treasure of the Nation to a good end? that in conclusion we must have twelve men, (
l Whether any of these 12. were fools, we shall not say: But whosoever shall read their Examination, will conclude they were not honest men.  suppose two knaves and ten fools, as often it is) and these must be the Keepers of the Liberty of England, be above Judges, Recorders, yea the Parliament itself, to determine what is Law: and as they tell us, so we must acquiesce, right or wrong: There being no power or Authority above them, to 
m Pray note, how Richard Tomlins, one of the jury, in his answer to the Council of State, told them, that he was not bound to give any account in that business to any but God himself, which is as much as ever any Tyrant did challenge.  appeal unto, be their Verdicts and sentence never so illegal, and unjust. The matter here is so irrational and absurd, as no answer is fit to be given to it, then to wish those who are in Authority to take speedy care and course to suppress such insolent and base assertions, given out for no other end, but to keep up distempers among the people.  
Some do well 
n Pareus in Rom. 14. ver. 13. p. 469.  observe, that a more grievous punishment is reserved for them which cause others to offend, then for them which sin by their occasion. Thus the Serpent was punished more than Eve, she more than Adam: So I●zabel felt a greater and sorer judgement than Ahab. To sin (saith one) 
o Peccare non tantum in se perditionis habet, quantum quod reliqui ad peccandum inducuntur. Chrysost hom. 25. in Epist. ad Rom in Mar. ad Locum.  hath not so much perdition in it, as to make others to sin. We find no man 
p Ex pessimo genere ne cautulum quidem relinquendus.  before this man, that hath been so unreasonable as to affirm such a thing. And therefore if we will be followers of God: inventors of evil things, and inducers to sin, must principally be punished by us.  
Another printed paper which he dispersed in the manner aforesaid, was called, A Word to the Army, wherein he 
q If the jury be the only judges of a Law, and to tell us what Acts are good & what not, what reason hath he to appeal to the Army; for by his own confession it did not belong to them. It seems he can dispense with legality.  appealed to the Army in his Trial upon the Act of Parliament: Here we might mention several seditious expressions which he useth, but so much already being spoken, we shall not trouble the Reader with it; only the man's discretion at this time, is observable, how he speaks not a word of the false and scandalous reports which he had formerly published to the world against them. Nor of the divisions which he had often made in the Army, and several conspiracies, whereby to have destroyed the same.  
There was also a printed paper given forth by him, Entitled, Fundamental Laws and Liberties of ENGLAND, wherein is reckoned up 
r But why is not Monarchy in the number of one of thes 28? here is a foul oversight; for leave this out, the rest are Adjectives, not one of the 28 can stand of himself.  twenty eight in number. The second of them is, That the Supreme Authority cannot be devolved upon any person, or persons, but by Election of the free people. The third, That yearly Parliaments (to be chosen of course by the people) is the only Supreme, lawful Government in England. The fourth, That all Officers and Magistrates of the Common wealth, are to be Ordained and Commissioned by the Election of the people. The sixth, That the Parliament hath not 
s How much men are pleased and delighted with their fancies and dreams in their sleep. This dreamer no doubt took a kind of delight in his fancies, & thinks he talks sense, whereas were he not asleep he would not speak so irrationally.  power to continue their sitting above a year.  
We cannot but admire, that Mr. Lilburn should thus trouble himself and others, about the Election of Parliaments, and how long they should sit: seeing as he states the case, Parliaments signify 
t Is not a Parliament a very little thing? having not power to send for any one man in the Nation (though an open Traitor or Rebel) except one of their Members. Besides, is not their Power little, seeing what Statutes and Laws they make, may by a jury of 12 men be contradicted and repealed.  little. One would think he should have spoken more concerning the Supreme Authority of his precious Jury, and have proved by Magna Charta, or some other fundamental Laws, that their power is arbitrary, absolute, unlimited.  
But the truth is, malice and pride hath so blinded the light of his reason, as he knows not what fundamental and standing Laws are, being like Accius the Poet, who though he were a Dwarf, yet would be pictured tall of stature: so this ignorant man would willingly be reputed to have skill and knowledge in Laws, as to a distinction, what is standing, what changeable: notwithstanding in this very thing he is 
u Are not his Agents and others likely to be well led, who follow such a blind guide I● is true he talks much of Fundamental laws, but knows not what a standing law is according to the definition: we will not use his phrases of pawning our lives, & venturing our necks; yet this we dare say, and will make it good, that he never was able to define a standing fundamental Law, nor knows not what it is.  blind, as knows nothing.  
All Laws which may be said to be standing and fundamental, are grounded upon pure reason, not upon Magna Charta, or any former Parliament whatsoever. For in reference to the Laws which men have formerly made (whether these twenty eight which he reckons up, or any other) they are not unto us standing or fundamental, otherwise than we see they are rational, proper and necessary to us, and for us. This is a standing and fundamental Law, Nihil quod est con●ra rationem est licitum. Nothing which is against reason is lawful. Again, 
x Bod in de Reipub. l. 4.  Nulla tam sancta l●x est, quam non oporteat, si silus populi postulet urgeatque necessitas mutare. There is no law so firmly made, but when the people's safety and necessity require, may be changed. So again, Quod non est licitum in lege, necessitas facit licitum: And 
y And ●hat is a sure standing law, Nihil quod est contra rationem est licitum. Nothing which is against Reason is lawful. So then when we come to see that some former Laws are against reason: or it is against Reason that either the Election of Parliaments or their continuance, should be as it formerly hath been: the same as unlawful things must be removed.  that rational Maxim in reason, Salus populi suprema lex est.  
But now for Parliaments, viz. by whom they shall be chosen, and what time they shall sit: For this we have no fundamental Law (which he understands Laws that cannot be altered) because such things are not grounded upon reason: For here every Age and Generation of men are left free, and to themselves, both for the manner of election, and the time, yea 
a It came to the Question, when this Parl. began to si●, whether it should be called a Parliament or no.  and to lay aside all Parliamentary ways, and constitute some 
b Though men cannot dry up the River, but the waters must and will run towards the Sea, yet we often change their course, & turn them from one place to another. Thus it is in point of Government: There must be government running down among the people like water, but the course of it may be changed, yea and must be when there is occasion for it. As of late there was necessity for it.  other form of Government, if they see it more conducing to the safety and good of the Commonwealth.  
But here (Reader) thou seest not yet, what lies at the bottom, as the Serpent under the bush. In the Reign of Edward 6. the Popish Priests of this Nation, possessed the minds of the people, that the State was about to put down the Mass; and to stir them up the sooner to Rebellion, persuaded them that the same by their 
d The Popish Priests, and so Mr. Lilburn deals with ignorant people, as the Spaniards did with the Jucalion Islanders, when pretending to carry them to a rich Country, where their Ancestors were in plenty, brought them to work like slaves in Ours: So they seek to lead us to slavery by pretending to bring us to our Forefathers.  Ancestors was so established, as no Parliament could contradict, altar, or repeal it; whereupon great Tumults and commotions were made in several places, and much treasure and blood lost thereby. As the Priests to have the Mass to stand, occasioned the rude multitude then to revolt: so seeks Mr. Lilburn now by making a noise of standing and fundamental Laws, to instigate the people to insurrection. Whereas all rational men well know, there is no Law or Statute formerly made, but the Supreme Authority of the Nation may contradict, altar, and repeal it (we speak here as to their power) as lawfully and groundedly, as ever Mass and Matins were suppressed: As fools therefore will be meddling, so he being 
e Homine imperito nil quicquam est in justius, qui nil, nisi quod ipse facit, rectum putat Comic.  ignorant what true freedom is, and in what sense Laws may be said to be standing and fundamental, seeks to 
f As the hand of a Clock or Watch will be turning about whether the finger stands right to its hour or no. So many people are carried too and fro, always tuning and in action, not considering the ground of their motion at all.  disquiet the minds of the people by publishing such things as are most foolish and absurd. Only this we do observe, that extracting something (though but a little) from former Incendiaries of every sort and size, he hopes at last (as he calls himself) to be a Master-workman in his Trade.  
About the same time he dispersed another printed Paper, called, Lievt. Col. John Lilburn's Plea in Law, wherein he undertakes to prove, That the Parliament can alter none of the fundamental Laws: And in p. 14. I might urge (saith he) many Arguments lawfully to prove, That the Parliament was no Parliament when they passed the said Act of Banishment, but were long before dissolved, and that by their own consents, when the Parliament took upon them the exercise of Regality, 
g He that shall read this man's Books, specially the Titles of them, shall find him to be like Psaphon a certain Lybian, he would be a god: and having caught some birds, and taught them to speak and prattle, the great god Psaphon. Hence he foolishly thinks himself a God, and so must have sacrifice: So this man, setting out one Book after another, and every one prattling, Law, Law, Law, he at length gins to swell in hearing his birds to prattle so prettily of him, not considering how he hath merely cozened himself.  and the dissolution of Kingship and House of Lords.  
Because we would willingly satisfy all such as may otherwise stumble at the seditious block which he lays in their way, we shall therefore show what it is to be a free people. And here two things are to be considered.  

1 Power.  
2 Government, or the execution of that Power, which God, reason, and nature hath given them.   
Power, we say is in the people, (yet so as not in all, but with them who by their delinquency have not forfeited the same) The Government or exercise of this power is in the persons entrusted therewith, whether in a Parliamentary way or otherwise, either formally or 
h Neither to say the truth, is there any other form or kind of civil Government in the world, but what is implicit, as to order. That is, if the Suprean Authority be executed, & the people submit to it; This makes it a lawful Government; Though there may be something wanting as to formality.  implicitly; who may as their deligates or persons entrusted, lawfully act (as to power) whatsoever the people can do, either about Laws, or what else is of public and general concernment.  
So that to suppose 
i As the soldiers mocked Christ, when they put a reed in his hand, and a Crown on his head: And what otherwise doth he, then befool the people, as to put on their heads the Crown of Liberty, and into their hand all power: And afterward to tell them they cannot contradict or alter former laws, but must continue slaves and vassals to their dying day.  a free people, and to say, that such a people, by a Parliament who have the power of this free people invested and put into their hands (as to the execution of it) cannot alter none of the fundamental Laws. It is as perfect nonsense and contradiction as ever was expressed: for how can they be free, and yet bound to the observation of former Laws? We grant the Supreme Authority of the Nation, may continue former Laws, and let them stand in force, 
k Note well the distinction; It is one thing to continue some former Laws, and another thing to be bound to continue the practice of them: This later we deny.  but we deny that either Magna Charta, or any other Statutes or Laws of the Land, left to us by our Ancestors, are to continue, or that we are bound to keep them, as in reference to their Acts; and because former Parliaments have made them: But here (if we are a free people) it is in our liberty to take or leave, that is, to contradict, altar, or repeal, whether some, or all, or none, as we see cause and reason for it.  
Besides, to plead thus for unalterable Laws, what is it else but to 
l How hath this man published one Pamphlet after another, crying out against other men for taking away the freedom and liberty of the people: Whereas not any Tyrant ever broached a more wicked principle to support his Tyranny then he doth here, and hath not been ashamed to send it abroad into the Nation.  enslave the Nation? For by such a principle, people not only lose their liberty, but are brought under such a kind of Tyranny, out of which (as being worse than the Egyptian Bondage) there is no hope of deliverance.  
We see sometimes that men will go backward a while, that so coming forward to jump, they may leap the further and better. Mr. Lilburn in going backward that is, from talking of freedom and liberty, 
m When Taxaris saw his Country man Anacharsis in Athens, he said unto him, I will at once show thee all the wonders of Greece, viso solone vidisti omnia. Surely this man shall be the wonder of our age, seeing he can tell us how to be a free people, and yet remain all our days in slavery & bondage.  to plead for bondage and slavery, doth it (as it seems) to fit himself for THE LEAP, viz. that he may out-jump his fellow Lepers, in Treason against the State.  
For his saying the Parliament was no Parliament, etc. we have heard him often to say it, and shall speak no more to it, then to tell him, that by such say he may hazard and hasten his own ruin: As the Poet saith of the foolish Fish, swimming to the hidden hook.  Occultum visus decurrere piscis ad hamum. 
There was yet another printed paper, Entitled, A Word to the Jury in the behalf of John Lilburn. The scope whereof is, to stir up the people by force to 
n No doubt the Jury would have been glad if such a thing had been effected, and can you blame them? For had he been rescued, and so not come to his Trial, their lying, hypocrisy and other gross evils had not come to light, which now it doth to their shame whilst they live.  rescue the said Lilburn. It is said there, John Lilburn hath not offended against any Laws, but against those 
o The Fox in the fable being arraigned for killing the Poultry, pleaded not guilty, as not having broken any justifiable Law: And to prove this, denies the Act which they brought against him to be lawful, because he, the Kite, and the Raven did not consent to it. Judge Reader, whether this be not his Case.  by-Lawes which are no Laws: But such as Tyrants made, to secure themselves in their Tyranny, and were not a legal power to make Laws.  
Demetrius for the love which he bore to a certain Picture or Idol in Protogenies shop, willingly forbore to set the City of Rhodes on fire. That Mr. Lilburn by the Jury may be quitted, there must be no Act of Parliament against Treason, put in execution, but a door left open (for this Idol sake) to all Incendiaries to escape without punishment. The Counsel which is 
p As Homer speaks of Ulysses, Consilio bonus, & bonus, Armis; such a Councillor was he to the Jury.  given unto the Jury, is to this effect. As if he should say. You are 
q So the 12 men understood themselves, above Law, and accountable to none but God. Lilburn tells us that a Parliament are countable to the people for what they do. We should never have known how far beyond and above all Parliaments juries are, if it had not been for this Trial; for how could we, seeing there is nothing extant that makes mention of any such thing.  above both Law and Parliament, as judges of the one, and other; so that it is wholly in your breasts to determine what is Law, and when a Parliament may be said to be lawful.  
And according to this word, did the Jury proceed, most insolently presuming (by the Verdict which they gave) not only to be Judges, but condemners both of Parliament and Laws: A thing so unjust, as before was never heard of, and whereof they are since ashamed or afraid to give any Reason for it.  
Jupiter is brought in, as taking little notice of the evil speeches which the Giants used against the Gods: But when he saw that they attempted (by raising Mountains) to pluck them from their Throne: here now he stirs, and with thundering and lightning destroys them, and breaks their design. It is true, nothing better becomes men in Authority, than 
r Sic pius enis, nam cum vincamur in omni munere, sola deos aequat clementia nobis.  meekness, and to pass by a multitude of offences: but when they shall see men, Giantlike, to rise against Authority itself, and not only to trample their persons, but their Acts too, as mire under their feet; 
s Here the proverb is true, foolish pity spoils a City.  in such a case whether they ought not to be active and severe, let wise men judge. A Heathen could say, 
t Interdum optimum miseri cordiae genus sit, nocentes occidere saeva crudelitas si non &c. Senec.  It is sometimes the best kind of mercy, that offenders be punished, and to spare them, the greatest cruelty.  
Again, speaking afterwards to the Army; You were first raised to secure the people from being subject to the Tyrannical will of 
u Seeing his manner is, to speak always honourably of the last K. and condemned those that judged him to death. It is a question who he means by Tyrants, & when such tyrannical wills of men were exercised.  Tyrants. If those therefore that Command you, do Command you to defend any member of this Commonwealth (whose Servants you are, of whom you receive pay) you are to obey them therein. But on the contrary, if they command you to kill or guard the illegal execution of any one Member of the Commonwealth, you are not to obey them therein: but in stead thereof, employ your Armies against those that impose such 
x But who must judge when it is illegal? not the Soldiers nor their Commanders, nor Parl. nor any else, but Lilb. cum socijs.  illegal, cruel, and bloody Commands upon you.  
What his former practices were, as to divide the Army, by causing divisions among the Soldiery, we have already showed: the continuance of which most dangerous design, we see here, he hath brought over with him. By guarding illegal executions, we know what he means by his writings elsewhere: namely when any one is brought forth to be punished for his misdemeanours (specially if it be for making Insurrections in the Commonwealth) to countenance and encourage such a person in his evil and sin, and casting off all just Commands, to employ their Arms (as 
y Here he tells us what it is to stand for Liberty, viz. to rise for Malefactors, and not to suffer the Law or justice to pass against them, be their crimes and offences never so many or great. If he and his party say it is illegal, ipse dixit, that must stand.  he saith here) against their Superiors.  
When there was a debate between Caesar's and Pompey's Soldiers, of some agreement: Libienus cries out, Why talk ye (saith he) of such a thing? Nisi Caesaris capite delato, Unless Caesar's head be off there will be no peace. By this passage we may see, how improbable it is that the Army will be free from distempers, so long as this man can have any influence among them: It being his continual endeavour, to leave no way untried, whereby to occasion some disturbance or other: As if he had vowed or taken an Oath (as 
a His Father made him swear at 12 years old never to be reconciled to Rome.  Hannibal did when he was but twelve years old) not to be reconciled to the State, nor cease to seek the ruin of it, whilst he lives.  
Besides the former, he hath also dispersed another printed Paper, called 
b A horse that is often spurred in one place, is thereby made dull and lazy: his Pleas are still one and the same, viz. a kicking his jury in the side with their absolute power, as to be Judges of the Fact, the Keepers of the Liberty, that neither Parliament nor Act are lawful: And thus spurring them still in one place, he knows how to make jades of them.  A Plea at large, for John Lilburn, Gent. now in Newgate. In p. 16. it is asserted as followeth, That by the Tax of 120000 l. per month, Arbitrarily laid by the General and Officers (June 19 1653.) upon the free people of England, all their proprieties are confounded and destroyed: For by the same rule that he lays a hundred and twenty thousand pounds a Month, he may lay six Millions a Month, when he pleaseth, and so ad infinitum.  
Here we have him prosecuting the method which he propounded to the Duke of Buckingham, Sir Ralph Hopton, and others: as to 
c That which he publisheth there, may serve as another Reason, to prove the former charge against him: Namely his Resolution to kill the General, destroy the Parliament, set up Charles Steward, etc. For had he not intended such a thing, such seditions words would not have been uttered, specially at this time, being a prisoner.  destroy the Lord General Cromwell, the Parliament and Council of State, and to make Charles Stuart King of England, by working a mutiny in the Army, and raising up the people against the present Government, and so put the Nation into blood and confusion. Now howsoever we shall not speak any thing as to his method: notwithstanding for the season, we conceive he was not right; for being lately come over, and known to be seditious: a man would have thought, that for a while he would not have been tampering with the public affairs of the State, until he had gotten his liberty, and so been in a better capacity to have followed the business he came about. But we see the Gall of sedition is so predominant and overflowing in him, as he cannot for his life forbear the acting of it, whensoever he 
d Take a wo● and beat him black and blue, cut off his legs, and then pluck his skin off, yet unless you can change his nature, he will be a wolf still: so it is with men accustomed to sedition, it is not banishment, imprisonment, or any other punishment will reclaim them, unless God change their heart.  finds an occasion to go to work, be it in season, or out of season.  
The Controversy was soon decided, as to what Country those Islands did belong, when they brought Snakes and Adders thither. So we may know of what side and party this man is, by the venomous Vermins which naturally do live in him. The Snakes of Treason which he carried away with him, he kept in his bosom all the time of his abode beyond Sea, and we see here they are brought back again, so that die they cannot, the soil being so natural to them.  
We shall go no further with his Books, only besides those here mentioned, he hath dispersed with his own hands among several persons many other 
e Some of the Heathen Emperors ceased from persecuting the Christians, because they saw how unsuccessful they were in their actions. One would think he should be quite weary of publishing Books against the State, to observe how the hand of the Lord hath been still against him, as to blast and curse his do.  Printed Papers of the same nature and tendency, since his coming over.  
Having made so large a discourse of his Case and Craft, we shall now in the winding up of all, take occasion from the premises, to speak a word in season to the whole Nation. What course the Parliament should take with him, 
f Only this, Sed sapiens in f●nte oculos habet, omnia spectans, omnia prudenti cum ratione videns. And venienti occurite morbo.  we shall not at all meddle with it: it being only our purpose, to satisfy all people in all places, with this particular: namely, That he is one whose liberty is not to be desired, dangerous to the Commonwealth, and therefore to be wished rather further off, then to live amongst us. And that it may appear we speak not here lightly, or unadvisedly, but what is rational and well bottomed, we desire that these following Considerations may be weighed.  
1. How he hath sought by several seditious ways, the overthrow of the Commonwealth, ever since it was established: And nothing will satisfy him (by his own confession) but 
g As if he were another Allecto, whom Juno is said to send forth to raise tumults and seditions in the world. Cui tristia Bella, Iraeque insidiaeque, & crimina noxia cordi.  murder and blood, where he takes himself to be wronged: Be it true or false, 
h He that can murder with the least scruple of conscience, such as are in Authority, in what safety are other people whom he takes for his Enemies. Surely he will fear less either by his Agents to destroy such low and weak things.  for here none must be judge but himself. Plynie saith, that the Earth never receiveth within her entrails, that Serpent which hath stung any man to death. We have showed before, how his tongue has not spared any, but the poison thereof hath been poured out, upon Parliament, Army, Generals, Council of State, etc. Insomuch that, if after all his poisoning and killing, there should be an opening to him, as to receive him into our bowels, it might truly be said (like that voice which was heard from Heaven) Hodie venemum Reipubls. est immissum, This day is poison poured into the Commonwealth.  
2. In all the stirs that he makes, and the several Pamphlets which are forth under his name, we find nothing in them of Christ, nothing of his Kingdom, power, and glory, and of the great Work which the Lord is now carrying forth in the world. It is true we find him often scoffing and jeering at the things of God, but for the present 
i Here we cannot say of this man, as it was said of the Ass, the master hath need of him. For neither Christ nor his people have any need of him, as to the cause & work of God going on in the world.  Generation-worke, he is altogether ignorant of it, it is foolishness to him.  
When one asked Duke d'Alva whether he had seen the blazing Star, or no: he answered, that his work was so much below, on earth, as he had neither leisure nor time to look up, to see what was doing in the Heavens. The like may be said of this (much to be pitied miserable) man, who hath made it so his work to be contentious, and always quarrelling with one or other, as he hath had no spare hours to look up, or to look on any thing saving self-revenge; and therefore as he knows nothing of Generation-worke, so he is better out then in; for should he be taken in, he would but stand in the way 
k It is reported of a tree, that if the boughs thereof be thrown into a vessel, it will occasion a mutiny among the Mariners and passengers, and so endanger the loss both of men and vessel. Should this man be shipped with the Saints, there would be no peace among them: Besides such divisions and contentions would he make, as they would be the less useful and serviceable in their generation.  to hinder the prosecuting and furthering of it.  
3. Take him without his Wiles, and at the best: what are the things which he talks so much of? But in respect of our condition, so unnecessarily, as the removal of them generally by honest men is expected and desired. For Magna Charta and other Statutes, we know them as well as he, and know they were made in favour 
l A man that leaves a birds nest standing on a tree, shows he is willing to have the old birds thither again to breed more young ones. It may easily be perceived, why he pleads so much for old Laws, and to have the nest of Monarchy to stand, he hath a mind to have the old bird of Kingship here again. Now judge whether he be not a master-workman.  to Monarchy, and therefore as in the bulk, most improper and unsuitable to a Commonwealth. When Children make a noise, and thereby disturb the Family, our manner is to put them forth the door. It is but a Childish noise, of purpose to disturb the State, which he makes, of fundamental standing Laws, of precious Juries, how Parliaments shall be chosen, and how long they shall sit, etc. The folly and vanity whereof we have showed before. So that it is of necessity he should be quieted one way or other, to the end that those who are the Governors of the Family (being freed from such 
m In this we shall follow the Lords counsel, Isa. 5.14. Take up the stumbling-block out of the way out of my people. Now though he talk of Reformation, freedom, liberty, yet none a greater let & block in the way than he.  disturbance) may the sooner perfect what is expedient for the Nation, as to the present time.  
4. For such as fear God, and love the Commonwealth, they may very well be willing to part with him, considering it is the other side, 
n It would make a man smile, to read what he vapouringly talks of the inward & intimate familiarity between Buckingham & him, and how many thousand miles he would run upon his bare feet in his errand, and he would be bound body for body so that the Duke might live in England, etc. It is a trick among Thiefs, to put in little Thiefs first at some hole or window, to make way, by opening a passage for the greater Thiefs to follow. Can Lilburn but once creep in, no doubt he would soon make a hole broad enough for his companions, though greater than he, to come in after him.  Buckingham and that party, with whom in heart, head, and hand he joins, and whose interest and cause he carries on, and stands for.  
The Philistims were desirous to have David sent away, because they feared when both Armies should engage, he would join with their Enemy against them. We have more reason and ground than they had, to believe if ever Charles Stuart by his Agents here, or friends abroad, should be in a capacity to invade us, he would join with him against us. And therefore let all wise men judge whether it be not better and safer to dismiss him before hand, then to put it to a Trial.  
5. Neither is it of small consequence that he hath so many Agents in the Land, who (as he saith himself) are ready to manage all the designs which he puts into their hands; he being like the Weathercock which stands over the Wind-diall in White-Hall, sets their hands upon the points of Treason, according as he turns about. We blame not men for keeping fire and Gunpowder apart, and far asunder: much less is a State to be disliked, if they keep such at a distance, whose being near would hazard the blowing up of a whole Commonwealth.  
6. We shall propound this as another Consideration, viz. The dangerous consequence of 
o We would willingly have those men who desire this man's liberty among us, to show us some precedent either divine or humane, that any person hath acted as seditiously as Lilb. hath done, & yet the State left him in a capacity afterwards to do as bad again if he would.  an ill precedent in a Commonwealth. In all well governed Republics, great care hath been taken thereof, insomuch that it hath been received for State-Maximes, Spes impúnitatis magna est peccandi illecebra. Et paena unius est multorum metus. Again, Bonis nocet, qui malis parcit. Qui punit injustos in alijs fieri injuriam prohibet. Bonorum salutem custodit, qui malos punit. How 
p When Sheba blew a trumpet, and said, We have no part in David, &c every man to his tents O Israel. If the people thereupon had not followed him, yet was the action in itself Crimen Laesae Magist. We have spoken enough of his frequent blowing the Trumpet of Rebellion, and shall leave it to the judicious Reader to consider.  suitable these things are to the present subject, we shall leave it to the understanding Reader to judge of.  
We shall conclude all, as to Mr. Lilburn, in that grave Conclusion of the Senators of Troy, when it was objected that she was the wonder of the world for beauty. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, Though she be such a one (say they) yet for all that rid her hence, rather than to us and our posterity 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 she should abide here for a 
q When the brazen Serpent became a snare, and an occasion of hurt to the people, Hezekias was careful suddenly to take it away: And the like have all other States done, seasonably removed all snares and dangers out of the way of the people, whether persons or things.  snare and destruction.  
We have a little time left us to spend about the Jury, who for their carriage both then and since, may leave the remembrance of their names to posterity, as rightly called 
r Those who set on fire the Temple of Diana at Eph●sus, did it (as some writ) to the end they might have their names and memory continue in ages after. Who knows but these 12 Jury men, in doing that which was never done before, nor none but themselves durst have done. Intended to perpetuate their names by such a notorious action: now until some Cavalier chronicle them for it, this may serve to keep up the memory both of their names and action.  THE UNREASONABLE UNRIGHTEOUS JURY: unrighteous in their verdict, and illegal sentence; unreasonable, being called before Authority, not to give a reason of their action. Now, much we shall not speak concerning these men, because there is enough in their Examination to discover the hypocrisy and falsehood of them. They say, if a Horse put his foot where a Wolf hath stepped before, he becomes lame by it. It was ill for the Jury that they followed Lilburn, how they went before we know not, but here they took such an halting as 'tis to be feared they will never go upright again: And whether this be not so, will appear by their Examination, which is as follows.   

THE EXAMINATION OF THE JURY Who Tried Lieu. Coll. John Lilburn, At the Sessions-House in the Old Bailie: Upon Saturday the 20 of August, 1653. Taken before the Council of State the 23d of the same Month, in pursuance of an Order of Parliament of the 21.  
THomas Greene 
s Lilb. could not choose but like this man, knowing that he was as ill affected to the present Government as himself. Simile amicum simile, & simile simile gaudet. , of Snow-hill, Tallow-Chandler, 
t Querie, why this man was made foreman of the Jury; we cannot understand of any reason for it, unless it were for being before others in malignity to the State.  Foreman of the Jury; being asked what the grounds and reasons were that moved him to find the said Lieut: Col: John Lilburn not guilty upon the Indictment preferred against him at the Sessions-House in the Old Bailey, saith, That he did discharge 
u Where a good conscience in discharging truly a man's duty, there will be boldness, and the person is not ashamed nor afraid to give a reason of what he hath done, being called thereunto.  his conscience in what he then did, and that he will give 
x It seems neither he nor Mr. Lilb. had any Law to produce, that he was not bound to give the Councel a reason of their proceed.  no other Answer to any Questions which shall be asked him upon that matter.  
And being in particular demanded of him, whether he conceived it not sufficiently proved, that the Act whereupon he was Indicted was an Act of Parliament, whether he was not satisfied that the Copy of the Act produced, was a true Copy of the Act itself, 
y 
It is reported of an old woman, that she would always keep her hand shut; Imagining that she had within, the whole world, which would fly out upon the opening of her fist.  
But this man would not open his hand, or rather his head, as if there were any matter in it; but lest the emptiness & nothingness within should appear.   or that the John Lilburn at the Bar, was the John Lilburn mentioned in the Act: And what other thing it was which moved the Jury to find as aforesaid; the Examinant answered, that he will give no other answer as abovesaid, and desired that he might be no further pressed therein.  
And being further asked, why he would not give an account of the grounds and reasons of their Verdict, he said, He would not do it for reasons best known to himself.  
MIchael Rayner, of Friday-street, Leather-Seller, he saith, that he was one of the Jury that Tried Lieut: Col: John Lilburn, upon Saturday the 20 instant, and that he was summoned to serve of the Jury upon Wednesday was seven-night, and did constantly attend in Court, and upon the service, until the Trial was over, and that he was 
a If it be a thing which a man likes, & hath a desire to do, he needs not be solicited: he will be forward enough of himself in such a case.  not solicited by John Lilburn, nor any other on his behalf. And the Questions mentioned in the foregoing Examination being asked him, he answered, That he was satisfied in the Verdict he gave in that Case, and that he should give no other Answer thereto.  
And being further pressed therein, he desired that a day's time might be given unto him, to 
b Here that saying is true, Conseientia mordet, quae pluris est quam mille testis: Quae si mala est etiam insolitudine & solicita est.  consider of it, and he should give satisfaction to the aforesaid Questions.  
He was further asked who advised him to make this answer to the Council, whereto he answered, That the Jury were all of that mind, and that they 
c Thus one sin draws on another: And when men's consciences begin to smite them for the evil of their do, they are evermore studious and solicitous, as how to excuse themselv's, and to keep shame & punishment off: whereas men doing things justly and honestly are not troubled about devising shifts & put-offs.  agreed to give this answer at a meeting they had all together at the Windmill Tavern in Coleman-street this morning; which meeting they had upon occasion of the Order of Parliament for examining this business: And that he had notice to come to this meeting by one or two of his partners, whose names (he saith) he doth not well know.  
And being further demanded of him, whether Mr. Scobell Clerk of the Parliament, did not give evidence that Lieut: Col: John Lilburn at the Bar was the very Lilburn against whom the Act was made, he said, He did give that evidence, and that he did believe he said true, and that the Copy of the Act of Parliament produced, was a true Copy, but saith, That 
d Here is something of special consideration, seeing the Jury were told by the Bench, that they were Judges only of the fact, wherefore they should be so insolent, as to presume to be Judges of matter of law This particular needs to be looked after, for otherwise it may be exemplary, and so dangerous in a little time.  he and the rest of the Jury took themselves to be Judges of matter of Law, as well as matter of Fact. Although he confessed that the Bench did say, that they were only Judges of the Fact.  
He further said, he was very unwilling to be of the Jury.  
THomas Tunman, of Cowe-lane 
e This man, though he sells salt, yet his words were not seasoned with salt, witness his lying here against knowledge and conscience.  Salter, another of Lieutenant Col: John Lilburn's Jury, who saith, that the Verdict was, not guilty: And being asked the Questions in the first Examination, he saith, That he was sworn to find according to the issue and evidence, and that he did find according to his 
f How dared he speak of conscience, who at the very same time most grossly lies against his conscience.  conscience, and and positively refused to give any other Answer: And did deny that the Jury aforesaid had agreed together to give one and the same-Answer to the Counsel, or that they had met together this morning, or at any other time since Saturday-night last, until they came to the Council. And being asked in particular, whether the said Jury did not meet together this morning at the Windmill Tavern in Coleman-street, 
g When Anthony was fishing, there lay one under the water, who unknown to him, did put fish on his hook, the which he threw up, and thought he had catcht them. This man little imagined how the Devil baited his tongue, & put one lie after another into his mouth, which he threw out before the Councell. But here we see how God punisheth sin with sin.  he positively answered they did not.  
IMmanuel Hunt of St. Sepulchers, who saith he was one of John lilburn's Jury, upon his Trial on Saturday last, and that the Jury found him not guilty; but his memory being short, doth not well remember the issue.  
He being asked, whether it was not proved that the Prisoner was the John Lilburn mentioned in the Act, saith, 
h How could he be unsatisfied, seeing Lilburn had sworn he was not the man.  He was not satisfied that it was so proved, and that there are many John lilburn's, and that John Lilburn was Indicted of Felony, which he did believe he was not guilty of; and that what was found was done by the consent of all, and did satisfy their 
i A man of as much conscience as the former; we see they were not unequally matched? for in what do they agree together?  consciences therein, and refused to give any other Answer, then as aforesaid.  
And it being demanded of him, whether the Jury had not met together, to agree of the Answer they were to give to the Council; he answered, They met together the night of the Trial, to drink a pint of Wine, and that they met 
k It seems he brought away in his head the sign of the Tavern; for his tongue turns about like a Windmill, saith and unsaith; but we must here take notice of the just hand of God upon them, who will have their hypocrisy and deceit discovered by their own mouths.  not since until this day; and being asked what time of the day, he answered, five of them met here. But being asked particularly whether they met not at the Windmill Tavern in Coleman-street this morning, he did acknowledge they did, and that Mr. Tunman in particular was there, but refused to declare who gave him notice of this meeting.  
JAmes Stephens of the Old Bailey Haberdasher, who saith that he was one of Lievt: Col: John lilburn's Jury, and that having considered of the matter whereof he was Indicted, they found him not guilty. And being asked the Questions in the first Examination, 
l How this man should find the Prisoner not guilty, acknowledging so much as he doth, is beyond our understanding: Possibly he did here, like some Travellers, who will now and then go purposely out of their way, rather than part company.  He acknowledged that he was satisfied that the Prisoner was the John Lilburn mentioned in the Act: Nor did he yet question the validity of the Act, but the Jury having weighed all which was said, and conceiving themselves (
m It will be much to the satisfaction of the Nation, that these men be required to give their Reasons, wherefore contrary to the Counsel and Bench they peremptorily took it upon them to be Judges of the Law.  notwithstanding what was said by the Council and Bench to the contrary) to be judges of Law as well as of the Fact, they found him not guilty.  
He acknowledgeth that all the Jury met this morning at the Windmill Tavern in Coleman-street, to consider what Answer to give to the Council, and that the 
n Galaton paints Homer vomiting, and the other Poets licking up what he had vomited. He that would put these twelve in a Picture, might do well to paint them so.  Foreman of the jury spoke to him to be there, telling him he had heard there was an Order of Parliament for summoning them before the Council; and further saith, That dunman was at that meeting.  
RIchard Tomlins of St. Sepulchers 
o In what Book doth he find it, that a man being warned to be of a Jury, before he hears the Case, may say, Right or wrong, he will acquit the Prisoner: But so impudent was he to say so much before the Trial of Lilburn.  Book-binder, who saith he was one of Lievt: Coll: John lilburn's jury, and that the Jury found him not guilty. And being asked what was the point in issue, he desired to be excused in that, saying, What he can tell is one thing, but 
p Here is a plain confession of guilt, yet so, as he will not he his own Accuser: This is for the Commonwealth to prove: A thing easy to be done.  to accuse himself is another thing. It being further demanded of him, whether he was satisfied that the Prisoner was the john Lilburn mentioned in the Act, he said, he was not: And being asked what made him think so, He answered, he was 
q This is a Maxim laid down by Tyrants: Only we never heard so much from the mouth of a subject before But see, what it is to be a Juryman, viz. to be above a Parliament, above Law. More than a subject, arbitrary, absolute, not bound to give an account of his actions to any man The Roman freedom was nothing to this for privileges.  not bound to give any account of what he did in that business, but to God himself.  
WIlliam Hitchcock of Watlyn-street, Woollen Draper, who saith he was of Lievt: Col: John lilburn's Jury, and that the Jury found him not guilty: he being asked the Questions expressed in the Foreman's Examination, he answered, he had discharged his 
r Lex dei est regula conscientiae, saith P. Mart. loc. come clas. 2. c 1. Not Lilburnes whymsies and falsehoods, nor a man's own will and lust.  conscience in what he had done, and desireth the Council not to ask him any questions. For he can give no other Answer, and is 
s In reading this man's resolution, it puts us in mind of a company of good fellows, who meeting at a Tavern (as these did) agreed among themselves that they would pay only so much for their reckoning, and resolved to give no more: but they were made to pay a great deal more before they departed: now who knows but it may be so with these resolute men.  resolved to give no other Answer.  
And being asked concerning the meeting of the Jury to agree of an Answer to be given to the Council: He first 
t It would be worth the knowing what character was given to Lilburn concerning these men, as to encourage him to to make choice of them for his Jury: seeing it appears they are such as make no conscience of lying: It is probable he had a hint of some such thing before hand, and thought them the fit to serve his turn.  denied that they had any other meeting, than what they had the same night his Trial was. But being asked particularly, if they met not at the Windmill Tavern in Coleman-street this morning, he acknowledgeth they did, but denied he heard of any Order of Parliament for sending for the Jury, nor did they meet upon the business of John Lilburn, or that they did at the Meeting speak of it, but only met to drink a pint of Wine, as they had agreed to do, the same night they gave up their Verdict.  
THomas Evershot of Watlin-street Woollen Draper, who saith he was one of John lilburn's Jury, and that they found him not guilty, but denied to give any Answer to any further Questions, saying he was 
u Quere, whether this mans conscience when he lied against it, was not as well satisfied, as when he found Lilburn not guilty.  satisfied in his own Conscience in what he did. And being asked, whether the Jury did not meet this morning to agree of an Answer to be given to the Council, 
x When there were brought before King Demetrius 8 persons who had conspired, his death, he made it matter of admiration, that so many could agree together in a design so cruel & bloody. It is in truth a wonderful shing that there should be found in this City 12 Jurymen so void of conscience and the fear of God, as to agree together in a thing so evil and nought, as Heathens would scorn to have done.  denieth that they did, or that they met at all since the night of the Trial, until they met at the Council.  

The persons following were Examined the 29 of August, 1653. in the morning.  
THomas Smith of Cornhill, Haberdasher of Small Wares, he saith he was of john lilburn's jury, and found him not guilty, but 
y But whether the State may not refuse to rest satisfied in such an Answer that's the Question: we shall leave this to Time.  refuseth to Answer to any other Questions, saying, he was called to serve his Country in this particular; and that he had done it 
a He might have said rather, according to his Ignorance; for had he done the thing with understanding, he would not have been either afraid or ashamed to have given the Council a reason of his action.  according to the best of his understanding; acknowledgeth the meeting of the jury at the Windmill Tavern yesterday morning.  
GIlbert gain of Dunstan's in the west, Grocer, he saith he was one of john lilburn's jury, and found him not guilty. And he being asked what the issue was, he acknowledgeth that he was Indicted for Felony, for coming into England; but saith the jury did find as they did, because they 
b So did Lambert Simenel take upon him to be Edward Earl of Warwick, Son & Heir to the Duke of Clarence, but he was a counterfeit, & for taking upon him that which he was not, had his just punishment in the end.  took themselves to be judges of the Law, as well as of the Fact; and that although the Court did declare, they were judges of the Fact only, yet the jury were otherwise persuaded from what they heard out of the 
c These Law-Books will appear to be only the wind which came from Lilburn, which blew their heads too & fro, like weathercocks.  Law-Books. He confesseth he himself did at first differ from the rest of the Jury, but was convinced by their Reasons; he confesseth the meeting of the Jury.  
GRiffeth Owen of Bishopsgate ward, Brewer, he acknowledgeth he was of Liev: Col: john lilburn's jury, and that they found him not guilty, because he was 
d Howsoever they agreed to give no reason of their action to the Council: yet on the contrary so much is spoken by them, as doth make it evident they were of Tomlins mind, that is, right or wrong, resolved to quit the Prisoner.  not satisfied that the Prisoner was the John Lilburn mentioned in the Act; and that he had never seen John Lilburn before that day, nor was he solicited in his behalf by any person: He acknowledgeth the Jury met yesterday morning at the Windmill Tavern, but made no agreement what Answer to make the Council.  
The Unrighteousness of this Unreasonable Jury, is so fully discovered by themselves, as there is no need of adding any thing thereunto. It is reported of the waters of Nilus, that having run many hundred miles a pure and clear water, when it comes near the Mediterranean Sea it gins to grow brackish and salt, and at last it falls into the Sea, and looseth its name. We read of many just and honest Juries in the days of our forefathers: Some hundred years ago, Jurymen made Conscience of what they did, and feared an Oath. Now that the same is changed, and the water become bitter and corrupt, what may this presage. If we may freely here deliver our opinion, thus we think. The way of proceeding by twelve men in the Trial of Malefactors, is near an end, and shortly to be swallowed up by the Supreme Authority of the Nation: So as neither the name nor thing shall be any more in the Commonwealth of England.   
FINIS.