A brief DISCOURSE Of the present power of Magistracy and justice Occasioned upon the trial of Lieutenant Colonel john Lilburn.  
TOGETHER With several particulars concerning his charge and out of the Speeches of the Judge.  
ALSO Some Arguments and conclusions drawn up out of Lieutenant Colonel john lilburn's, plead and defence, made to his charge on Thursday the 25 of Octob. 1649.  
COllected at the request of some friends for general satisfaction  
LONDON Printed by B. Alsop, and are to be sold near Cripplegate, 1649.   

A brief DISCOURSE OF LAW and JUSTICE, OCCASIONED Upon the Trial of Lievt. Col. john Lilburn, and certain observations drawn from the speeches of the Judges, and Mr. lilburn's Plead.  
WHen we see one go or do amiss, though his feet or hands be the cause or next actors & instruments of this error, yet we seldom say, are you lame, but where are your eyes, or can you not see? what eye srwarving or stumblings any part of the body politic makes the blame lights not upon the Commonalty (the immediate Delinquents) but on the principal lights in Magistracy or Ministracy, which being as Guardians and Tutors of the rest, should either prevent or reform their aberrations, for they are the Physicians of the soul, body, and Commonwealth, which have the Therapeutics, preservative Physic, to heal and cure the maladies of the mind and body politic.  
And herein miserable is the condition of these two opick pieces that they are more subject, and that to more distempers than other inferior parts, yet herein more, hat being hurt they are more impatient of cure not only of searching acrimonious waters, but fearful of the most soft and lawny touches, but most of all in this, that being once extinct, they have a void darkness to the whole body, exposing it to the pits of destruction: As exceeding great on the other hand is the honour happiness and use of th' 'em (_____ and single,  
For this our Nationall body, It will little avail, either to applaud the one, or to bewail the othet, I rather look about for Eyesalve, which may help to descry and redress (if any thing be amiss:) and behold here a confection tending thereto. It was prescribed first by jethro, whom Moses calls the Eyes of Israel, Numb, 10, 31. Then he said, I pray thee leave us not, for thou knowest our camping places in the wilderness, therefore thou mayst be our guide. It is beyond all controversy, that jethro was a godly and religious man, and such a, himself, was his advice, sage and holy, allowed by God and practised by Moses, and so of good policy becometh sound divinity, his private counsel became a public Oracle, ruling for the substance of it, all Ages and persons.  
Memorable and lovely it is for the very antiquity thereof, what price do men set upon old Records, Coins, and Statues? which passeth by a charitable fountain, bearing some ancient name, or date; yet how are defaced Copies, and disfigured pictures better amended, then by reducing them to their original; If the pipe fail, go we not to the head? Here is the rise or first draught of Magistracy, Exodus 18.21. etc. And place over them to be Rulers; of thousands, of hundreds, of fifties, and of ten.  
The Office of Magistracy (as you have heard) being prescribed and allowed, they are to judge the people, and the fruit and benefit of this judgement is set down in these words, So shall it be easier for thyself. and they shall bear the burden with thee, and thou shalt the able to endure, and all this people shall go to their place in peace.  
Having given you some grounds and use of Magistracy, come we in this place to take a view of that Office. The Magistrate, especially the Judges, ought" to judge the people at all times, and by their diligence in hearing, to prevent the agrievance of delays," that they and the people may go home in peace, sit under their own Vines and Fig trees (follow their callings) and that which is the most precious of all, lead their lives in all Godliness and honesty, that the Gold, blue and purple Silk, might glister and shine under that tree, the Supreme power of the Nation,  
The Magistrate is to distribute justice according to the Law of God, of Reason, of Nature, and that law which is not consonant to the Law of God, the rule of Reason, and of Nature is not to be exercised among Christians, but as it is well observed by a person of eminency (the first day of Lieutenant Colonel john Lilburn's trial) the Fundamental Laws of England, are agreeable both to the law of God, Reason, and Nature, therefore ought not to be contemned by any: to be without a power, is little else then to be without a Government, and Mr. Lilburn himself hath confessed, that it is better to live under the worst of Governments, then where is none at all. And certainly that is the best Commonwealth, where the people are in best order, for there is the Magistrate a living law, and the law a dumb Magistrate, however the Stoics, the Epicures, and Sectaries do diversely judge of that matter, and into several opinions have divided the world, yet if any man dehort from vice, and exhort to honesty, and virtue, let him not be adjudged an Enemy to Liberty and Christian piety.  
Those people therefore do live in great liberty and freedom, in deed who are persuaded that to live according to law is perfect freedom, well then might Mr. Lilburn be reprehended to be of a turbulent spirit, when whilst he pleaded so much for Law, seemed to be ignorant by what Law he is tried, until one of the Commissioners very learnedly, told him that they sat by authority of Parliament, and that this was not by any new Law or custom, but excised in all ages, both before, and since, the time of the Saxons.  
Lilburn names a kind of appeal in all cases to a trial of a Jury of twelve sworn men of the neighbourhood and commended for a legal (as undoubtedly it is) way of trial, which is now his own case; a grand Inquest of above twenty grave Citizens, men of worth and integrity, find the indictment of high Treason Billa vera and this by the Law, reduced to the purity, as in the time of our Ancestors, and grounded on pure reason, the Law of God.  
This being granted that the Laws of England have this foundation great care ought to be taken that they be not altered, for as the disposition of men is apt to innovation: so as soon as on Law is altered they desire the alteration of the rest, the ancient Laws therefore ought to be observed, and sometimes (as the Historian saith) wisely corrected or amended. Amongst the Locrenses it was ordained that if any man should invent a new Law, he should first propound the same to the people wearing a halter about his neck, to the end that if it were thought pernicious or unprofitable, as an author of evil, he might forthwith suffer death. and Diodorus wrireth of a cerrain Law amongst the Egyptians whereby every subject was compelled to give his name to the Magistrates, declaring what kind of life he liked, how he lived, and what Art he exercised and if any did tell untruly or not perform his duty sufficiently he was put to death, but it not my intent to trouble you with any longer degression, intending only to insist on what is most pertinent in the present purpose, and therein a word or two more of the Law of England, which proceedeth from true reason, viz. to live honestly, to hurt no man, and to give to every one that which is his own, who so therefore doth abandon Laws is at least to be suspected, and to contemn them is no less evil than to despise Nature, Virtue, Reason God himself.  
There was a saying amongst the Ephesians, That freemen ought as manfully to defend the Laws, as the Walls of the City, for without walls the City might be preserved, but without laws it could not, and where virtue and reason preserve not men within the bounds of Law, justice ought to be extended to the punishment of evil, for the foundation of judgement is the Law, proceeding from wise and just men, and before the skill of writing Laws was invented, Justice had her habitation in the breasts of such men, and had such preheminece there that it admitted not any thing to be done wickedly, or to disturb the public good and peace of others, one principal part of justice. tending as well to the settling peace in a commonwealth, as bringing the Offender to exemplary and condign punishment.  
Natural equity commandeth us to abstain from iniquity, and therefore we ought to do nothing whereby another may be offended  
That ancient age of the world the Poets call Golden, through the benefit of justice, no deceit, fraud, nor injury was known, then were no seditions, no tumults, no hate, yet had Master Lilburne lived in that time (as in sundry revolutions since) if one may judge a tree by its fruit, without prejudice to the stock) he would not have found content, but have buzzed in the people's ears some inconveniencies to bring them to a dislike with what they enjoyed, which is the easier done in all times, seeing it is natura homine to commend the time past, hope for the future, and find fault with the present.  
He is only to be accounted a good man which embraceth all kind of virtue, and feareth not to die for his country, but men that are endued with a false kind of wisdom, having their tongues but not their minds instructed, do commonly endeavour to alter, and not to amend the public policy, there is not in a Commonwealth a worse mischief than such men, for by subtlety, deceit, & sedition, they labour to be thought somewhat.  
But as man of all creatures in his perfection is the best, so if he forsake Law and goodness he is of all other accounted the worst Mr. lilburn's bold and peremptory language, this day at the Bar of that humble Court before whom he must be tried must not bear him out, it's the law must take place, he is ordered to appear again to morrow, what the event will be I have not to dowith, time will manifest. A learned Author saith that a man may be permitted wise to speak his sense, though doubtfully, but if the third time he fail, he shall not after be admitted to speak more in that cause.  
I conclude with a word or two concerning the reverend judges and the rest of the Commissioners of that honourable court they are men that aim at the glory of God, the promoting of Religion, and safety of the Commonwealth, yea why may I not say of them with St. Paul? they are sent of God for the praise of the Godly and the punishment of evil doers, they sit in the judgement seat in as great (though not so slavish) a fear as Olaves when he looked upon the flayed skin of his father nailed up by Cambyses, to conclude where I began, what can we think wanting where Iethroes advice is raken to fear God, love the truth, and hate covetousness.  By L.R.