THE LYAR CONFOUNDED OR A Briefe Refutation of John Lilburnes mise­rably-mistated-Case, mistaken-Law; Seditious Calum­nies, and most malicious Lyes against the High Court of PARLIAMENT, the Honourable Committee of Ex­aminations, Mr Speaker, with other Members of the Com­mons House; and Mr William Prynne; where­with he hath seduced many ignorant over­credulous People. Manifesting the Parliaments extraordinary Clemency towards him, their Justice in their Commitment of, and proceedings against him; for which he so ingratefully and falsely taxeth them, with Tyranny and Injustice

By WILLIAM PRYNNE of Lincolns Inne, Esquire.

John 8. 44.

Yee are of your Father the Devill, and the lusts of your Father will yee do: he was a murderer from the beginning and abode not in the truth, because there is NO TRVTH IN HIM: when he speaketh a Lye he speaketh of his owne; for he is a LYAR, and the FATHER OF IT.

Eph. 4. 25.

Wherefore puting away Lying, speake every man TRVTH to his Neigh­bour: for wee are members one of another.

Prov. 12. 19.

The lip of truth shall be established for ever, but a LYING TONGVE is but for a moment.

LONDON, Printed by John Macock; for Michael Spark senior. 1645.

TO The Honourable William Lenthall Esquire, Speaker of the Honourable House of COMMONS and Master of the ROLES.

Sir,

I Here present you with a Briefe Relation and Refutation, of John Lilburnes Notorious Lyes, and for­ged Calumnies, against the Parlia­ment, and whole House of Commons in Gene­rall, the Committee of Examination; Your selfe; some other Members of both Houses, your Bro­ther Sir John Lenthall, and My selfe in speci­all: Whereby the whole Kingdome may dis­cerne his (and his confederates) Impudent Falsities, Forgeries, Lyes, groundlesse Slanders; and Your Ʋntainted Innocencies, triumphing gloriously over them. The truth of his Case, misreported by him, rightly stated; the Legality of Your Proceedings against, com­mitment of him, demonstrated; his mistaken Law, refuted; and the seeds of Mutiny, of Sedition sowen among the Ignorant Ʋulgar, in [Page] his seditious Printed Papers (scattered abroad by one Leaner and others, among the Kentish Malignants and the Male-contents in other parts) extirpated, to prevent all Popular, Insurrections against the Parliaments Sove­raign Authority.

Your speciall Interest in the Subject mat­ter of this Relation, hath (among other mo­tives) induced me to select You for its Patron, in the Dedication, to whose Protection I com­mend it, and Your selfe to Gods; desiring really to expresse my selfe upon all just Occasions,

Your most Affectionate Friend to serve You, William Prynne.

To the Jmpartiall Reader.

Christian Reader,

IT is S. James his Observation, c. 3. 5. Behold how great a matter a litle fire kindleth: And the tongue is a fire, a world of iniquity, and setteth on fire the course of nature, and is seton fire of hell: which I may truely apply to John Lilburns tongue, and much more to his pen imployed only in compiling Libellous Letters and Papers: Behold how great combustions and tumults have they kindled among the Ignorant Ʋulgar, who adore him as the one­ly Oracle of Truth, when as he is a meere Legend of Lyes: Had not his Papers kindled a publike dangerous flame, dis-affected divers of his Seditious Faction, and set their tongues nay hearts against the Parliament, against whom they are brewing mischiefe in sundry private Conventicles, and ripening publike Mutinies, I had sate still in silence, and onely answered this Rayler as the Arch-Angell Michael did the Devil, when he strove with him about the body of Moyses Jude 9. The Lord rebuke thee: or have spread his Letter onely in private before the Lord, as Hezekiah spread Sennacharibs blasphemous Letter, 2 Kings 19. 14, 15, 16. say­ing, Lord bow downe thine eare and heare, open Lord thine eyes and see, heare the words of this Senacharib (Lilburne) which hath sent to reproach the Living God; and the high­est powers under him. But the flame being now grown [Page] to such an height as endangers the firing of our whole State into a publike combustion, I could doe no lesse, then contri­bute my best endeavours (after so long a silence) and bring one bucket or two of water towards the extinguishing of his Prodigious firebrands, which were certanely set on fire of hell, which breathes forth in his seditious Papers, fit for no other use then to make publike bonefires in the streets.

I shall desire the unprejudiced Reader, whoever he be, to read this short Relation and Refutation with an impartiall eye, and then, I dare say, he will soone resolve; There was never such an execrable Libell and Legion of Lyes pub­lished against the Parliaments the Committees Just pro­ceedings, and other well-deserving Members, Persons Integrities, as this of Lilburnes Letters; who (if we may lawfully judge of the Tree by the fruits) is in Simon Magus his condition, even drenched in The very gall of bitternesse, and fettered in the bond of iniquity; and he will more admire, and perchance blame the Parliament for their overmuch Clemency and Mildnesse, in proceeding with so much Patience and Moderation against such an ob­stinate Delinquent, then he or any of his Confederates do, or can maliciously exclaime against them, for their pretended overmuch Oppression, Tyranny and Injustice, of which there is not the least shadow appearing in any of their procee­dings. So submitting all to thy censure, and Gods blessing, I shall cease to trouble thee with any further Prologue.

A Briefe Relation and Refutation of John Lilburnes notorious Lyes and Calumnies, against the PARLJAMENT and others.

OF all the most Glorious Attributes of God in Scripture, there is none more eminent then this, Deut. 32. 4. Psal. 31. 5. Esay 65. 16. That he is a God of TRVTH, in the affirmative; A Tit. 1. 2. God that CAN­NOT LYE; yea, that it is Heb. 6. 18. Impossible for him to Lye, in the Negative: And of all the disgracefull Titles given to the Devill himselfe in Sacred Writ, there is none more infamous then this: John 8. 44. That he is a LYAR and the Father of Lyes, and aboade not in the TRVTH: Whence it necessarily follows, That of all persons in the world, none are more desperately wicked, and unlike to God; or more Diabolically impious and like to the very Devill himselfe, then LYARS; and of all Lyars those especially, who most maliciously forge, and then scandalously Register, Print, and Publish to all the world, most notorious Lyes and Untruths of others, who least of all deserve such Devillish usage at their hands. Hence it was, that our Saviour told the Lying Jewes; John 8. 44. Ye are of your Father the De­vill; and the lusts of your father will ye do: and that Peter used this expression to Ananias, when he told but a kinde of officious, not a meer malitious slande­rous Lye, Acts 5. 3. Why hath SATAN FILLED THY HEART, TO LYE to the Holy Ghost? Intimating, that Lyars hearts are filled up to the brim with Satan, their Ghostly Father; and that they have not the least dram of Gods Holy Spirit in them; which is ever stiled John 14. 17 c. 15 26. c. 16. 13. 1 John 4. 6. c. 5. 6. A Spirit of Truth, which guides true Christians into all Truth: Upon this ground Solomon rankes, Prov. 6. 16. 17. 19. A lying tongue and a false witnesse that speaketh Lyes, among those things which the Lord espe­cially hates and abhominates; And Saint John registers Rev. 21. 8. c. 22. 15. Lyars, and he that loveth and maketh a lye, in the black Catalogue of those damned ones, who shall have their part in the lake which burns with fire and brimstone, and shall be ex­cluded the Caelestiall Jerusalem; to Mat. 25. 4 [...]. accompany the Devill and his Angels for Eternity, in hell fire.

Yet notwithstanding this undeniable verity, there is a new Generation of [Page 2] fiery zealots sprung up in the world of late, who deem themselves brimfull of the Spirit of Truth, and most others no better than Reprobates or Devils in carnate; who like Jobs deceitfull friends, are Job 13. 4. Forgers of Lyes; or like the Tit. 1. 12. Cretians, alway Lyars; if not like those wicked ones whom David de­scribes, Psal. 58. 3, 4. They go astray as soon as they be born (yea new-born in­to their factious separation) speaking Lyes; their poyson is like the poyson of the Serpent; Psal. 52. 2, 3, 4. Their tongue deviseth mischiefes like a sharp rasor, working deceit­fully; They love lying more than to speake righteousnesse; they love all devouring words: Yea, Jer. 9. 3. 5. they bend their tongues like their bow for lyes, but are not valiant for the Truth, and they will deceive every man his Neighbour, and will not speake the Truth: they have taught their tongues to speak Lyes, and weary themselves to commit Iniquity, even in Print: being the very generation of men in the latter times of whom the 1 Tim. 4. 1. 2. 2 Tim. 3. 3. 4. Spirit speaketh expresly, that they should depart from the faith, giving heed to seducing spirits; speaking Lyes in hypocrisie, having their con­science seared with a hot Iron: false accusers, sierce, heady, high-minded, &c. having a form of godlinesse, but denying the power thereof.

Among the whole rabble of this lying, slandring Generation, there is none more peceant then John Lilburn, of late years a poor obscure Apprentice in London, but now a Lieutenant Colonel, and Ringleader of an Anti-Parliamen­tary Anabaptistical Faction: who forgetting all the Laws of Christianity & com­mon Civility, hath abused his best Benefactors, yea the very high Court of Par­liament who (as himself confessed) saved him from the Gallows; and most grosly belyed, traduced his ancient Christian friends in such a scurrilous, viru­lent, unchristian maner, without any provocation, as no age can parallel, in sundry Printed Libels, which he intitles Letters, wherewith he hath poysoned the minds of many poor Ignorant people of his Sect and others, with prejudices against the Parliaments proceedings, and filled their mouths with bitter invectives, calum­nies, and reports against those they formerly honoured most of any Mortall [...], and the very Raisers of John Lilburne to all the reputation he ever gained in the world; to wit, Master William Prynne, (whose Servant he was generally reputed to be, and was contented to own that Title for his own emoliment, though never capable of such an Honour;) and Dr. John Bastwick; the Printing of whose Letany (which he freely bestowed on him at his request) was the best stock he had, and that which first made him notorious to the Prelates, (their op­posites) and the present Parliament; whereas otherwise he had lyen buried in obscurity among the rubbish of the meanest vulgar, scarce known to any but him selfe.

For my own particular, I so much undervalue all his scurrilous lyes, and ray­ling invectives against my selfe, that I deeme them more worthy scorn, than answer, and his Libellous, seditious Letter to a Friend, with that unto my selfe, fitter to be refuted by the hangman hand than any others: But because I am cer­tainly informed by divers, That this last Letter, with other seditious Printed pa­pers of his, which he hath privatly scatred among his friends, have done extraordi­nary hurt, much incensed his ignorant mis-informed Brethren of the Separation, and opened the mouthes of them, yea of many Royalists and Malignants against [Page 3] the Parliaments proceedings in his and other cases, as tyrannicall, illegall, arbi­trary, unjust, and diametrally contrary to Magna Charta; (which this grand Ignoramus had never law enough to understand in the Language wherein it was first written, nor in his mother tongue, as appears by his very transcribing of it, wherein he writes DISEASED for DISSEISED,) the meaning of which Law term I am certain he understands not) and that his mistaken Law (embraced by his disciples as infallible Oracles) hath deceived many poor silly souls, and is conceived to have been learned from my selfe, (whose servant heretofore and now he is generally cryed up to have been, when as I blesse God, I never entertai­ned him in my service; nor any such turbulent, factious, crosse-graind peece as he shews himself.) I have at the motion of some friends, undertaken to passe a briefe censure on this his most seditious Letter, so far as it trencheth upon the Parliaments and Committees most just Proceedings, and my own personall re­putation, both which I shall clearly vindicate from his Malicious Lyes, and in­tollerable Libellous slanders. Wherein I shall pursue this method.

First, truely State the Parliaments most just and favourable Proceedings a­gainst him; which he most wilfully, falsly, and ungratefully mis-relates to ali­nate the peoples affections from, and draw down an odium upon them, without the least just occasion.

Secondly, Rectify his grosse mistaken Law, his mis-interpretation of Mag­na Charta, and the Petition of Right, and manifest the Parliaments and Com­mittees proceedings against him to be warranted by both; not contrary to either, much lesse to be utterly Illegall, Tyrannicall, Unjust, and destructive to the Subjects Liberties, as he scandalously reports them.

Thirdly, Recite and answer this whole Jury of most grosse Lyes and Slaun­ders, summoned from the very Vicinage of Hell, and brought by him to the Bar to give in a Verdict intentionally against my Reputation, but really against his own.

1 To begin with the first of these; Upon the publication of my, Truth triumphing over Falshood, Antiquitie over Novelty, in defence of the Parlia­ments undoubted Ecclesiasticall Jurisdiction, against Papists, Prelats, Anabap­tists, Independents, Royalists, who oppugned the same, Iohn Lilburne, for whom I had done sundry Courtesies, but never injured in thought, word, or deed, I know not out of what malicious, schismaticall, or unchristian humour, before ever he had read over my book (a great part whereof he understood not) Writ and sent me a most rayling virulent Letter, dated the 7. of January 1645. wherein he scurrilously Libels not onely against my selfe, but likewise against the Sy­nod assembled by Parliament, against the Ordinances of Parliament, prohibiting the Printing of Libellous and Seditious Pamphlets, Bookes without speciall License, (as contrary to the Libertie and Priviledges of the Subject, and learned of the Spanish Inquisition) and against the Ordinance for payment of Tythes, which he tells the Parliament is, A CONTRADICTION TO THEIR COVENANT, charging them thereby with no lesse then Perjury; which Letter before I had leisure fully to peruse, he published in Print without any License, to the great scand all both of the Synode, Parliament, and their procee­dings: whereupon it was about 2. daies after complained of, and some clauses ther­of read in the Commons House, and thereupon this Order made, and entred in the Commons Iournall.

Janu. 17. 1644.

Ordered, that the consideration of a Letter Printed under the name of John Lilburne be referred to the Examination and Inquirie of the Committee of Exami­nations; and it is further referred to that Committee to summon the said John Lilburne, and to examine him upon the writing, Printing, and publishing of the said Letter, and to report the state of the whole businesse to the House.

The Committee is further to send for the Company of Stationers, and toknow of them, by whose default it happens, that such scurrilous, libellous, and se­ditious Pamphlets are every day Printed and published, they undertaking at the pas­sing of their Ordinance, to prevent all these Inconveniences, that formerly grew by the licentiousnesse of the Presse, and to enjoyn them to be more diligent in suppressing such licentiousnesse, and to acquaint them, that the House doth expect a better ac­count of their Proceedings herein, hereafter.

Immediatly after this Order made, Iohn Lilburne was casually run into the eye with the head of a Pike about Moore-fields, which for a time endangered both the losse of his life, and eye too; whereupon the prosecution of this Order was suspended. No sooner was he recovered, but he caused sundry false, and scandalous Articles to be Printed against Collonel Edward King, under whom he served for a time in Lincolnshiere, till this Colonell committed and cashier'd him, for his seditious and Schismaticall car [...]iage, and bitter invectives against the Church and Ministers of England, in the Country and Army; which Articles he caused to be Printed and dispersed through London and Lincolnshire, to de­fame this well-deserving Gentleman, who hath adventured his life, and spent his estate in his Countries Service. No sooner had he Printed and vented these Libellous Articles here, but he poasted into Lincolnshire to disperse them there, In the meane time, the Printer with one or two of the underhand dispensers of these libellous Articles being apprehended, confessed, that Lylburne gave order to Print them, undertooke the payment of the Printer, and had, or was to have, 200. Copies of them for himselfe to disperse privately among his friends.

In May following, this Libeller returning to London, conscious to himselfe of his guilt, and of the Injury he had done the Parliament, Assembly, and my self, in his forementioned published Letter, declined the meeting of me face to face, e­ver turning aside when as he came neere me. Which I oft observing, he one day met me full butt, neere the lower end of Westminster Hall, ere he espide me, and then turned his back suddenly upon me to avoid me. Whereupon I presently ac­costing him; spake to him with all mildnesse to this effect: Lieutenant Colonell Lilburne, I am very sorry that you have so farre forgotten your duty to the Par­liament, as without any cause on their parts (who have purchased your li­berty, and saved your life of Late) to Libell against their Ordinances, Proceedings, and charge them with no lesse then breach of their Covenant; to revile the Synod as­sembled by their Authoritie, which never gave you any offence; and so farre trans­gressed the Laws of friendship, and Christianity towards me your ancient Friend, as to raile against, and slander me in Print in such a reproachfull, unchristian manner, as you have: when as I have done you many Courtesies, but never of­fered you the smallest Injury in word or deed. I hope by this time you have serious­ly considered these Injuries, of which the House of Commons hath taken speciall [Page 5] notice; and I shall next desire you in a friendly Christian way, to give some satis­faction to the House, and my selfe, for the Indignities done us by your Libellous Let­ter, which had you not published in Print before I had leisure to peruse; I had been si­lent. But instead of giving an ingenuous answer to this just request, he fell into an angry fit; Using many unsitting insolent words to me, in the open Hall; and to shew his Billings-gate education, among other uncivill speeches, said; A turd in your teeth; if you were out of the Hall, I would teach you to lay your hand on mine, when as I onely touched his hand in a familiar manner with my finger; using divers other harsh threatning words no waies beseeming him or me: Wherupon, I returned him this answer: Sir, I perceive you a man of such a fiery temper, that there is no discoursing with you in any private loving way; and therefore since you are so cholericke and refractory, I hope you will not take it ill, if you be called to an account for this your Letter in an other place before your betters, (according to a Vote already passed in Parliament) where I presume you will remember your selfe, better, and not be so rude as now you are. To which he replied to this effect; Do what you dare against me, I shall justifie my doings in any place. Whereupon I answered, That if this were his resolution, he should shortly answer his Letter before the Com­mittee of Examinations, to which. the House had referred it: And so wee parted.

This Committee being soone after informed, that Lilburne was returned to London, on the 16 of May, made a Warrant, onely to Summon him to appeare before them the next day at two of the clock, concerning the Printing and pub­lishing of his Libellous Letter, without any Licence, contrary to an Ordinance of Parliament. Upon which Summons he appearing May 17. confessed upon his Examination, that he did write this Letter, (the originall whereof was produced under his hand) that he not receiving an answer to it in three or foure daies space, did thereupon cause it to be Printed without License; But refused to declare the Printers name that Printed it. Mr. Prynne being then present at his Examination, informed the Committee, That he did not desire to prosecute the businesse against him with rigour, but only to make him confesse his Injuries to the Parliament, and Assembly, and crave pardon for them: which if he would there doe, he would free­ly remit all personall scandals, and injuries done by him to himselfe, desiring one­ly his reformation, not his ruine, or vexation. Whereupon Lilburne desired this favour from the Committee, That he might set downe his own Answer in writing, touching the Printing and contents of his Letter, and that if he might have co [...]i­ent time to doe it, he would deliver it in under his hand, at the time appointed; W [...]i [...]h the Committee (out of their clemency) freely granted, though I beleeve, they never indulged so much liberty to any other in the like case: onely they added this command (then entred in their Booke of Examinations,) He was comman­ded to be carefull to publish nothing. Hereupon being dismissed for the pre­sent, he Penned an Answer full of Invectives against the Parliament, the Iudges, and Iustices Legall proceedings against seditious Sectaries, seconded with many false relations of unheard off cruelties towards them, to render the Parliament odious to his Faction: calumniates and railes afresh against me, as an enemy to Gods people, a Seditious Fire-brand, one deserving to be hanged &c. which an­swer he no sooner delivered in to the Committee, but the very same, or the [Page 6] next day after, he published it in Print without any Licence, contrary to the Com­mittees expresse Command, and the Priviledges and Orders of Parliament, and to shew his further contempt of Authority, caused this very Letter, for which he was questioned, to be re-printed. About which time, the Scurrilous Libels entituled, The Araignement of Persecution, and A Sacred Synodicall Decretall, were pub­lished, Printed with the selfe same Letter and Presse, as his Letter and Answere were, and some of them seised together with his Letters by the Stationers. Who acquainting the Committee of Examinations therewith, according to the former Order of the House; thereupon the Committee, for these insufferable in­solencies and contempts of his, on the 18. of June ordered; that Lilburne should be sent for in custody, touching the Printing of his Letter, and other Scandalous Bookes; in which number was his Answer to nine Arguments, Printed at an unlicensed Presse, Anno 1645. with his Picture and Verses before it; wherein he intollerably railes against our Church, Ministers, Worship, Gover [...]ent, as Antichristian, and Diabolicall, to be utterly abhorred, renounced by all Gods people. Upon this the Messenger only summoned him to appeare before the Committee, but did not at all attach or imprison him. After that another seditious Libell, in­tituled, Martyns Eccho, Printed with the selfe same Letter and Presse, that Lilburnes Letters and Pamphelts were, being published, and having some of his very Expressions and Phrases scatterd in it, Lilburne, upon the Stationers Infor­mation (who were checked for suffering these Libels to be Printed, which they said, they could not remedy, unlesse some were exemplarily punished) was againe Ordered to be sent for in custody by the said Committee; whereupon the Messen­ger took & detained him in his house, but for one nights space, where he used him very courteously, and tooke not one farthing of him: And notwithstanding his publishing of so many Libellous Pamphlets, contrary to expresse Ordinances of both Houses, (which inflict not onely Imprisonment, but other Censures too upon such delinquents) and his refusall to discover the Printers of those Books, the Committee of Examinations were so exceeding indulgent to him (thinking to reclaime his incorrigible obstinacie by lenity) that they permitted him to goe at large, attending them only when he should be sent for, without putting in any Bayle.

On the 19. th. of July following, Lilburne walking in the Court of Requests with one Hawkins, and others, reported to them (without any reall ground at all, but bare reports, heare-sayes from persons of meane condition)That there were strange things discovered against many Members of the House of Commons, and went as high as the Speaker, against whom it would be proved, that he had with his owne hand sent three score thousand pounds to the King at Oxford; and that many Members had made their Peace, and done strange things, amongst whom, Sir Robert Harloe was one. Of which seditious and scandalous Spee­ches, the House being informed by Colonel King, Dr. Bastwicke, and other Witnesses of good credit, and having no time to examine the businesse, having sate all that day till past six of the clocke, made this ensuing Vote.

Die Sabbati. 19. Julij 1645.

Resolved upon the Question, by the Commons assembled in Parliament, that [Page 7] Lievtenant Colonel Lilburne be forth with taken into Custody, by the Serjeant at Armes attending this House; and so kept till the House take further Order.

To the Serjeant at Armes, attending on this House, or to his Deputy, &c.
H. Elsing Cler. Parl. D. Com.

By vertue of this Warrant, and upon this occasion onely, he was apprehended by the Serjeant of the House, and kept in Custody, till the 24. of July. At which time being brought to the Committee of Examinations, and there examined touching this forementioned scandalous Speeches of the Speaker, and others: He peremptorily refused to give them any answer, unlesse the Committee would first expresse the cause, why he was ordered to be taken into custody, when as him­selse did well knwo, it was for those very words against the Speaker, and other Members, whereupon they told him they would then examine him. Using divers in­solent Speeches to them, and charging them with the breach of Magna Charta which he is not ashamed to relate at large in his Printed Libel to his Friend, pag. 2. to 5. whereupon he was most justly and Legally committed to Custody, and his contempt Ordered to bee reported to the House.

The very next day, he compiled a most lying, scandalous, seditious Libell, A­gainst the Parliament, Speaker, some eminent Members of both Houses. Sir Iohn Lentall, Doctor Bastwicke, and my selfe, which he Intitled, The Copy of a Letter from Lievtenant Colonell Iohn Lilburne to a friend. The most seditious, scanda­lous, false lying Libell against the Parliament, Committe of Examinations, and Members of both Houses, that ever yet was penned, farre worse then any Ox­ford Aulicus, and tending only to stirre up the People to rise up against the Par­liament, to resist their power, Proceedings, & alienate their affections from them. This, after his old manner, he sent to a private Unlicensed Presse (alwaies ready at his command) where being speedily Printed, he despersed the printed Copies thereof every where by his Agents among his Friends, and Confederates, who vented them under-hand for money: One of the Printed Copies whereof being brought into the House, and there read, the House unanimously passed this Vote.

Die Sabbati 9. August. 1645.

Ordered by the Commons assembled in Parliament, That the consideration for finding out the Author of this Booke, be referred to the Committee of Exa­minations, and that in case it appeares to be Lilbournes Booke, they shall have pow­er to commit him to what Prison they please.

Hereupon the Committee of Examinations sent for Lilburne this very day in the afternoone, to examine him concerning the writing and printing of this Letter; but he most obstinatly, in a peremptory and contemtuous manner re­fused to be examined, or give any answer to the questions demanded of him, concer­ning the writing, or publishing therof; whereupon he was committed to Newgate, by this ensuing Warrant, expressing the cause of his commitment thither, ac­cording [Page 8] to the Petition of Right, and Magna Charta, the effect whereof is thus entred in the Keepers Book of Newgate.

Lievtenant Collonel Lilburne committed by Laur. Whittaker Esquire, from the Committee for Examination, for refusing to answer to such Que­stions as were propounded unto him by this Committee, by Order of the House of Commons, and for the reasons that he gave for the same. And not to permit him to goe out of the same, without further Order of the House or Committee.

Examinat per Radm. Briscoe. Cler. de Newgate.

On Munday the 11th. of August, this comtemptuous obstinate deportment of his, and refusall to be examined, was reported to the House, together with his commitment for it to Newgate: whereupon the House unanimously made and entred these two Votes.

Die Lunae 11o. Augusti 1645.

Ordered upon the Question by the Commons assembled in Parliament, that they doe approve of what the Committe hath done concerning Lievtenant Collonel Lilbourne.

Ordered upon the Question, That Lievtenant Colonell Lilburne be tried at the next Quarter Sessions to be held for the City of London, concerning the contriving, making, devulging, and spreading DIVERS NOTORIOVS SCANDALS, set forth in his name, in a Printed Pamphlet, under the Title of a Letter to a Friend, AGAINST THE PARLIAMENT, AND SEVERALL MEMBERS OF THE COMMONS HOVSE: and the care hereof, is especially referred to Master Recorder.

And by other subsequent Orders, a Sollicitor and Councell were specially as­signed in the behalfe of the Parliament, to prosecute this businesse against him.

Yet notwithstanding this incorrigible Lib [...]ller, and unparalleld affronter of the Higher Powers, persevering in his villany and seditious practises, since his com­mitment to Newgate, hath compiled, printed, and privily dispersed another most pestilent, mutinous Libell against the Parliaments power and proceedings, to incense and muteny the people against them, (Printed in halfe a sheet) as Libel­lous and seditious as his Letter, and much of the same stra [...]ne: for all which unparallel'd insolencies he shall no doubt be brought to a faire Legall triall, and re­ceive condigne punishment in due season.

This is the truth, the whole truth, and nothing but the truth of his Case, and of the Parliaments, and Committees proceedings against him, every Tittle where­of, [Page 9] will be justified, and made good by a clowd of Witnesses, being persons of Ho­nour, quality, Piety, Fidelity, by the Parliaments and Committees Journalls, Lilburnes owne Pamphlets, and himselfe, (if he be not past all shame, grace) dares not gaine-say it in any particular.

Now this being the true state of his Libellous, Seditious, Incorrigible, Con­temptuous carriages toward the Parliament, successively from time to time; and of the Parliaments leasurely, milde, indulgent proceedings towards him; I ap­peale to all the world, yea, to his best and most partiall friends and Confederates.

First, Whether any mortall, be he Papist, Prelate, Malignant, Royalist, or Cavalliere, much lesse, any profest Votary to the Parliaments service, did ever de­meane himselfe so Libellously, Slanderously, Seditiously, Contemptuously, Pe­remptorily, Presumptuously, and ungratefully to the Parliament, the Com­mittee of Examinations, the Members, & proceedings of the House, as this proud upstart Iacke hath done, both in words, writing, deedes, without the least shad­dow of remorse or penitence? Or, whether any History records his Parallel?

Secondly, Whether ever any Parliament, Committee, or other Court of Justice, did with so much lenity, patience, and long-suffering endure so many reiterated multiplied Libels, and publike affronts against their Jurisdiction, Pro­ceedings, Justice, Members, without any just occasion, or ground at all, as this Parliament and Committee hath received from this Seditious Lying Libeller, before they did commit him, after so many preceedent questionings, and admo­nitions? Or, whether any such patterne of Clemency, Patience, as they have used toward this incorrigible wretch, can be produced out of any Parlia­ment Rolles, or Journals, in preceeding Ages? If not, as I am confident none can; then how desperately ingratefull and malicious is this Lilburne, for taxing them with Tyranny, Cruelty, and injustice in their proceedings against him?

Thirdly, Whether ever any proceedings were more Legall, just, and regular in every punctilio of Law, or more consonant to Magna Charta, the Petition of Right, or Lawes of the Land, then these against him? And whether ever any man committed by Parliament had lesse cause to complaine of Injustice, and Infringement of the Subjects Liberty, then he? Yet never did any man, both in discourse, and Printed Libels, so raile against the Parliament, for Tyranny, In­justice, breach of Magna Charta, the Petition of Right, the Subjects Hereditary freedome and liberty, as he hath most causelesly and seditiously done, of purpose, to raise up tumults against, and alienate the peoples affections from the Parlia­ment, his Emissaries scattering abroad these his seditious Libels among the Malignants in Kent, and else where, no doubt to excite them to a new Rebellion.

Having thus truely stated his case, and the truth of the Parliaments proceedings: I shall in the next place discover and refute his malicious Lyes and Forgeries a­gainst the Parliament, and Committee of Examinations, in his owne Printed Re­lation of his Case, in his Letter to a Friend.

In this Lying Libell Pag. 3. he writes: Yet notwithstanding, since the first of May last, I have by the Authority of the House of Commons, BEEN THREE TIMES IMPRISONED, before ever I knew mine Ac­cuser, or mine accusation, or ever was suffered to speake one word in mine owne de­fence: [Page 10] which I humbly conceive is contrary to Magna Charta, And these Privi­ledges that I ought to enjoy, by vertue of my having an interest therein. The man­ner whereof, he relates more largely, Pag. 12. 13. 14 where he repeates the former words with this addition: In againe I was called, and told, I must wait again to morrow; I expressed my selfe againe and againe unto them, to give mee leave to declare but one thing to them, but heard I could not be till about two houres after, waiting at the doore, bemoaning, and Note here his seditious carriage. crying out to those that stood by, of the sad and deplorable condition, that I, and the rest of the Free people in England are fallen into, to be so unjustly Imprisonned, for the expence of our bloud, for the just preservation of our just Freedomes, that we should from Commitees of Parlia­ments themselves be Imprisoned, we know not wherefore, and when we come be­fore them, according to their owne command, that we shal be If the Com­mittee hath businesse of great [...] impor­tance, y [...]t John Lilburn, must forthwith be heard, and have p [...]ece­dence of all o­thers, else Magna Charta, & the Subects Liberties are presently in­fringed. remanded back again, and not suffered to speake one word for our selves; Heare ô Heavens, and give eare ô Earth, and thou righteous God, that lovest justice, and judgement, and ha­test, and abh [...]orrest oppression, and crueltie, which makest wise men mad, put forth thy hand, and doe justice thy selfe upon the unjust and unrighteous Iudges of this age, whom the people have set up for their good; namely, to preserve their Lives, Liberties, and Estates, as their faithfull Stewards and Servants, doe yet de­stroy what they would seeme to mainetaine.

What heavier charge of Injustice, Oppression could be objected against the Parliament & its Committees, then this vile libellous Incendiary hath most falsly and scandalously cast upon them, in these seditious bitter lines, in which there is scarce one word of truth. For where as he publisheth with a b [...]azen forehead.

1. That he hath beene three times imprisoned since the first of May last; by Au­thority from the House of Commont; (before his two last commitments.)

It is most certaine, he was not so much as once imprisoned by any Authority from the House, though hee deserved to bee three times successively impri­soned in that space, for his intollerable Libels, and affronts against the Parlia­ment: Let him therefore shame the Devill, and tell his deluded Confederates, when, where and by whom he was thus three times imprisoned; to what Goale he was thus committed; how long he lay there; what fees he payd, and how he got thence released: or else recan [...] this desperate malicious Lye. True it is, hee was thrice sommoned to appeare before the Committee of examinations for his successive printed Libels; and the last time sent for in custody, by a Messenger but yet not apprehended as a Prisoner, but entertained, and lodged by him at his house as a friend one night without paying any fees; and permitted the next morning to goe at liberty with [...]ut bayle or mainprize. And these are the three (No) impri­sonments, this lib [...]ller so much declaimes against, instead of rendring heartiest thanks to the Committee for their incomparable Clemency towards him; consi­dering his reiterated Crimes and obstinacy.

2. Whereas he ave [...]s he was thrice imprisoned before ever he knew his Ac­cuser or Accusation: he writes expresly in the very next words pag. 1. 2. 3. &c. that I was his Accuser; that his Accusation was, the writing and prin­ting of his letter to me, and that he was the Author of Martins Bookes. Was not here then both an Accuser and Accusation by his own printed confession? True [Page 11] it is, that when he first appeared before the Committee, I did accuse him for printing his libellous Letter; but the Commons house had accused him for it some two or three Moneths before and ordered the Committee to send for and exa­mine him; which order he knew off long before he was sent for: and when he was sommoned the second and third time, the Wardens of the Stationers (for­merly checked about his unlicensed libells,) were his knowne Accusers, not I, but as their Councell: And therefore it is a most impudent Lye; that he neither knew his Accuser nor accusation before he was committed.

3. Whereas he complaines he was committed before he was ever suffered to speake one word for himselfe; this is a more audacious Lye then all the rest. For at his first appearance before the Committee, he had liberty to speake what he pleased for himselfe; nay, (which was never granted to any before upon a bare Examination without Articles, by expresse order from the house) Leave and time indulged him by them to set downe his owne answer in writing, which he not only gave in under his hand, but likewise published in print to all the world, and informes them againe in this very Libell that he did so; Yet for­sooth he hath the monstrous impudency to print this contradiction, That he was never heard to answer or speake one word for himselfe. O the falsenesse and boldnesse of this matchlesse Lyer! who needs no other testimony against him, but himselfe. It may be at his second appearance, the Committee being other­wise imployed, had no time to heare him; but I am certaine, they did not then commit him, before he was heard or suffered to speak one word; For he was not at all committed. And that he was committed at other times, before he was heard one word, is so apparently false, that the greatest part of his Libellous Letter to a Friend, is but a meer Relation of what saucy, malapert, daring speeches hee used to the Committees faces, charging them with the breach of Magna Char­ta, (which they gave him free liberty to read, as himself records for their vindica­tion against his brazen-face Lyes) and much trampling upon the Subjects Li­berties; they hearing him speake, with much patience, such desperate Language against their Authority and most just proceedings, as never any Malignant Ca­valeere, or Royalist of the Kings owne Party, durst use unto them; which they would not have endured from any other, but such an impudent ungratfull Companion as himselfe, Yet for all this liberty of speech, in his defence, hee cries out of the sad and deplorable condition that himselfe, and the other free peo­ple of England are fallen into, that they should from Committees of Parliament themselves, be Imprisoned they know not wherefore, and when wee come before them according to their owne commands, bee remanded backe againe, unheard AND NOT SVFFRED TO SPEAK ONE WORD FOR OUR SELVES, when himself was suffered (as he there relates) to speake, and write so much: Wherfore I shall only turn his own Scripture exclamation against himselfe. Heare ô Heavens, and give eare ô Earth, and thou righteous God, that lovest Iustice, and Truth, and hatest and abhorrest Lying, and Lyars, put forth thy hand, and doe justice thy selfe upon this most desperate Malignant Lyar, Slanderer of the Parliaments most just proceedings against him, for his conver­sion and amendment, if he belong thee, or else to his just punishment, who hath [Page 12] thus falsely abused his Tongue and Pen, against these highest Powers, who re­present thy person, and are thy faithfull Ministers: And all you giddy seduced people of his combination and Schisme; now at last discerne and Judge, I beseech you, of the gracelesse, nay, Devillish temper of this transcendent Lyer; and how false those vile imputations are, which he hath publikely charged on the Parliament, to render them odious to the people, out of the meere malevolence and virulency of his seditious spirit, contrary to his owne knowledge, in his Prin­ted papers. How can, or dare you credit him in any thing, who hath so grosely belyed both the Parliament, and Committee, in those very particulars, which are the ground of all his Satyricall Declamations against their Proceeding as Tyrannicall, and unjust, which certainely himselfe, of all Malignants ever yet brought before them, had the least cause of any to complaine.

But admit, all these three malicious Lyes to be true; there is no such cause for such an outcry as he makes against the Parliaments proceedings as Arbitrary and unjust: Certainely, had he ever enjoyed the honour of being mine, or any other Lawyers, or Justices Clarke, he would have known, that there is nothing more usuall, then for Judges, Justices, Mayors, Aldermen, and all superior and in­feriour Courts of Justice in the Realme, upon private credible Informations or complaints, to sommon, yea, attach men by Bayliffes, Serjeants, Constables, and other Officers, to appeare before them upon generall summons, to answer such matters as shall be objected, or alleaged against them; and sometimes to com­mit them to safe Custody till examined, before they ever acquaint them with their Accuser, or Accusation, or heare them speake one word in their own behalfe; yet none ever deemed these ordinary proceedings of theirs, either Arbitrary, Tyrannicall, or Illegall, contrary to Magna Charta, or the Subjects Liberties, but most iust. And shall not the Parliament, the supremest Court, have as great a liberty and power, thus to summon and attach men upon informations against them, onely to answer their Accusations, when ripe for Examination, as the meanest Iustice of the Peace doth dayly ex [...]rcise without exceptions? How many thousands have the Lord Mayor of London, the Courts of Guard, and Committee of Examinations sent sor, attached, and restrained thus for a short space of their liberty, till they could be examined, before ever they knew their Ac­cuser or Accusaton, or could be brought to publike examination; and yet not one of them, ever made such an horrid outcry against the Legality of their pro­ceedings, as this Ignoramus, who understands the Law, and Magna Charta, no more then a Iack-daw, as one once said of a doting Lawyer.

But to proceed to his other falsehoods, Page 7. he writes: That during his im­prisonment at Oxford, he was ruined in his estate to the value of six or seven hun­dred pounds, which he left behind him at Londō, which he can clearly make appeare. Which he likewise recites in two other printed papers. This certainly is as grosse a lye as any of the former. For his best and neerest friends will attest, he was ne­ver worth halfe so much; and the maine reason, why he left the City, and went into the Parliaments Forces, was not so much for any good affection to the Par­liaments cause, as to protect himselfe against his Creditors arrests for these many debts, which he incurred by renting of a Brew-house, which (both him­self [Page 13] and his Father, oft times told me, when they repaired to me for advice in Law concerning it) had quite undone and broke both himselfe and his friends, who stood ingaged for him. And this Libeller himself Pag. 5. insinuates as much, com­plaining for want of recompence for his imprisonment, TO PAY HIS DEBTS, and buy him and his bread: So that he was as much or more beholing to the Parlia­ments Service for protecting him from the arrests and executions of his Credi­tors, as they were to him for any of his good services, the praise whereof he hath now, utterly lost and blemished by his evill, Libellous, and Seditious attempts against them.

Pag. 16. He most scandalously and falsely avers; That many of the House of Commons tooke to themselves 3. l. 10. s. a weeke, and some of them more, and others of them great places, worth 500 l. 1000 l. 1500 l. 2000 l. and more per annum, and live in as great pompe, superfluity, and bravery, as ever they did in their daies, by the ruine of the Common-wealth, when as thousands who have spent all they have in the world, and done the Kingdome good service, have not a bitt of bread to put in their mouthes, &c. This is a most notorious Lye: the Lords and Commons having removed all their Members by a speciall Ordinance, from all the Offices conferred on them by the Parliament, though well deserving, and fit to mannage them: And when this slanderer shall make good this false charge by sufficient witnesses against any particular Members guilty of it, he shall receive a fuller answer.

Page 5. He complaines; that the Parliament and House of Commons, who formerly owned him, having served their turnes of him; hee could never have Justice from them, though he hath been as faithfull a friend to the Common­wealth, as ever any they imployed. And whereas Magna Charta saith, Justice and Right we will deny to none, we will deferre to none, yet have I waited these foure yeares upon them, at great expences, and cannot get them to put their Votes in execution, And now of late I have followed them about this six moneths, to the expence of about 100 l. to get a Petition read, that I might have justice, and reparation, but have been denied Justice and Right, and could not get my Petition read: which he ingeminates, inculcates in sundry other pages. To which I answer, that it appeares by the next preceeding words, that the Parliament served his turn first, not he theirs. First, By inlarging him out of Prison, and restoring him to his Liberty. Secondly, By hearing his cause, and Voting his sentence in the Star-Chamber illegall, and that he ought to have re­parations. Thirdly, By saving him from an arraignement for his life before the whole House of Peeres about the Earle of Strafford, when the King himselfe sent in an Accusation against him, Aug. 4. 1641. (for his seditious carriage) To which he might have added (and doth elsewhere relate) a fourth; by save­ing his necke from the Gallowes at Oxford, and purchasing his release by an ex­change from thence, to which I contributed my owne best assistance. But did the House ever imploy him in any publike service to serve their turnes? Sure­ly never, for ought I could learne, and if they had, they should have heard of it to purpose in this Letter. What an ungratefull lying Merchant then doth he shew himselfe, thus ill to requite the House of Commons for this their extraordinary [Page 14] favours, to use such scandalous false speeches, and Libellous invectives against them, that having served their owne turnes of him, he could never have Iustice from them since, &c. Yea, but he hath waited above foure houres space, and can have no reparations for his losses, according to their Votes. But is this the House of Commons fault? Have they been backewards to doe him right? or rather hath not he beene negligent and wanting to himselfe, in procuring a trans­mission of his cause to the Lords, without whose concurrence his sentence can­not be reversed, nor his dammages ascertained and repaired. Surely it is very well knowne to the world, that my owne Sufferings, Imprisonments, Los­ses, transcended his by many degrees, and that the Commons Voted me Repara­tions and Dammages for them, long before they passed their Votes for him; that never yet received one farthing recompence for all my Losses, Dammages, eight yeares Imprisonment, Exile, the losse of my calling and estate, in any kinde whatsoever, though (I presume) I have done far greater more and better Services for the State, Church, Parliament, then ever he performed for them: Yet did I never complain either of or against the Parliament, for breach of Magna Charta, in not doing or delaying to do me Right or Justice, neither had I just cause to do it, since the weightier publike affaires of three bleeding Kingdomes, Churches, and our Bloody Wars and Schismes in all three, have in­grossed all their time, thoughts, and deprived them both of vacancy, opportunity, and since, of present meanes to right me in this kind, in these necessitous times. The like I might say of my Dear Fellow-sufferers, Doctor Bastwicke, Mr. Hen­ry Burton, Mr. Peter Smart, Dr. Leighton, Mr. Walker, and sundry others, who suffered far greater losses, and underwent far longer imprisonments then John Lilburn, and were Voted Reparations in the Commons House before any such Vote for him, yet never received any satisfaction or fruit of these Votes, by rea­son of the Parliaments more publike imployments, whose Councels, Debates, time have been wholly taken up, to preserve our three whole Kingdomes, Religion, Lives, Liberties, and themselves from eminent ruine, which, blessed be God, they have done: Yet never did any of these revile the Parliament or Com­mons, or publikely tax them of injustice, in such a Libellous base unchristian way as he hath done, but still sit down quietly, and waite with patience till God shall restore the Parliament and Kingdome to such a condition, as may inable them effectually to accomplish what they so long since Voted in their behalfes. Onely poor upstart John is lately swelled to such an Altitude of worth and Me­rit in his owne conceite, for his late Libellous and seditious Anti-parliamentary pamphlets, that he thinks the whole Parliament guilty of the breach of Magna Charta for not setting all publike businesses aside, to heare his private Petition, and give him Reparations; whereas if they had strictly pursued Magna Charta in doing undelayed justice against him for his seditious▪ scandalous, execrable Li­bells against themselves, their Proceedings Power, Members, and others who have done them service, perchance he might have received his just recompense at Tiburne ere this; and I pray God give him so much grace and timely repea­tance, as may make him capable of so much mercy, to escape it at last.

I find another notorious slander of his, with which I shall conclude, in the 11 [Page 15] page of this Letter of his to this effect: I served under my Lord of Manchester, where and with whom I adventured my life, as freely as any man in the Army; and the best requitall that I got at his hands was, an earnest endeavour by him to hang me, for taking Tickell castle from the Cavaliers: Truly though none wil or can believe this Slander of this Noble Lord; yet they will easily believe it of him­selfe (if they considerable his seditious Anti-Parliamentary Libels, Practises, and some other conspiracies of him or his confederates against the Parliament and some chief members of it) that he doth most earnestly endeavour to hang himselfe; and some of his best friends fear, that hanging will be his destiny, since he takes such desperate courses to bring him to it. He hath therefore now need to ply God with his prayers, to give him so much Grace, (and I heartily pray he may so do) as may prevent so great a shame, so sharpe a sentence, and reserve him for some better end.

Having thus charged throug and rooted his maine Squadron of Lyes and Scan­dals against the Parliaments and Committees proceedings: I shall in the third place a litle examine and refute his mistaken law, his mis-interpretation of Magna Charta and the Petition of Right, which had very ill fortune to fall into the hands of such a lawlesse Ignoramus. The summe of Lilburnes complaint a­gainst the Parliament is: That he hath beene severall times sent for, examined and imprisoned by the Parliament and its Authority, in a most unjust, arbitrary and tyrannicall way, contrary to Magna Charta, the Petition of Right, and liberty of a free-borne subject. This I have already manifested to be a most false and scanda­lous Lye in matter of fact: I shall now cleare it to be so in point of law, to stop his and all mens clamorous mouthes, by making good these 4. Propositions

First, that his first summons, onely to appeare before the Committee of Exa­minations, upon an expresse order of the Commons house, for printing his first Libellous Letter against the Parliaments Ordinances, Proceedings, Power, the Venerable Assembly, and my self, without license; contrary to severall Ordinan­ces of both Houses; is neither against Magna Charta, nor the Petition of Right, nor the Subjects Liberty, not Law of the Land, but consonant to them all.

2. That his second summons, and third sending for in custody for printing his Libellous Answer given under his hand to the Committee without license, contrary to their expresse order, and direct Ordinances of Parliament, is not contrary to Magna Charta, &c. but agreeable thereunto.

3. That the Committee's examination of him concerning his last printed unli­censed Papers and words of Mr. Speaker, was no infringment of Magna Charta or the Subjects liberty, but warranted by Law: and his commitment for refu­sing to answer, most just and Legall.

4. That his commitment to the Serjeants custody by Vote of the Commons House before ever he knew his Accusation or Accusor, and without being called to the Barre and heard to speak there for himself, is no infringment of Magna Charta, the Petition of Right, the common law, or subjects liberty, but war­rantable, just, and Legall.

Before I proceed to these particular Heads, I shall give you a briese Account what the law of the land is in cases of Libels against private or publike persons [Page 16] Lilburnes Libels and false reports both of the Parliament Committees, Speaker, and members of both houses being the ground both of his summons and impri­sonment.

The law before the Conquest was, that the Author and spreader of false Ru­mors among the people, had his Tongue cut out, if he redeemed it not by the prize of his head: as appeared by the Lawes of King Alfred: cap. 28. and Sir Edward Cookes 3. Institutes p. 198. We read in Bracton l. 2. Tit. De Crimine lesae Ma­jestatis; in Glanvil. l. 2. f. 110. in Britton Tit. of Appeales f. 39. in Stam­ford, Plees del Corone f. 1. b. and sundry other law-bookes: that at the Common Law, both before and since Magna Charta, it was no lesse then High-Treason for any man to do or give consent or assistance to any thing which might move Sedi­tion in the Realme, or Army: which nothing is more apt to doe then seditious Li­bels against the Parliament and chiefe Members of it, to mutiny the people and Army against them: of which crime how guilty Lilburne is, let all who have read his most seditious Papers judge: Tr. 18. E. 4. B: R: Thomas Heber was indicted and out-lawed of High-Treason among other things, for saying (after the Parliament ended) That the last Parliament was the most simple and insuffi­cient Parliament that ever had beene in England: I am certaine John Lilburne hath not onely said but written, printed, and published to the world of this pre­sent Parliament yet sitting, that which is farre worse: viz: p. 4. 5. &c. That Judgement (there) is turned backeward and equity cannot enter: That the Lord saw it, and it displeased him that there was no Judgement there. That the Parliament having served their turnes of him, he could have no justice since: that he hath been denyed Justice and Right both by the House and Mr. Speaker. That the vote of the house for his Commitment is contrary to Magna Charta, and to the just practise that was used by the very Heathen Romans: O brave times, and brave justice! To which he adds this imprecation to heaven against them; Heare ô Heavens, and give eare ô earth, and thou righteous judge that lovest justice and judge­ment, put forth thy hand and do justice thy selfe upon these unjust and unrigh­teous Judges of this age, whom the people have set up for their good, namely to pre­serve their lives, Libertyes, and Estates, as their faithfull Stewards, and yet de­stroy what they would seeme to maintaine: with other passages as bad or worse.

By the Statutes of Westminster 1. (made 3. Ed. 1.) c. 33. 2. R. 2. c. 5. 12. R. 2. c. 11 1. and 2. Phil. Mary c. 3. and 1. Eliz. c. 7. It is enacted and straitly de­fended upon grievous paine, that from thenceforth none should be so hardy to con­trive, speake, or tell any false newes, lyes, or other such false things, or publish any false Newes, Lyes or Tales, or Prelates, Dukes, Earles, Barons, Nobles or Great men of the Realme, whereby debates, discords, or slanders may arise betweene the King and his people, or the Lords, Nobles and commons, whereof great perill and mischi [...]fe might come to all the Realm, and quick subvertion and d [...]struction of the Note. said Realme, if remedy were not provided; And that he that shall offend herein, shal be kept in prison, untill he hath brought him forth in Court, that did first speake and report the same; and if he cannot bring him forth, that then he should be grievously punished (according to the nature of the [...]ffence) by the Councell. And all Justi­ces of Peace within every shire, Citty, and Towne Corporate, are inabled to heare [Page 17] examine and determine the said causes, and enjoyned to put these Lawes in due execution, that from henceforth condigne punishment be not deferred from such offenders: And by vertue of these Acts, and of the very Common Law it selfe, many persons for libellous false speeches, Newes, Reports, and writings not only against Noblemen, Iudges, great Officers, and other persons of ho­nour, but even of private persons, have constantly in all ages been indicted in the Kings Bench before the Iudges, and proceeded against in the Star­chamber, for raising or spreading false News, Lyes, Libels, Rumours, and been imprisoned, fined, adjudged to the pillory, to weare papers on their heads, lose their eares, undergoe other corporall punishments, and bound with good sureties to the good behaviour, as you may read in Sir Edward Cooks Commentary or Institutes on Magna Charta 3 E. 1. c. 33. His 3. Institutes c. 76. f. 174. His 4 Institutes cap. 5. & 7. 5. Rep. pars 2. f. 129. 125. 9. Rep. f. 59. Cromptons Iurisdiction of Courts Tit. Starchamber and Banke le Roy 43 Ass. 38. and Parson Harrisons case in the Kings Bench for defaming Iudge Hutton, being a late memorable president of Iustice in this nature, which every man approved.

This being the knowne, received Common and Statute Law of the Realm, agreeable to Magna Charta and the Petition of Right, which protect no mans liberty, person, or estate, against the due proccedings and punish­ments of Law, when he turnes a Libeller, Malefactor, Felon, Traytor, or Delinquent against the Law (for then every Theefe, Murderer, Felon in New­gate might plead it as well as Iohn Lilburn against their imprisonments and judgements) The first question will be; Whether the Committee of Exami­nations and House of Commons being really and truly informed of all the forementioned seditious Papers, Libels, Lies and false Reports published and printed by Lilburn against the Iurisdiction, Ordinances, Proceedings of the Parliament, their Committees, Members, the Synod, and others, might not justly summon him to appeare before them, being authorized and com­manded by a speciall Order of the House to do it, without any infringement of Magna Charta and the Petition of Right? Certainly, this being the truth of the question, there is no man that knows what belongs to Law or justice, but will acknowledge it, since there is nothing so common in daily practice or experience, as for the Lord Mayor and Aldermen of London, the Mayor, Iustices, and chiefe Officers in every City or Corporacion, the Iustices of Peace in every County, the Judges and Stewards in every Court of Iustice, the severall Committees, and all Subcommittees of Parliament, upon infor­mations and complaints of any wrong or injury within their severall Iuris­dictions, to send out generall warrants, writs, or summons to the parties complained of, to appeare before them, to answer such things or misdemea­nors as shall be objected against them. And in the Army it selfe Iohn Lil­burne cannot but know, it is an ordinary course for the Generall, or Coun­cell of war, or any chief Officer of the Army, to send the Provost Marshall, or other under Officers to summon any souldier under their Command to ap­peare before them upon complaints, without sending them notice first, what [Page 18] their accusation is, or who their accuser; and Iohn Lilburne himselfe (as I am credibly informed) hath without any Commission done more then this amounts to in Lincolnshire, whiles he had there some petty Command. And shall not a Committee of Parliament then have as much authority to sum­mon John Lilburne to appeare before them upon a just complaint and speciall Order of the House, without a grand infringement of Magna Charta, the Petition of Right, and such an out-cry as you have heard in print; when as any Iustice of Peace, or petty Officer may doe as much and more in the like case; and every Souldier or Officer at any Court of Guard in any the Parliaments Garrisons? Heare O Heavens, and hearken O Earth, what mad Non-sense new Law and Doctrine this Ignoramus hath published! How many thousands have this Committee and other Committees and Sub-Committees of Parliament summoned to appeare before them, many of them in custody since the Parliament begun; and yet not one of them, (though the veriest malignant Royalist or Anti-parliamentarian breathing) did ever pre­tend or alleage, that this was an infringement of Magna Charta, or invasion of the Subjects Liberties. And all that have read any Parliament Iournalls in either House, know, that in all O [...]ders which appoint Committees or Sub-Committees to examine any businesse, this clause is added, And this Com­mittee hath power to send for Parties, Witnesses, Records, &c. which they pursue accordingly and have done so in all ages. Further, take notice, First, that in matters which concerne the State or Republike meerly, there needs no particular Informer or Relator, but the Iudges and Officers of State ought ex officio to informe and prosecute all publike Delinquents. Secondly, that Iohn Lilburne certainly was the first of any I ever met with that prea­ched, or at least printed such Apocryphall Nonsense Law, for which he pro­duceth no Authority but his owne Ignorance. And if the summoning of men to appeare either in Courts of Iustice, or before Magistrates and Iustices of Peace, should be against Magna Charta, certainly there could never bee any Law or Iustice executed, the summons being ever the first proces and meanes to bring men to appeare before the Officers of Iustice, who are to exa­mine their misdemeanors complained of, and so to informe them of them when they appeare; and if men should know their particular accusers or ac­cusations before their summons, it would be a meanes: First, to make the De­linquents fly or hide away to avoyd the hand of Iustice, if they could pos­sibly make escapes. Secondly, to corrupt the Informers and witnesses that should prosecute, & to smother or ex [...]enuate theeir crimes. Thirdly, to furnish the Delinquent with premeditated answers and evasions, and so introduce a totall subversion or pervertion of Iustice; All which inconveniences a ge­nerall summons, which the Lawes provide and allow of, prevents. In few words, a summons to appeare without an actuall attachment of the person summoned, is no imprisonment, no outing of any man of his freehold, lands, goods, franchises; no sentence passed against him; Therefore clearely, no proceedings at all within the words or intent of Magna Charta or the Peti­tion of Right, as this New Lawyer, out of his deep ignorance, hath most ma­gisterially [Page 19] resolved: being one of those unintelligent Lawyers that St Paul speaks of 1 Tim. 1. 17. Desiring to be Teachers of the Law, understanding nei­ther what they say, nor what they affirme.

These Premises make way for proofe of the second Conclusion: to wit, That the Committees sending for Lilburne in custody, upon new information of the Stationers against him for printing his libellous Answer given in to them, contrary to their expresse Order, with scandalous marginall Notes, and other schismaticall, seditious Papers, contrary to Law, and severall Ordinances of Parliament; is agreeable to Magna Charta, and the Petition of Right, not any wayes repugnant to them.

For the clearing whereof to the very meanest capacy, we must distinguish, between a warrant to apprehend a man in nature of a processe or attach­ment; and the commitment of a man to a prison, goale, or Messenger upon his examination, after an apprehension or attachment. In the first of these, a generall warrant made to a Sheriffe, Constable, Messenger, or any other inferiour Officer, upon a precedent particular information, or vehement suspi­tion, is and ever was reputed just, legall; without expressing the name of the Accuser or particulars of the Accusation in the warrant. For example, If an information be given in to the Lord Maior of London, or to the Chiefe Iustice of England, or any Iustice of Peace, that any particular person hath com­mitted or is suspected to be guilty of such a Murther, Robbery, Treason, Tres­passe, or offended any penal Law, the breach whereof they have power to exa­mine, there is nothing so ordinary in daily practice and experience as to send a warrant to the Sheriffe, Constable, or other under Officer, to apprehend and bring the party accused or suspected before them, to answer such things as shal be objected against him. The like is done daily in all Courts of Iustice upon complaint of Misdemeanours; in and by both Houses of Parliament, their Committees, and Sub-Committees, and hath been done of late in many thousand persons cases, who neither did nor could of right so much as once complain of the breach of Magna Charta. And I appeale to Iohn Lilburn, or any other Officer or Souldier in our Armies, whether the General, Councel of warre, and other Officers doe not every day almost upon complaints send for Souldiers and others in custody, and apprehend them by the Marshall, sometimes by a warrant in writing, sometimes by a meere verball command, without acquainting them before hand with the Accusers name, or his par­ticular accusation, but only in generall termes, to answer such things as are or shall be objected against them? and did ever any Souldier yet complaine that this was tyranny, injustice in their Generall, the Counsell of warre, their Officers, or contrary to Magna Charta, the Petition of Right, and the Liberty of the Subject for which they fight? What ground then hath this clamorous Libeller to raile against the Parliament or Committee of Exa­minations, for sending for him in custody upon a precedent true, just and vi [...]ble complaint, even the printing of these libellous Papers, conttary to their expresse Order, the priviledges of Parliament, and Ordinances against unlicensed printing, which inflict in this case imprisonment by this very [Page 20] Committee, with other penalties upon such offenders? Certainly none at all but only his owne seditious, malignant, venomous rankor against the Par­liaments justice? But certainly if others, yet he of all men had least cause to complaine thus in this case; because though the warrant was to bring him in custody, yet he was not brought thither in custody as other prisoners ate, but only summoned to appeare, and that upon a more particular war­rant then others, expressing in generall termes the cause for which he was sent for; and when he came, he was neither committed to any prison, nor forced to put in Baile, nor deteined in the Messengers custody as a prisoner, but remained with him one night at his free liberty as a friend, and paid no fees nor any thing for his diet and lodging, as the Messenger himselfe will depose. And was this sending for an infringement of Magna Charta, and the Lawes of the Land? Certainly if it were, it was only in his favour, that he was not according to the Law of the Land, Magna Charta, and the severall Ordinances concerning printing, presently committed to some Goale or o­ther for his seditious Libels and Lies, and there detained as he hath been since.

This case of summons and attachment by vertue of a generall warrant being cleare out of Magna Charta and the Petition of Right, the sole question will be; What commitment and imprisonment that is which is against Magna Charta and the Petition of Right? and whether Lilburnes was such a com­mitment? This will best appeare by the very Petition of Right it selfe, and the originall case and votes in Parliament which were the grounds and oc­casion of this Petition: The case was only this.

Divers eminent Gentlemen of the Kingdome, in the third yeare of King Charles, were sent for by Pursevants before the Lords of the Councell, for refusing the loane of moneyes then set on foot, contrary to divers Statutes, and by them committed to severall prisons sundry monthes, without ex­pressing any cause of their commitment in the warrant: And when for their deliverances they brought their Habeas corpus in the Kings Bench, the Iaylors certified no cause of their deliverance or commitment, but only the Kings speciall Command, signified by the Lords of his privy Councell; yet the Iudges would not bayle, but remaunded them to prison; Hereupon in the next Parliament complaint was made, that this imprisonment and detaining of them in prison only upon the Kings bare Command, without any other cause expressed, was against Magna Charta and other Statutes, and the Iudges remanding of them to prison upon such a generall warrant, illegall: And after a long and sound debate of the businesse, it was thus unanimously resolved in the Commons House, 3 April. 4. Car. Regis, and afterwards A Conference had by a Com­mittee o [...] [...]oth Houses con­cerning the Rights and Priviledges of the Subject: 3 April. 4 Car. printed 1642. p. 66. consented to by the Lords.

1. Resolved upon the Question, That no Free-man ought to be detained or kept in prison, or otherwise restrained by the Command of the King, or the Privy Councell, or any other, unlesse some cause of the commitment, detainer, or restraint bee expressed, for which by Law he ought to bee committed, deteined, or re­strained.

2. That the Writ of Habeas corpus may not be delayed, but ought to bee [Page 21] granted to every man that is committed or deteined in prison, or otherwise re­strained, though it be by the Command of the King, the Privy Councell, or any other, he praying the same.

3. That if a Free-man be committed or detained in prison, or otherwise re­strained by the Command of the King and Privy Councell, or any other, no cause of such commitment, detainer, or restraint being expressed, for which by Law he ought to be committed, deteined or restrained, and the same to be returned upon a Habeas Corpus granted for the said party, then he ought to be delivered or bayled.

These Votes and the Lords concurrence with them, begat the Petition of Right after many dayes debate, which thus states the Subjects grievance in this particular. First it recites Magna Charta c. 29. and 28. of Ed. 3. That no Free-man should be taken or imprisoned, without being brought to answer by due processe of Law; and then proceeds thus.

Neverthelesse against the Tenor of the said Statutes, and other the good Laws and Statutes of your Realme to that end provided, divers of your Subjects have of late been imprisoned without any cause shewed: And when for their deli­verance they were brought before your Justices by your Majesties Writs of Habeas corpus, there to undergoe and receive as the Court should order; and their keepers commanded to certifie the causes of their detainer, no cause was certified but that they were detained by your Majesties speciall Command signified by the Lords of your Privy Councell, and yet were returned back to severall prisons, without being charged with any thing to which they might make answer accor­ding to the Law. Whereupon they pray in this Petition, That no Free-man in any such manner as is before mentioned, be imprisoned or detained. To which the King subscribed this Answer, Let Right be done as is desired. Now what is this to Lilburns case? Who was not now committed to prison by the Com­mittee without any cause expressed, but only sent for in custody to come be­fore the Committee (as these Gentlemen were sent for by Pursevants, to come before the Privy Councell) to answer to such things as should be ob­jected against them; which sending for was never so much as once com­plained of in Parliament, as a breach of the Great Charter or Subjects Rights, but admitted to be legall. Had the Parliament or Committee sent Lilburne then to Newgate (without expressing any cause of his commitment in the warrant) and he had brought a Habeas corpus in the Kings Bench to be bayled, as these Gentlemen did, and then no cause of his commitment or detainer had been returned, but only the Committees pleasure, if thereupon hee had been remanded; perchance then he might have had some colour to complaine of injustice and breach of Magna Charta, and the Petition of Right: But the Committee not so much as then proceeding against him so farre as to commit him, but only sending for him in custody, and permitting him to goe at large upon his appearance without baile, only upon his bare word to attend them when he should be summoned, how this can be brought within the compasse of Magna Charta or the Petition of Right, as a breach of both, or either, transcends my understanding, and all other Lawyers but [Page 22] himselfe. I am credibly informed, that this upstart monstrous Lawyer since he was called to the Barre at Newgate, where he now practiseth, hath the Book of Statutes there lying open before him, which he reads and interprets to all the poore ignorant people that visit him, telling them, that he will in a few dayes make them understand the Lawes and Statutes of the Realme as exactly as any Lawyer in the Kingdome; Belike he keeps now his Reading in that Inne of Court, and will be a Serjeant at Law, or a Iudge very shortly, since he hath commenced a Reader of Law in so short a space. But I shall beseech his Readership to resolve this Mootpoint, against what clause of Magna Charta and the Petition of Right his sending for in custody by the Committee of Examinations, is, and what coherence there is in this his Argument?

No man ought to be detained or kept in prison upon a Habeas corpus returned in the Kings Bench, unlesse some legall cause of his com­mitment be returned upon the Writ; because it is contrary to Mag­na Charta, and so resolved in the Petition of Right.

Ergo the Committee of Examinations in sending for John Lilburne in custody to examine him for his printing & divulging Libels (con­trary to the Common, Statute Law, and Ordinances of Parliament) without any commitment of him, or any Habeas corpus brought or returned, is contrary to Magna Charta, and so resolved in the Pe­tition of Right.

When all the wise men of Gotham Colledge can make this argument Sense or Reason, it may passe for Law among the vulgar Separatists, till then it deserves no other censure but this, that it is only John Lilburns Newgate Law.

Yea but he hath something more to say against the Commons House (though not against the Committee of Examinations) in this point; which is contrary, Object. as he conceives (and it is but his conceit, to the true intent of Magna Charta: And what is that? forsooth, he was by the forementioned Vote of the House of Commons on the 19 Iuly 1645. upon Dr Bastwicks Paper only (which the Doctor hath sufficiently clea [...]ed to bee a meere Lye and sland [...]r to defame him) ordered to be forthwith taken into custody by the Serjeant at Armes atten­ding that House, and so kept till the House took further order; by meanes of which Vote he was committed to prison (to his custody only) before he was ever heard speak. This forsooth is the grand breach of Magna Charta, so much de­claimed against in his Letter to a Friend; and since seconded in another most seditious printed paper, entituled, The Copy of a Letter from an Utter Barrister to his speciall friend, concerning Lievtenant Colonell Lilburnes Imprisonment, there justified to be illegall, and against Magna Charta.

I answer and averre, that this Commitment of his by the House of Com­mons was most just, and necessary, if the occasion and ground of it be con­sidered. Answ. Iohn Lilburne had that very day publiquely reported to Indepen­dent Hawkins, and others at Westminster, divers groundlesse, scandalous, malicious Reports, amounting to no lesse then High Treason, concerning Mr Speaker and other members of the House of Commons, in a libellous, illegall, scandalous, seditious way, of purpose to defame, and stirre up the people a­gainst [Page 23] them and the House of Commons, whose destruction by sorce and vio­lence he, or his confederates, had then been plotting, and since pursued in sundry private meetings: which being done without any ground, proofe, or legall way of accusation, the House being informed of it that Evening when they had sate all day, and had no time to examine Lilburne touching it that night, did for this false Rumour spread by him in such sort, contrary to the forementioned Statutes, and the Liberties and Priviledges of Parliament, only Vote, That the Sergeant at Armes belonging to the House, should apprehend and take him into custody, till further order taken by the House for examination of the businesse: Which Order is no judiciall Imprisonment or Commitment con­trary to Magna Charta, or the Petition of Right, but a meere Processe or Attachment to apprehend and bring him to examination. Of which there are thousands of presidents in both Houses in this and former Parliaments, as well in the case of the members themselves when informed or complained against, as of others; and no more then all Courts of Iustice do, and ever have done, before and since Magna Charta, who grant out writs to arrest men up­on Actions of Debt, Trespasse, and the like, before ever they heare the parties; and that which every Magistrate, Iustice of Peace, and Subcommittee daily do without exception, who make out warrants to attatch and bring Delin­quents before them upon meere informations, before ever they heare them speak: For how, I pray, should they heare them speak before they bee sent for? and if no warrant or processe should bee granted by the Houses, Com­mittees, Courts of Iustice; Officers, Iudges, Iustices, against any, till they were first heard speak, then no man ever would or could appeare before them, for this would be to hear men first, and then to summon them that they might be heard, when as they must first be summoned, and then heard, the processe ever necessarily preceding the hearing. See then the sottishnesse and folly of this grand Ignoramus, who complaines of a breach of Magna Charta, only because he was not heard in the House, before they voted him to be apprehen­ded and sent for by the House, which had no cause to send for him to hear him speak, if he had bin heard before he was sent for: he might have as justly com­plained against his own mother that she did not heare him cry before he was born, or against his father, for not binding him an Apprentice in London before he sent him up thither that he might be bound, as against the Parliament, for not hearing him speak before they voted him to be sent for or attached by the Sergeant at Armes. Pri [...]hee, Iohn Lilburn, to use but thy own instances; did ever Straford or the Archbishop of Canterbury complaine of the breach of Magna Charta, because they were accused by the Commons of High Treason and committed upon their Accusation, before ever they acquainted them with th [...]ir Charge or heard them speak? Or if Newgate examples like thee better, did ever any Horse-stealer, Theefe, or Felon in Newgate, complain that Mag­na Charta was violated, the Petition of Right infringed because he was appre­hended by a Constable by warrant from the Iustice, before ever hee was brought before him, or he heard him speak, or because he was not arraigned at the Barre, and there heard and tried before he was indited? Silly Iohn if [Page 28] this be all thy Law, and Reason, there is no man in his right senses, but will judge thee fitter for Bedlam then Newgate, and think thy overmuch Learning in the Law hath made thee madde or lunatick. And if the Sergeants keeping thee in his custody, till the House or Committee had leisure to examine and heare thee speak for thy selfe, be a breach of Magna Charta, and the Petition of Right, then Straford, Canterbury, might as justly have complained of this injustice as thee, for that they were detained prisoners till they were brought unto their Trials to prevent escapes; and all thy fellow prisoners in Newgate, may as justly complain for being there detained till their trials. Wherefore Iohn, if I may advise thee as thy old Friend and Councell, never meddle any more with matters concerning Law, untill thou hast studied thy selfe and it a little better, especially so farre as to cast durt with it into the Parliaments face, and charge them with injustice, tyranny, or proceeding against Law and Magna Charta; their imprisonment of thee in this nature upon this occasion, being by the lawfull judgement of thy peeres, and by the Law of the Land, as well as by the Law and Custome of Parliament, which neither is nor ought to be alwayes bounded by Magna Charta, espe­cially in extraordinary cases (as we see by sundry particulars in these extra­ordinary times of warre and danger) having power to repeal old Lawes, to enact new ones if they see occasion, and to inflict new punishments upon new crimes and offences, not heard of in former ages: of which nature thy Libels and Invectives against them seem to be, though the Parliament and Commit­tee in their proceedings against thee and them, have gone on in the old way of Law and justice in all particulars; to the last of which I shall next proceed.

And that is, to prove in the third place, That the Committee of Examina­tions examination of thee by order of the House, concerning thy false Re­ports of Mr Speaker and other members, and thy printed Libell against the Parliament and them, entituled, A Copy of a Letter to a friend, and their com­mitment of thee to Newgate for refusing to be examined, and the House of Commons Vote in prosecution of it, were legall, and just; agreeable, not contrary to Magna Charta and the Petition of Right.

Had Poore Iohn but Law enough to qualify him to be the meanest Iustice of Peace his Clark, or some Recorders, or Clark of the Assizes his Clarkes Clark, he might have known, that by the Law of the Land, every Iustice of Peace every day doth, may and ought to examine every Traytor and Felon that is brought before him, concerning the Treasons and Felonies that are layd to their charge; that those examinations so taken usually are and ought to be returned to the Assizes, Sessions, and there openly read and given in evidencé many times against them to the Iury, even in these capitall causes; And if they refuse to be examined, it is held a contempt against Law and the ordinary course of justice: and when they are indited, arraigned at the Bar, the Iudges and Iustices demand of them when the inditement is read, Whether they are guilty or not guilty? and if they refuse to answer, and put themselves upon the trial of the Country, the law of the Land deemes it such an high contempt against justice, that presently, without further triall or evidence of their guil­tinesse, [Page 25] they are for this their obstinacy and contumacy See Brookes Abridgment, ti [...]. Paine and Pe­nance. adjudged to be prest to death in the most painful manner, far worse then any hanging; because their contempt in not answering, is in Law a greater offence then that for which they stand indited; as obstinacy in any sinne is worse then the sinne it selfe. And in case they answer, not guilty, and so come unto their legall triall, the Iudge, Iustices, and Iury somtimes, doc usually strictly examine and interro­gate them again (as well as the witnesses) touching the particular Treasons, and Felonies whereof they stand indited, and oft times when witnesses fayl or prove short, finde them guilty, and hang them by their own examinations and confessions at the Barre, or at their apprehension. If then Iudges and Iustices may proceed thus to examine Traytors and Felons themselves, in their own cases in capital crimes which concern their very lives and estates, without violating Magna Charta or any other Law; may not the House of Com­mons then much more appoint the Committee of Examinations to interro­gate Lilburn concerning his See p. 6, 7, 8. forementioned speeches and Letter, without any infringement of Magna Charta or the Subjects Liberty, which protect no man against such legall examinations? There was never any Traytor or o­ther grand Delinquent, to my knowledge, committed by the Parliament, Privy Councell, or others, to the Tower or any other prison, but was once at least, if not twice or thrice examined, concerning the Treasons and offences for which they stood committed: How m [...]y members of both Houses in form [...] Parliaments, and in this especially (which hath stood most of any for the Subjects Liberties and Priviledges of Parliament) have beene thus examined in their own cases? yet never any of them at any time refused to be examined, or ever esteemed it a breach of Magna Charta, or a thing against the Subjects Liberty? I dare say, the Committee of Examinations have examined above five thousand persons of all sorts, sexes, degrees, before them in cases which concern themselves, and yet never met with any that re­fused to be examined, or that pleaded Magna Charta against it, till Lawlesse John Lilburn (or some of his Disciples) came to be examined before them; who when he was sent for before this very Committee about his first printed Let­ter to my selfe, had not learned so much Law as he hath gained since, for he then submitted to an examination, wherein he confessed both the writing and printing of that Letter; and for this his conformity was not then committed, but suffered to goe at large, till the matter should bee reported to the House. Not to spend more time, or cite presidents in so plaine a case; the two grand Irish Rebels, Mac-Guire and Mac-Mohon, were upon their apprehensions in Ireland, examined touching that late horrid Treason and Rebellion there, of which they were chiefe contrivers; and being sent for over hither by the Parliament, were severall times examined by Order of the Houses, both by the Chiefe-Iustice and others; and by their own examinations thus taken, (being the principall evidence against them) condemned and executed at Ty­burn, according to their just demerits, never pleading nor pretending, that their examinations & the proceedings against them were against Magna Charta. If Io. Lilburn then and all others cannot but subscribe to all the premises, he must [Page 26] then recant his false mistaken Law in this particular, as well as in the former.

This poore Ignoramus hath nothing to object against this, but that to be ex­amined upon Interrogatories concerning our selves, as we were in the Starchamber and High-Commission, is against the Law of Nature, and that which caused this Parliament to suppresse those Courts, and to vote his own sentence there il­legall, unjust, arbitrary, against the subjects Liberty; and yet now they walk in the very same steps, and build up that again which by that Ʋote they formerly destroyed. So he dogmatizeth in page 15 of his Letter.

Take then an answer to it in few words; 1 It is neither against the Law of Nature, nor of the Land, nor Magna Charta, nor the Petition of Right, for a man to be examined against himself upon interrogatories (as all the premises suffici­ently manifest) no not in cases of Treason, Felony, nor in any other case; nor yet against the Law of God, for then Ioshua had never thus examined Achan in a case where his confession cost him his life, Iosh. 7. 14. 15. 19, to 26. nor Peter, Ananias and Saphyra, wherein their Lie lost their lives, Acts 5. 1. to 11. In­deed in capitall, and some other meere criminall causes, a man by our Lawes ought not to be examined upon his oath against himselfe, nor yet in case of Illegall Loanes, the only thing complained of and provided against by the Petition of Right; but without oath men are and may be thus examined a­gainst themselves, by the rules and constant practise of our Law, and in some criminall causes upon oath to.

2 The examination of men upon their oathes in Starchamber, was held lawfull, and used there above an hundred yeares without dispute; neither did this Parliament ever judge such examinations against Law, or pull down that Court for them; nor yet in your own case so vote or adjudge: But that which they voted against, and that for which they suppressed this Court, was the bloodinesse and exorbitancy of their Censures, Fines, for small or no of­fences; for making that criminall which was legall; that a great offence, which was neither a fault, nor crime, and making that Court as an Engine to un­dermine all our Lawes and Liberties by degrees; and bringing those into it (as Sheriffs, Iustices, and others) who refused to levy or pay Ship­money, or opposed any Oppressions, Monopolies, unlawfull Taxes, Projects, Impositions, Innovations, or Arbitrary proceedings in State or Church; or maintained the just Rights, Lawes, and Liberties of the Subjects against them. And the High Commission was voted down on the like grounds, but not principally for the Oath ex Officio, which was condemned in them not so much because it was unlawfull for any man to accuse himselfe, or be ex­amined in his own cause, with, or without an oath (for then the Chancery, Exchequer, and Court of Wards, where men are to answer and are examined upon oath against themselves, should have been suppressed as well as it;) but upon two other reasons. 1. Because men were there forced to take this Oath before sight of their Articles, and so sworn to answer criminally to what they knew not when they took the Oath, so as they could not sweare in judge­ment. 2. Because the High-Commissioners had no power given them by the Statute of 1 Eliz. c. 1. or any other Law, to administer any such Oath.

[Page 27] 3 Sundry Acts of Parliament have prescribed Oathes, to be given to men in their own cases in sundry particulars, as the Statutes in the 5 R. 2. c. 13. 8 H. 6. c. 7. 14. H. 8. c. 5. 3 Iac. c. 4. 5. 1 Iac. c. 15. 21 Iac. c. 19. Margin will in­form you. Therfore they are not simply against Law; but yet the Committee of Examinations examined not Lilburne upon Oath against himselfe, and they had a speciall Order from the House to examine him without Oath, which they might justly do, & daily practise in case of Delinquency, in other mens cases; therfore his insolent contemptuous refusall to be thus examined by them, was a most high insufferable contumacy against the Committee, Par­liament, their Power and Priviledges, for which he was most justly com­mitted See p. 7. 8. to Newgate, as the House hath unanimously voted; and that accor­ding to the rules of Law, Magna Charta, and the Petition of Right, the par­ticular causes of his imprisonment being expressed in the forcited warrant by which he was committed to Newgate.

By all which it is most evident, that both the Committees and Parlia­ments proceedings against this obstinate Libeller and Lyar, have beene in every circumstance and punctilio, agreeable to the constant practice, rules, proceedings of Law and Iustice, yea warranted by Magna Charta and the Petition of Right, and no wayes repugnant to them in any particular whatso­ever. Therefore Lilburnes seditious railing Invectives against them, both in his printed Libels, and his ordinary Discourses, with the late most seditious printed Paper, entituled, A Copy of a Letter from an Ʋtter Barrister to his speciall Friend, concerning Lievtenant Colonell Lilburnes imprisonment, de­claiming against his commitment as illegall, and advising him to appeale to the People for right against the Parliament concerning his restraint, as to the supream Power, &c. are but meer malicious, scandalous Libels and Firebrands of sedition, to excite the ignorant vulgar, and Separatists of his Faction a­gainst the Parliament; and promote some Anabaptists long agitated and late detected Conspiracy, to root out the Members of this Parliament by degrees, beginning with Mr Speaker, whom if they could cut off, all the rest would easily follow: and if this succeeded not, then to suppresse and cut off this Parliament by force of Arms, and set up a new Parliament of their own choyce and Faction; to which Conspiracy all Lilburnes mutinous Papers, the Arraign­ment of Persecution, A sacred Synodall Decretall, Martins Eccho, with other seditious Pamphlets mentioned in my Fresh Discovery of new prodigious lights and Firebrands, and two new printed Pamphlets since; the one entituled, Englands misery and remedy, in a Iudicious Letter from an Ʋtter Barrister to his speciall Friend, concerning Lievetenant Colonell Lilburnes imprisonment in Newgate; and another Paper begining thus; In the 115 page, &c. were but so many preparatives and incentives to prepare the people to joyne with, and assist them in this damnable Traytorly Plot.

Having thus farre vindicated the Parliaments and Committees Iustice and legality in their proceedings against Lilburnes Notorious Calumnies, Lyes, and mistaken law, I should in the next place have vindicated Mr Speaker, with the rest of the Members of the Commons House, from those groundlesse lyes and slanders he reported of them, for which he was first apprehended by [Page 28] Vote of the House. But because this matter hath been fully fifted to the bot­tom by the Committee of Examinations, and from thence reported to the House, which hath by solemne Votes acquitted Mr Speaker, the other Mem­bers, and Sir Iohn Lenthall, from the groundlesse slanderous reports concern­ing them, I shall only here insert the Votes, and so passe it over.

Die Lunae 15 Septembris 1645.

UPon Mr Whittacres Report of the whole state of the Proceedings before the Committee of Examinations, concerning Mr Speaker and Sir Iohn Lenthall, it is

Resolved &c.

That the House doth agree with the Committee, that there is no co­lour of proofe appearing of Mr Speakers sending of 60000. l. or any summe of money to Oxford, or consenting thereunto.

Resolved &c.

That this House doth agree with the Committee, that there is no co­lour of proofe appearing of Mr Speaker, or any Member of the House, holding any correspondency with Oxford.

Resolved &c.

That this House doth agree with the Committee, that it was a breach of Priviledge of Parliament in the Committees of Surry and Salters Hall, to enter upon any examination touching Mr Speaker or any Member of this House.

Resolved &c.

That there is not any colour of proofe of 60000. l. or any money at all sent by Sir Iohn Lenthall to Oxford, or that he was privy to any money sent or received to that purpose.

Resolved &c.

That there is not any proofe against Sir Iohn Lenthall of hol­ding any correspondency with Oxford, by Letter, Message or any other way.

[Page 29] Resolved &c.

That this Complaint hath beene raised and prosecuted without any ground at all, falsly, maliciously, and scandalously.

Resolved &c.

That William Pendred, Edward Ienkes and Hannah his wife, Iames Freeze, and Stephen Pratt, have beene principall instiga­tors and prosecutors of these proceedings, and deserve severe and exemplary punishment.

  • Mr Selden
  • Mr Grimstone
  • Mr Recorder
  • Mr Sandys
  • Mr Whitlock
  • Mr Lesse
  • Sir Tho. Widdrington
  • Serjeant Wylde.

This Committee or any three of them, is appointed to con­sider what exemplary punishment is fit to be inflicted upon the malicious Instigators and Prosecutors of these Proceedings named in the Votes aforesaid, and that they doe bring in their Report by Thursday morning next peremptorily; And are to meet when and where they please.

Copia vera.
H. Elsynge Cler. Parl. D. Com.

I could willingly here cast Anchor, and rake no further into Lilburnes dunghill and Legend of lies; pretermitting all his scurrilous Invectives and slanderous falshoods against my selfe, as not worth my taking notice, or any Animadversions on them; but because I know the Naturall Disposi­tion of this Libeller, and his perverse Generation of seduced Disciples, that they would judge me guilty of all the false Aspersions he hath cast upon me in his Libells, if I should only vindicate the Parliament and its Mem­bers, not my selfe; and so cannot, without betraying mine owne Inno­cency and Reputation, pretermit or passe them by in silence; I shall crave so much liberty and patience from the Reader, as to wipe off the dirt and lying Calumnies which hee hath most injuriously cast into my face, to wound and blast my credit and integrity with all of his owne Schismaticall Tribe, and others to, as much as in him lies, though unable to effect it.

In his Copy of a Letter to a Friend, pag. 12. he begins his railing scanda­lous Lyes against my selfe, in stead of recanting those in his former Letter and Answer to the Committee; and because I am a Lawyer he hath mustered [Page 30] up no lesse then a whole Iury of notorious Lyes and Slanders against me, which I shall relate and answer in their order.

1. The first is, That Mr Prynne writ Books, and the Parliament licensed them, wherein he presseth to have all those destroyed and cut in pieces, which he styled Independents, for all the good services that they had done the Kingdome, and by his unsufferable slanders, wicked bloody, and un-English mans provoca­tions, having written Books AGAINST ME and my harmlesse Bre­thren, tending causlesly to our utter ruine and destruction. Certainly this is a Lye for the whetstone; let him shew any such thing in any of my writings, as he relates (confessed to be licensed by the Parliament for their greater ho­nour and Authenticknesse) which I am certaine he can never doe, though he writes, Poore I being almost overwhelmed in my spirit at the perusall of them &c. writ to him an Epistle in one sheet; or any Books writ by me against him­selfe; or else be for ever branded for a Lyar in the highest degree.

2. The second; That I did most lyingly, just William Prynne like, affirme before the Committee of Examinations, that his Letter was sent to the Presse and published in print, before ever I read or perused it: which verily is most false (mark his reason) for it was delivered him three or foure dayes, before it was printed. I answer, admit this latter clause true, touching the delivery of his Letter to me, yet doth it follow thereupon, that I did presently read and peruse it as soone as it was delivered? or can this false Accuser produce any one witnesse or circumstance to prove, I did ever read or peruse it before it was printed by his appointment? Surely no, I had at that time other publike pressing occasions lying on my hands, of greater importance then the perusall of his libellous Letter, which retarded me from any serious perusall or reading it over, till I saw it in print. This I affirmed for truth to the Committee, and will still maintaine, whatever Iohn Lilburne (to use his own language) most lyingly, just like himselfe, affirmes to the contrary.

3. The third, That Mr Prynne was then ashmed of this his false informa­tion before the Committee, and durst not goe on to abide the proofe of it, but put it off with sophisticall tricks: And also Ergo he was heard before the Commit­tee, and knew his Accusation and Accuser by his owne con­ [...]ssion. before the Committee at the next time, to his face, I chalenged him hand to hand, to dispute upon any one proposition he would pitch upon in the whole Letter, and referre my selfe to the Committee them­selves to be Iudges, and would stand to their Iudgement, but the paultry Simpleton declined it. All this is a most palpable paultry Lye, and not one syllable of it true, as both the Chaire man and Committee will attest; he being then and there questioned, not for writing to, or libelling against Mr Prynne, but for printing this Letter without license, contrary to Ordinances of Parliament, and for libelling therein against the Assembly, the Ordinances and Proceedings of Parliament, and charging the Parliament it selfe (most falsly and sedi­tiously) with breach of their Covenant: Whereupon he was by speciall Order of the Commons House forementioned, convented before the Committee of Examinations for those offences only, not for any thing relating to Mr Pryn, nor for any Proposition in his Letter. And wheras he vaunts, that he chalenged Mr Prynne to dispute with him before the Committee upon any Proposition [Page 31] in his Letter, and make the Committee themselves Iudges, it is a meere vain­glorious Lye, without any shadow of truth; serving only to discover his pride and insolency to the world, such a chalenge (if true) being no wayes seemly or sufferable before such a Committee: And had any such beene made, Mr Pryn could with ease have proved him as great an Ignoramus in his Divinity, as he hath here manifested him to be in his Law; and have informed him, he might have done well to wave such a chalenge, his Propositions having been long before that answered, refuted publickly in print by another hand, to which this Simpleton never yet durst adventure to returne the least Reply.

4. The fourth; That Mr Prynne (it seems) was the man that got Iustice Whitaker to commit him to custody about the 14 of May, before either hee knew his accuser or accusation. This is but his owne seeming conjecture, a scandall to Mr Whitaker and the Committee, who saw cause sufficient upon the very Order of the House, the examination of the libellous Passages in his Letter against the Assembly and Parliament, and his contemptuous unlicensed printing of his Answer given unto them in writing, contrary to sundry Or­dinances of Parliament, and the Stationers complaints against him, to send for him by a Messenger then, and since that to commit him to Newgate, for printing his last scandalous, scurrilous, and most seditious Letter; and that without any infringement of Magna Charta, or the Subjects Liberties, which never authorised John Lilburne, nor any other person, to print Lyes and Libels against the whole Parliament, Speaker, Particular Members of both Houses, or other persons of Quality, which by the Statutes of Westminster 2. c. 33. 2 R. 3. c. 5. 12 R. 2. c. 5. and other Acts, is not only punishable by im­prisonment, See Cook. 5. Rep. f. 125. &c. 9. f. 59. b. fine, and other corporall censures, but in some cases with death.

5. The fifth is p. 20. That surely the man (Mr Prynne) is out of his wits, (for discovering, publishing his and his Confederates grosse Lyes, Li­bels, and Slanders against the Parliament and Assembly, to the world in his last Book) whereas all that read his Letters, their Libels, and Mr Prynnes said Book, will rather deeme himselfe and them out of their wits, then Mr Prynne, who was then, and yet, God be thanked, known to be in his right senses by all but Bedlam Iohn Lilburne.

6. The sixth is conteined in the same page, where he honours me with this worshipfull Epithite, and language, Will. Pryn the Lawyer, but rather the grand Lyar; (and why so?) because he it told by Captaine Hobson a Taylor, and Captaine Beamond an Apothecary, (two Anabaptisticall Lay-preachers, committed for preaching about Newport Pannell, contrary to an Ordinance of Parliament) that the maine things charged against them by Sir Samuel Luke, are only proved by one witnesse, (who as they have informed him, is as base and vile as a man can be) and contradicted by some foure or five of Sir Samuel Lukes owne witnesses &c. Certainly some Members of the Com­mittee and Commons House, who then heard, and have since read the Exa­minations of Sir Samuels witnesses, to the shame of these unsufferable GRAND LYARS, will avow, that all the Charges against them are not only confirmed and made good by Sir Samuel Lukes owne testimony, [Page 32] a person of Honour, but likewise punctually proved, attested by three or foure witnesses at least (whose depositions I my self have perused in the origi­nall Book) of farre better credit, quality, and reputation then the parties accused; and that they all unanimously concurre, without the least contra­diction, proving much more against them then Mr Prynne relates of them; And therfore Iohn Lilburn (to use his own language) here shews himselfe once more a Grand Lyar, in giving such unseemly speeches to Mr Prynne, for relating nought but truth; and defaming, traducing the witnesses produced by Sir Samuel (whose persons, conditions he knowes not) in so grosse a manner, upon the Delinquents own bare false reports.

7. The seventh, That Mr Prynne hath published to the world abundance of lyes and slanders, not only against these Lay-preachers, but also against Ho­nourable Sir Thomas Fairfax, and Honourable Cromwell, and divers other chiefe Officers in the Army, to whom the whole Kingdome owes so much honour and respect, for all their faithfulnesse and good service done them: which (writes he) is so insufferable, unwarrantable, unjust, and abusive as I think was never done by any to the Parliament since they sate, besides Mr Prynne: And I am consident, if I had done as much as he hath in that Book (he meanes, my Fresh Discovery) and had beene such a firebrand, as there he is, I should hardly escape Tiburne.

O the intollerable Impudency of this Scribler, whose lines are as full of lyes as a Dog of fleas! In my Epistle to the Parliament before my Fresh Discovery, I occasionally related; That two Captain Pr [...]achers. Hobson and Beamond, apprehended by Sir Samuel Luke for bre [...]ch of an O [...]dina [...]ce of Parliament against Lay-Preachers, did among other their lavash speeches, MOST FALSLY AND SEDITIOUSLY AFFIRME; That the Generall and all the Colonels in the Army were deeply engaged in their designe of preaching &c. of purpose to vindicate the Honourable Victorious Generall and his Noble Colonels from this very notorious false slander most untruly cast upon them by these slanderers. For doing them this right and honour, I am thus most scandalously charged by Lilburne, with publishing lyes and slanders against them, with being a firebrand, and deserving Tyburne; who on the contrary justifies and pleades for these slanderous Delinquents in three whole pages, and thereby slanders both the Generall and Officers in the highest degree, whose Innocency I have vindicated from their misreports. Certainly, all Lilburnes friends, who have any spark of Truth or Christia­nity in their breasts, will for ever execrate and renounce such an abomina­ble impudent slanderer as this, who dares affirme such grosse untruthes, even in print; and I wish his publike penitence for all his premised slanders may be such as none may ever conclude in his owne termes; that since he hath beene a farre greater Firebrand in his last printed libellous Letters, then Mr Prynne appeares to be in his Fresh Discovery, he will hardly escape Tiburn, if justly prosecuted for and censured according to his misdemeanors.

8. The eighth is, That in page 22. hee promiseth hereafter at some other time to anatomize Will Prynnes lyes and fooleries, and destructive practises [Page 33] to the Common-wealth in supporting Sir Phillip Cartwright, the Malignant go­vernour of Iersey, who by his meanes alone hath been as great an instrument of the support of the King, and of his unjust wars, as any hath been in England.

It seemes this Libeller for want of present matter intends to forge and publish some new lies and forgeries of me for the future, which I shall as easily wipe off, as those already charged on me: As for my supposed destructive practises to the Common-wealth in supporting Sir Philip Cartwright (he should say Carteret, a man he never knew) I shall give a brief account thereof because it most concerns the State to be truly informed of it, and of the losse of Jersey.

It is very well known to the world, what extraordinary favours and respect I received from Sir Philip Carteret and his Lady during my three yeares close imprisonment, and exile in Iersey, when all my kindred and friends, by spe­ciall order from the Lords were debarred any accesse unto me; and none of my friends in England durst publikely to own me; and that my brother Burton (then close prisoner in Garnsey Castle) did by his interest in the Governour there, at my request, procure him more liberty, respect, and better Accommodations then all his other friends could obtain for him. In respect of which obligations, I should have manifested my self a Monster of ingratitude, had I not contributed my best assistance to support Sir Philips innocency, honour, and reputation, a­gainst the malicious and injurious Accusations, Aspersions of his inveterate back­biting Enemies, who endeavoured only to defame, and out him of his Offices of trust, that themselves might step into them. Among these his Adversaries, one Bandinell an Italian, Dean of Iersey (who first introduced Episcopall Government, and Iurisdiction into that Island) a man of a very lewd and wicked life, and a crafty Machivilian was the chiefe; who came purposely over into England, to procure a Benefice in Iersey for a distracted son of his, and to complain to the Archbishop of Canterbury against Sir Philip, for his courtesies and kindenesse unto me, as the readiest means to obtain his desires; but instead thereof, this Par­liament being assembled before his arrivall here, and the Archbishop questioned, he met with Articles of complaint against himself, for severall grosse misdemea­nors and oppressions done by him in that Isle as Dean, for which he was com­mitted by the Commons House for two or three moneths to the Serjeants custo­dy; after which he confederating with one Monsieur Samyres of Iersey, who was justly questioned by Sir Philip for an astront against him as Deputy Gover­nour, in laying down his Captains staffe, and command in the open field, be­cause he could not have his will in disposing of the Lieutenants place in his band to a person altogether unfit, whom the whole company disliked; they first of all secretly contrived divers false and scandalous Articles against Sir Philip to the Parliament, without any name subscribed to them, and inclosed them in a Letter, desiring any wel-affected person, who should take them, to present them to the house of Parliament, left them upon the Stocks at London, where being found by one who passed that way, they were presented to some Members of the House, who gave Sir Philip notice thereof: Not long after, this Deane and Sa­myres drew up a large paper of Articles (the very same in substance, and for the most part in words with the former) and delivered some Copies of them to [Page 34] sundry Members of both Houses, but were not forwards to presse them to be read, that so they might slander Sir Philip in the opinion of those Members by this un­derhand dealing to stay his return to Iersey, and he be disabled to clear his inno­cency; which Sir Philip hearing of, procured these Articles (which they left in the Earl of Stamfords hands) to be read in the Lords House, and so mooved his adversaries to make them good if they could, that so he might clear himself from their false Accusations ere his departure from hence, and not be slandered in his absence: Whereupon at Sir Philips sollicitation only, not theirs, a day of hea­ring was appointed before a Committee of Lords in the Lords House, whereat I was present: The Dean and Samyres being called in, they were demanded first, whether they had any deputation, or Cōmission from all the Islanders, or any con­siderable part of them to exhibite these Articles against Sir Philip, they being in­tituled, Articles exhibited by the Inhabitants of the Isle of Iersey against Sir Philip Carteret, and complaining for the most part only of generall grievances to the Island: They answered, they had no deputation from the States or Inhabi­tants of the Island to exhibite those articles, but they doubted not but they would justifie and allow what they had done; Whereupon Sir Philip produced a De­putation from the three Estates of that Island made in their generall Assembly under their common Seal, deputing & intrusting him for their Agent to the Parlia­ment, to inform them of some publick grievances of which they desired redresse, and crave some confirmation and enlargement of their priviledges; which De­putation certainly they would never have made to him, had himself been the chief and only publick grievance, as the Articles imported, and such an enemy to their common good as was suggested. Whereupon the Lords were ful­ly satisfied, the accusers silenced & reproved by the Lords for abusing them & the Islanders, in presenting a Petition in their names without their privity and Com­mission, against a person of honour deputed by them to the Parliament and state. After which, they demanded of them severally, what they could object or prove against Sir Philip, who answered that they could prove nothing for the present, since all their witnesses were in Iersey, and that they could attest little of their own knowledge; only Samyres complained, that Sir Philip had put him from his Captains place, and ordered him to answer his contempt in England in refu­sing to take it up again; whereupon Sir Philip answered, that he had volunta­rily laid it down in contempt, for which he had power to Fine and commit him; but in regard he was his kinsman, and one of a weak estate, he only gave him an admonition, and used him with all kindnesse and civility: which Samyres could not deny, on whose part the businesse appeared so foul, that they told Sir Philip, because he did not committ him for his contempt then, they would com­mit him now, and the Dean too, for their malicious libellous Articles, which they could not prove, nor say any thing to of their own knowledge; But by Sir Philips importunity and request, their commitment was taken off: Soon after which, Sir Philip was setled Deputy Governour of that Isle by order and appro­bation of both Houses, and ordered to put it in a posture of defence against the French; whereupon he returned to Iersey, and I departed into the Country; of which his malicious prosecutors taking advantage, caused their false and scan­scandalous [Page 35] Articles to be secretly Printed at their own charge, and dispersed in­to divers Parliament mens hands and others about London, and then carried the re­sidue of them into Iersey, where they translated them into French, and dis­persed them among their Acquaintance and the people, as if they had been Prin­ted by the Parliaments Authority, and made good before them, of purpose to raise a Faction against Sir Philip, for which being there judicially questioned and Indicted, they thereupon appealed to the Parliament, pretending their Ar­ticles were there depending; to take off which prosecution, upon some mis-in­formation of theirs against Sir Philip to the close Committee, they procured a Warrant to send for him over into England as a Prisoner, to answer to some charges against him, contained in the former Articles.

Whereupon Sir Philip writ a Letter to the Committee, acquainting them with the former malice of his enemies; his discharge of these Accusations on a hear­ing before the Lords, the cost and danger of his journy thence, the inconvenience to the state of his present deserting the Island, desiring that till some offence were really proved against him, he might not thus bevexed upon a meer suggestion being a person of quality having so great a trust, and setled there by a late spe­ciall Order of both Houses, offering to give Bond or any other security to the Parliament, to answer any charge that his prosecutors should either in England, or by a Commission in Iersey be able to prove against him; so as they on the other side might enter into Bond to answer him dammages, in case he should clear him­self from all their accusations, of which he made no doubt; Whereupon the Committee were fully satisfied, but not the prosecutors malice; For one Maxi­milian Messervy and his brother, who during my imprisonment in Iersey were accused for Coyning, and venting counterfeit Coyne of all sorts, both Gold and silver; and (Maximilian being imprisoned for his crime divers months, the melting pot, Mould, Mettles, sophisticated with some false Silver and Gold being found in his study, which I my self there saw, besides sundry single and double false Pistols, which he vented unto others, for which offence he had been executed, had not he obtained a speciall pardon from the King, by Sir Philips and Captain Carterets means) falling about this time to their old trade of Coyning false gold, and venting some of it both in Normandy and the Island; Sir Philip upon complaint and proof thereof, sent out Warrants and Officers to apprehend them, and made Proclamation (there usuall) that none should convey them out of the Island; notwithstanding, they both escaped thence in the night in a small boat, and fled into France, and not long after into Eng­land: Sir Philip upon their flight, before their arrivall here, writ a Letter to my self, informing me of the particulars of the offence and proof against them, cra­ving my advise how to proceed now they were sled from thence, and how to punish him that transported them contrary to his Proclamation; to which I re­turned an Answer. Upon these Coyners arrivall at London, they siding with Sir Philips opposites, complained of great injuries he had done them for their good affection to the Parliament, and pretended they could ptove great matters a­gainst him concerning the State, if they could but procure a Warrant to appre­hend and bring him over prisoner; and by the help of some friends they made [Page 36] here, and their false insinuations they procured a Warrant from the close Com­mittee, for these two Coyners to go unto Iersey and apprehend Sir Philip, and bring him over Prisoner to the Parliament, which Warrant was signed and de­livered to Ma [...]ian: Of which I casually having information, and know­ing what cr [...]es they were guilty of, and that Maximillian was as very a villain, & cunning [...]heater as breathed (having formerly cheated divers of my friends, & my [...]) did according to my bounden duty, and the care I had of the Parlia­ments honour, acquaint some of the Committee with this grosse abuse, and the qualities of tho [...] persons, informing them, what an extraordinary scandall and dishonour it would be to the Parliament, and what cause of clamours and just exceptions it would give to the Kings Malignant party to exclaim against them, if they upon the information of those false Coyners, who were Traitors by Law, and had relapsed into this offence after a Pardon, and now fled from thence to escape the hands of Iustice, should thus be sent over thither by the Parliaments Authority as their Agents, to apprehend Sir Philip, the Governour, a man of ho­nour and credit, (who had formerly saved them from the Gallows, and did now but his duty in prosecuting them, and craved my advice therein before their ar­rivall here) and bring him prisoner over hither, who had just cause to appre­hend and hang them there: That this would be such an Act of indiscretion and injustice, as would open the mouthes of all the world against them, and alienate the heart of Sir Philip, the whole Island and all good men from them: And thereupon I desired them to take some course to call in their Warrant, which they thought very just, and desired my assistance therein; whereupon, I im­ployed one to finde out their lodgings, which he did at last, informing me with­all, that they were full of money, and that Maximilian had offered a small In­got of gold to sell; whereupon I conceiving they had here set up their Coyning trade for which they fled from Jersey, procured a Warrant from Iustice Hooker to apprehend their persons, and search their lodgings for suspition of Coyning, which was delivered to one Master Stone a Constable in Saint Clements; who coming early in the morning to their lodging, and standing at their Chamber door, heard them telling mony on the Table, which he conceived to amount to five or six pounds at least by the noise it made, after which he knocking at the door and demanding them to open it, they suspecting by his words and carriage he was some Officer, refused to do it, stood upon their guard, and Maximillian offered to escape forth out of a Garret window, and after that at a back door; but at last they were both apprehended and searched, but no mo­ney could be found about them, except three or four pieces of French and Spanish Coyn, not amounting to above five or six shillings: But in Maximili­ans Trunk there was found a plate and mould to coyne with, which himself bespoke about a month before of a Smith neer Charing Crosse, bringing him the pattern in paper, pretending it was an instrument, which he must use in the Army, wherein he pretended he was to be a Trooper; together with powder to cast gold and silver mettle in, and Alchimy Salts to colour their false silver with; & in the chamber over theirs, there was found about a pound or two of their false mettle (hid under the mats in a corner) some in the lump not sophisticated, some [Page 37] in small pieces newly melted, and so cunningly sophisticated with Alchimy in­gredients, that it shewed like silver, and would indure the Test; insomuch, that the Goldsmiths themselves could not discern whether it was sophisticated or not, till Sir John Wollastons servants melted it down; and then there was not one grain of silver in it, being the most artificiall counterfeiting of silver without any mixture of it, that they ever saw. Vpon these pregnant evidences of their guiltinesse of coyning false money here, seconded with their reall guilt of it in Iersey, whence they so lately fled: They were examined by Iustice Shep­herd: where Maximillian confessing his having the Ingot of gold, which he ten­dred to sale, and being examined what he had done therewith; First, he said he had given it away, but to whom he knew not: then, that he had exchanged it for some Commodities he wanted, but when, where, and with whom he ex­changed it he knew not; afterwards he said, he had delivered it to a Master of a Ship, and being taken tardy in that; his last envasion was, that he had sent it to Saint Mal [...]es in France: Vpon all these circumstances they were both com­mitted Prisoners to the Gate-house, there being nothing wanting fully to con­vict them, but only some of their false Coyne, which they conveyed away in such sort that no piece of it could be found, though the Constable heard them telling it, as he conceived. After which they were examined by Sir Robert Harles Ma­ster of the Mint, who took away the Warrant they had from the close Com­mittee, to apprehend Sir Philip, which Maximillian carried about him in a little box: Not long after this, these two Coyners lying prisoners in the Gate-house, procured some Iersey Anabaptists, and other of Sir Philips adversaries, to informe some Members of the House of Commons, that these two Coyners were very honest men, who came purposely from Iersey to complain of Sir Phi­lip to the Parliament for his Malignity and great oppressions, and that by a meer plot and combination of some Malignants and friends of Sir Philips; their lod­gings were searched, and they committed by Iustice Hooker and Iustice Shepherd to the Gate-house, of purpose to take them off from prosecuting Sir Philip who was a great Royalist, and notorious Enemy to the Parliament, and would keep the Island only for the King; they having complained against him, and one or two of his Agents here, that were in custody, to the Committee of Examina­tions; Vpon which mis-information, both the Iustices and Constable were sent for to that Committee to be examined, touching this practise; who acquainting me therewith, I accompanied them thither, and hearing them begin to examine Iu­stice Shepherd in a criminall way, upon the pretended plot against these Coyners; I the reupon took all the businesse on my self, that the Iustices and Constable did what they had done upon my information, being meer strangers to Sir Phi­lip and the Prisoners, acquainted them with all the premises, produced Sir Philips Letters, the Mettle, Mould, and other particulars to make them good: informing how they had abused the close Committee, and this Committee too, through their mis-informations, and what a dishonour it would be to countenance, or imploy such villains, whom they should either hang here, or send over thither in a way of Iustice to be executed, desiring them to take some course to punish those who did thus mis-informe and abuse them; neither of them daring to appear, [Page 38] to make good what they suggested: Whereupon the Iustices were dismisled, these Coyners remanded to the Gate-house, and Ordered to be procee­ded against at the Sessions: Whilest these things were in agitation, about the time of these Coyners first arrivall in England, Sir Philip assembled the Estates of Iersey together in nature of a Parliament; where he, and the States in name of the whole Island, framed and joyned together in two Petitions, the one to the King, the other to the Parliament, to this effect: That they were deeply af­fected with the dissentions and civill Wars in England between the King and Parliament; that they feared the like distractions there, unlesse timely preven­ted by their wisdoms and care: That it was their cordiall desire not to look on the King or Parliament as divided one from another, but united, and would thus cordially adhere to both, without siding against either, &c. Whereupon they humbly prayed they might enjoy their joynt favour and protection, and the like liberty of Trade to both their Quarters, as they enjoyed by an­cient Charters between England and France, during the Wars between both, only with their Lawfull Commodities, without doing prejudice to either side.

This Petition to the Parliament, with Letters from Sir Philip to Mr. Pym were sent to London by one John le Coulter of Iersey, bound thence for England with divers Letters from some English Captives in Argeir, to their friends here about their Redemption; who coming to London with the Letters and Petition, presently met with some Iersey men, opposites to Sir Philip, and acquainting them that he had Letters from Sir Philip to Mr. Pym, with a Petition from the Estates of the whole Island to the Parliament, and desiring their direction how he might present them to Mr. Pym, they presently procured him to be seised on by a Messenger, as a Spye sent purposely over by Sir Philip, (whom they cryed up for a Malignant and Enemy to the Parliament, without any colour or shadow of proofe) took away all his Letters and the Petition, which by this means was smothered and never presented to the House; and if presented and Answered, would doubtlesse have settled that Island in quietnesse, and made Sir Philip and the whole Island firm to the Parliament: After which, by false suggestions, they detained him above three moneths in their Custody, to his great expence, before I could procure his full release: About the same time, one Osmond Cooke, a Souldier of Mount-Orguile Castle, who attended on me in my Chamber, during all the time of my close Imprisonment there, and came into England about halfe a year before, meerly upon his own private businesse, to recover a house and some Lands in Beccles, devised to him by his Uncle, returning into Iersey from hence, was in his passage thither by these malitious persons Infor­mations seised on in the Western parts as a Spye to Sir Philip, sent up Prisoner to London by Sea, and there detained in Custody divers moneths: Notwith­standing, there was no proof of any thing at all against him, but meer suggestions behinde his back, the which to my knowledge were false. Whiles these two par­ties were thus Imprisoned, Sir Philips Adversaries, by their malitious sug­gestions, of his dangerous malignity and Enmity to the Parliament, and impor­tunate solicitations, procured an Order from the close Committee, for Major [Page 39] Lidcot and some other Officers, with six very good brasse Ordnance, and sundry Musquets, Barrells of Powder, Match and Ammunition, to be sent into Iersey to apprehend Sir Philip, as an enemy to the Parliament, to besiege and take in the Castles, secure the Island to the Parliament, and desend their party there, and withall, got the Coyners Messeruies enlarged, to go over with them into Ier­sey, Maximillian promising to do great matters for the Parliament, with the party he and his confederates would there raise, and out of my cordiall affection to the Parliament and that Island, acquainted Mr. Solicitor and others of the close Committee, with the inconveniences and ill consequence of this rash design, of which I having intelligence, grounded upon meer misinformations of Sir Philips adversaries to effect their own ends: informing them upon my own know­ledge that both Castles in Iersey were so strongly scituated & fortified, that they must have an Army by Land, and a Fleet by Sea to Block them up, that an hundred men in each would maintain the Castles against all the Force the Island could make, and three times more; and therefore it was a ridiculous thing to imagine that a Major with five or six Gunners and Officers, and that small force Sir Phi­lips Enemies could raise there should take both or either of the Castles, especially without a Fleet to assist them, one of them being quite surrounded with the Sea at half Flood, and above half the other at low water; that the Castles to my knowledge were very well furnished with Ordnance and Ammunition, for two or three years Siege; that they could every tide receive fresh Supplyes of Victualls, Men, and what ever they wanted from France and elsewhere: That the Islanders were generally rawe faint-hearted Souldiers, who durst not come within Canon shot of the Castles, much lesse approach a Breach, and run upon the Canons mouth, as they must do if they will take them: That if they sent any Ordnance, Musquets, or Ammunitions thither, which they needed at home, they would all certainly be lost, and that they who engaged them in this action, did it more out of private ends and malice against Sir Philip, then any publike good to the Parliament; for admit the Parliament had the Castles and Island surrendred without a stroke, they would cost them more the keeping, then they were worth, and draw a charge upon the State in these needfull times to no purpose, but to waste the publike Treasure: That in times of Peace, the King received not one peny profit from the Island, but only the Governour, whose whole income in time of war, would not maintain the Garrison souldiers, requisite to keep one of the two Castles, and that it could supply the Parliament neither with fighting men, nor money, nor Shipping in this time of War, but must be supplyed from hence with all these: And admit the King had it all in his abso­lute power, it could do the Parliament no hurt at all, since it could neither supply him with Souldiers, Men, Money, Provisions, nor Ammunition; and far remote from England, quite out of the road of our English Trade. That the Inhabitants being generally very poor, and having none but base French Coyne among them, could yield the King no supply of moneys: That Sir Philip Carte­ret and the States of the Island, did now by Petition and Letter, desire the Parliaments friendship and Kings joyntly, and not to side with either as divided but United; and that he would engage himself, if they would give but a fair [Page 40] Answer to their Petition (which was suppressed by the opposite party) that Sir Philip and those Islanders of his party, should continue firm unto the Parlia­ment, and their friends, and never do one act of Hostility or unkindenesse on the Kings behalf against them; and that the Parliaments and the Kings Ships upon all occasions, should have all accomodations, and ride safely in the Har­bour there at their pleasure, which was all the benefit we could reap if the Island and two Castles were totally in the Parliaments possession: That if they sent any Ships or Forces thither to apprehend Sir Philip, or Seise the Island and Ca­stles by sorce, (especially by such infamous persons as the Coyners and some o­thers were) it would make Sir Philip and his party to stand upon their guard, and perchance of friends or Neuters at the most, to turn professed enemies, and side with them that were ill affected, without any advantage to the State, and draw much expence upon them, which would end in losse and dishonour, as experience would manifest, and I would make appear by unanswerable Argu­ments, before the whole Committee in the presence of those who put them upon this designe: To which end, I did put all this under my hand in writing, and left it with some of the close Committee: Whereupon, there was some stop made of the Iersey Expedition for a week or two; but afterwards some of the Committee crediting Sir Philips Adversaries, who continually sollicited them, and kept Osmond Cooke and le Coultre in Prison, and promised a present Con­quest of the Castles and Island: Major Lidcot and some other Officers, through their importunity, were sent over thither with six great Brasse peeces, Muske [...]s, Powder, Match, and other necessaries: Before the Major departed hence, I meeting him at Westminster Hall, informed him of the strength of the Castles, the im­possibility of taking them, the Cowardise and treachery of the Islanders, and of some of those who were to go over with him, who would certainly betray him for their own advantage, especially Maximillian the Coyner; and there­fore advised him to be very vigilant, telling him I much feared he would soon return thence with losse and dishonour, and without any successe; which I ac­quainted him with, out of my good affection to himself and the State, the importunity of Sir Philips Adversaries having engaged the Parliament and himself in this designe; which I endeavoured to hinder, but could not, and therefore had done my duty. Soon after they set sayl for Iersey, and there Lan­ding with their Ordnance, Arms, Ammunition, summoned in the Country to be­leaguer the Castles, which they did at a distance, out of danger of Canon shot for a little space. But Captain Carteret arriving there with about fifty new Souldiers after Sir Philips death, (who died in the new Castle during the Leaguer,) the event proved answerable to my Predictions; the Canons, Musquets, and Ammunition sent thither, were all lost and taken by Captain Carteret, the Major basely deserted by the Islanders, the Dean, Messeruy & others that went over with him from hence, who revolted to the other side, and with the hazard of life was forced to make his passage through the Enemy, and to flye thence by night in a small Boat, and returne for England, to the great dishonour and expence of the Parliament: And by this means the Island was totally lost to the Parliament, and of reall Friends, or Neuters at the most, made their [Page 41] professed Enemies: Whereas if my advise had been followed, this vast expence had been saved, this dishonour prevented, and the Island continued firm to the Parliament, which hath been thus abused by Sir Philips opposites, meerly out of private spleen and ambition to gain his places, which God knows, they had neither wisdom nor ability to manage: And this is Mr. Prynnes destructive pra­ctises to the Common-Wealth, in supporting Sir Philip Cartret, whom this slan­derous Libeller, onely upon false reports stiles, the Malignant Governour of Iersey, and as great an instrument of supporting the King in his unjust warres as any hath beene in England, which is certainly a most loud Lye, since it hath not at all been proved, none I beleeve can say, that Sir Phillip ever supported the King in his warres, with Men, Money, Ammunition, nor ever did the least hostile act against the Parliament; but onely defended himselfe, when causelesly sent for, and terribly assaulted by his Enemies sollicitations, and mis-informati­ons to the Parliament; how ever this is certaine, that I never supported him in his Malignity, or since he turned Malignant, if he proved such a one after the Majors arrivall there. And Major Ledcot will informe this slanderer, and all the world (as he did in Westminster Hall, and in my chamber upon his return from this Iersey expedition) that it had been happy for the Parliament and Island too, had my advice agrinst that most improbable designe been hearkned to, that those who put the Parliament on this Expedition, were most of them false dishonest men, byassed with private interests, who deserted him for their own advantage. And that he found every tittle I had informed the Parliament and himselfe before his voyage, to be true by wosull experience: And there­fore Iohn Lilburne may save the labour of anatomizing Mr. Pryns destructive practises to the Commonwealth, in this particular of Iersey, and support of Sir Phillip Cartret, wherewith hee promiseth to abuse the world ere long. And to that purpose hath imployed Anabaptists from Iersey, who were the principall fomenters of this Expedition, to make a present underhand In­quisition, of my carriage in this businesse, which they are now very busie about enquiring of every Iersey man and others, (as divers of the parties have lately informed me) what they know or have heard concerning me and my car­riage in Iersey, and holding intelligence with Sir Phillip: And I shall onely desire him to take notice, that the Dean, Sir Phillips principall enemy, who be­trayed Major Lydcot, being since imprisoned in Iersey, and attempting an es­cape, broke both his legge and necke over the Castle walls; that Messeruy ano­ther principall actor who proved treacherous, is since executed in Iersey for his coyning; that Monsieur Kiddel, a great stickler against Sir Philip, because he could not have one of his daughters for his wife, was a person so scandalous for his drunkennesse and Venery, and storing Garnsey with a specious generation of Bastards, that he was inforced to fly thence into England; That both the Gur­dons Lawyers and others, who were most active in this plot, and made most friends in Parliament, are professed Anabaptists, and now grown so insolent, that they threaten and abuse their other Countrymen, who will not joyn with them in their Anabaptisticall Religion, and Church, and promise to themselves all the Offices and government of the Island when reduced, and to set up [Page 42] their Religion there cum privilegio; That Monsieur Daristux was late a zealous popish Monk, who deserting his orders (some say for incontinency) and advanced by Sir Phillips means to a living there, to my own knowledge proved a most in­gratefull wretch towards him, and a meere fire-brand in the isle, and since his coming over a chief incendiary in the French Church in Norwich, which he hath in a maner quite ruined & dissolved; and these were Sir Phillips chief opposi [...]es, who engaged the Parliament in the invasion of the Island of Iersey, for their own privat ends, and have quite undone both Iersey and Garnsey too, and put the Par­liament to a vast expence, only to make the Islanders & Governors of them their Enemies, who upon my certaine knowledge were once, and I beleeve would still have continued their faithfull friends, or at least remained Neuters, and not attempted ought against the Parliament, or any really adhering to them. And for a close of this particular, I shall averre thus much of my owne knowledge to doe deceased Sir Phillip right against his slanderers.

1. That during my imprisonment in Iersey, and ever since, I found him a reall Friend to the State and Parliament of England in all his discourses and actions; and a man as much joyed at the calling of this and the former Parliament, and as much grieved, and complaining at the dissolving the last Parlia­ment, as any.

2. That he was a man most cordiall and helpfull to poor distressed Protestants and Ministers in France, during the late wars and persecutions against them there; a noble harbourer and entertainer of them and theirs upon all occasions, and more cordially assistant to, and honoured, beloved by them, and more complai­ning of our Courts treacheries towards them, especially in the losse of Ro­chell, then any English Subject whatsoever, and both the Islands of Iersey and Garnsey put together.

3. That he was the greatest favourer, advancer, incourager of godly Mini­sters of any in that Island, and more charitable, helpfull to the poor and sick, upon all occasions then all the Island besides, there being scarce one day in the week, wherein his Lady at her own expence did not freely at Sir Philips cost send Physick, and cordials to divers diseased persons of all sorts.

4. That his Family was the most orderly, pious, Religious, cour­teous, Hospitall, and best nurtured by far of any in the Island, generally ho­noured and respected by all persons of honour in Normandy, Brittany, Picardy, England and Iersy too.

5. That he was an enemy to the Bishops Tyranny and Proceeding, Innovations, and was so reputed at Court by the Archbishop; and used me and my brother Burton too, by my interest in him, with such noblenesse and respect, when no o­ther persons of quality durst to own us, or stand our friends, though we were meer strangers to him.

6. That he was a man of more eminent parts for Government, Iustice, Peace, War, State affairs, and all publike imployment, then all the Islanders put together, and an excellent Pen-man.

7. That he was a faithfull, constant friend, and the only man in the Isle; that I ever found or heard of sit to be trusted with the Government and eustody of [Page 43] it, or to be relied on as a friend: most natives having this Norman quality, that never a two of them almost (though allied and of the same blood) do cordi­ally love, or really trust one another, and will prove treacherous at any time to their neerest friends and kindred for advantage.

8. He was the only man, that by reason of his friends and acquaintance in France, was either able or active to protect the Natives from injuries, and to procure them Iustice and relief, when injured, robbed or wronged by seizing of their goods in France: The only man able or willing to entertain strangers with noblenesse and freedom; the best Iusticiary between man and man in the whole Isle, and the most willing and able to do any publick good, and procure fa­vours for the Islanders, whom I am certain have much repented his death, and will hardly ever enjoy so good a Governour and reall friend to them as he was, having now a Lyon to rule over them instead of a Lamb.

9. He was the only man that procured Schollerships and Fellowships in Ox­ford for the Islanders of Iersey, with sundry Immunities both from England and France concerning Trade; and did twenty times more good in, to, and for the Island, then all his enemies put together, and to my knowledge had done far more, had he not been discouraged by his malicious and ingratefull prosecutors, some whereof were obliged to him for their very lives and estates, and all them for many more courtesies then ever they received from them: It being one vertue in the Islanders, of which I had experience in hundreds, which I there helped and cured gratis to my cost, and not one of twenty would so much as re­turne me verball thanks, nor yet will those Sir Philips Lady recovered even from the very jawes of death, and relieved both with food and rayment.

Lastly, He was the only man of note in all the Isle (setting all pretences and self ends aside) that was really cordiall to the Parliament, and best able, and most willing to do them any service: And I am confident would have continued so till his death, and kept both Islands friendly and obedient to them, had not those his malicious enemies (of mean birth and fortune in respect of him) by their Libels, slanders and false informations to the Parliament, and practises a­gainst him, dis-obliged and engaged him to stand upon his guard till he could vindicate his own innocency and honour to the Parliament, against the false sug­gestions of his enemies, who never yet proved the least crime or offence against him, and some of them the Messeruyes by name) professed after to my self and o­thers, and acknowledged as much before the Committee of Examinations; That they could testifie nothing at all against him, and that he was the best Governour and Friend the Island ever had, after they had so much traduced him for a Malig­nant and oppressor.

All which considered, let the world judge, what cause I had to support Sir Philips honour and reputation against such malicious scandalous conspirators, who plotted his dis-grace and ruine, and who are most guilty of the dis inga­ging, undoing and losse of Iersey and Garnsey Castle, the Isl [...]nd to in effect, and putting the Parliament to a vast unnecessary expence, to satisfie their own mali­cious and ambitious designes to multiply the Parliaments enemies, and dis-oblige their best and faithfullest friends.

[Page 44] His 9. slanderous lye against me is, That he shall make it appeare that I have been a protector of those that have betrayed the strong holds of the Parliament, into the hands of the Cavaliers. Certainly, most thinke I am guiltlesse of this, except it be onely in prosecuting Col. Nathaniel Fincs (an Independent) so farre as a Councell of Warre, upon his owne engagements prove, for delive­ring up the strong hold and rich City of Bristoll, (the greatest losse which befell the Parliament since these warres) into the hands of the Cavaliers, in such a cow­ardly and unworthy manner, that he had Iudgement given and passed against him, for it, as a Traitor and to have his head cut off; For which just prosecution my In­dependent brother Robinson hath enveighed against me in Print, belike because he desired to have more faults bewrayed.

10. That I am a pleader of all Malignant Priests causes for money: Cer­tainly this is a lowd lye. There have been hundreds of Malignant Priests, with whom whom I was never of Councell, many with whom I have refused to be of Councel, rejecting both them and their fees, which I might have justly ta­ken: Many against whom I have been of Councell, being ten to one to those I have been of Councell for; Therefore no pleader of All Malignant Priests causes. True it is, I have been of Councell with some good Ministers, [...]rticled against (by some separatists) as Malignant and scandalous, which upon exami­nation proved not such, and I presume is no crime to defend such Innocents against unjust accusers. True it is, I have appeared as Councell for some three Ministers, which upon Examination have been voted Malignant, or scandalous, whereupon sequestred, but it was before it appeared to me they were such, and upon the Letters, recommendations, or importunity of some speciall friends of mine, who assured me of their innocency in the things whereof they were accu­sed; Otherwise I was never voluntary of Councell, much lesse for fees with any such, nor intend to be, if I know them such. However, since divers matters and questions of late arise and are mixed in most cases, in which Ministers need the helpe of Councell, as likewise to mannage their evidence, to cleare things that are doubtfull both to the Committee, Iudges and jury, it is neither a crime nor scandall for any Lawyer, to be of Councell with an ill person, in an ill, much lesse in a doubtfull cause, so as he neither wrest the Law, nor evidence to ju­stifie the guilty person, nor extenuate the crime, but onely to sift out the truth, to rectifie the contrary, evidence where it is mistaken or pressed over farre, and and so truly to state the case as it is, and ripen it for a just judgement.

The 11. is, That I have been a pleader of Patents in point of Law, and that against expresse Acts of Parliament, Magna Charta, and the Petition of Right, and that lately before Committees of Parliament.

This is a grosse untruth, I having been of Councell against many such Patents, (but never with any such to my knowledge,) both before and since the Parlia­ment, if he meanes it of my being Councell against the importation of false printed English Bibles from Holland, contrary to severall Ordinances, some old Acts of Parliament, and some new ones, long since drawn, read and committed by the House, he shewed himselfe a very Ignoramus, as little skilled in common Law, as in Magna Charta which he so much talkes of, but understands no more then [Page 45] Mr. Goose, since he cannot distinguish an Ordinance and Act of Parliament from a Patent,

His 12. slander is, That I am a pleader of Iudges practises as binding to the people, against expresse Acts, Magna Charta, and the Petition of Right, the over­throwers and destroyers thereof being Traitors to the Common wealth: This he desires time to prove for want of present Evidence, and he will doe it just at doomesday in the afternoone, not before; and when he hath better studied those Acts and understands them, perchance he will be of another judgement.

You have heard a full jury of Lyes, and slanders onely against my selfe in this one Libellous Letter, all which conjoyned together, with those forementioned against the Parliament, Speaker and Members, give in this verdict against the impudence of this same Author, That he is a Father of Lyes and slanders, deser­ving the alteration of one Letter in his Name, and to be called onely LYE­BORNE instead of Lilburne for the future, to shame him from his lying pract [...]ses, which no friendly admonitions or advice could hitherto effect.

I shall not mention his severall vntruthes touching my honoured Brother Dr. Bastwicke, who hath sufficiently vindicated both himselfe, and the Parli­ament in print against these Libellous Calumnies: Not his many rayling inve­ctive speeches against the Parliaments justice and proceedings, since his impri­sonment at Newgate, and his practises to raise commotions against the Houses, by new printed Libellsand Letters, affronting, questioning, both their power, ju­stice, and animating the Vulgar rabble to call them to account, which I have for­merly touched upon, but, shall onely mention one particular more.

Soone after his imprisonment in Newgate, in a very irregular and seditious way he caused divers of his confederated brethren of the Separation about Lon­don, to present a petition in his behalfe to the Parliament in affront of their proceedings; wherein they stile him, The great instrument of the Bishops, and Star-chambers downfall, attributing that honour principally to him, which I am certaine was more due to others; concluding with these three desires to the House.

1. That you will be pleased to order his suddain removall from the infamous prison of New gate, (a very sancy request, contrary to the Committees and both Houses expresse vote.)

2. That in debating the occasion of his restraint, you will be pleased to make the most favourable construction thereof, and (if it may stand with your wisedomes,) to give him his speedy inlargement: (A request almost as insolent as the former.)

3. That you will be plased to give reliefe to those pressures that lie upon him, and to order him a competent part of his Arrears, for support of his wife and family.

How ill the House tooke this Petition in behalfe of such an incorrigible pe­remptory Delinquent, and how great an infringement they deemed it of their Priviledges both for manner and matter, the Members present at the debate can best informe the World; certainly it was very displeasing to them, as the Votes, and Answer to the Petitioners manifested, however to shew their charity, they Ordered him one hundred pounds of his Arreares to be forth­with payd, for his, and his families reliefe, according to the last request [Page 46] in the Petition: But to the monstrous ingratitude and obstinacy of this Libeller and his consederates; They generally report over all the City and Country, that The Parliament voted, and paid him this money, onely to stop his mouth for their in­justice towards him, and to take off his Prosecution of Mr. Speaker and others, for holding Intelligence with, and sending money to the King; Interpreting this their Charity towards him, upon this Petition of theirs, no other then a Bribe, and taking occasion from it, to cast new Libellous Aspersions on the House; it be­ing the accursed disposition of this Generation of Vipers (who have Adders poy­son under their lips) to turn the very best things into poyson, and misconstrue the Parliaments best actions, though occasioned by themselves.

I shall therefore, for a close of this Relation and Resutation:

First, earnestly desire the Honorable Houses of Parliament, and whole King­dom to take notice of the Lying, Libelling, Railing, False, Dishonest, Perverse, Uncharitable, Vnchr [...]stian disposition of Anabaptists and Separatists, who make no conscience of Forging, Reporting, Publishing, and Printing the most False, Impudent, Notorious, Scandalous Lyes and Forgeries that can be, both of the Houses of Parliament, their Covenant, Members, and most innocent, pious, blamelesse persons living, that are not of their Faction, or opposites unto it, without the least shadow of proof or truth, in which Infernall, Diabolicall, black Art, many of them outstrip the very Devil himself, and Iohn Lilburn all his fol­lowers: And thereupon to be very circumspect, 1. How they believe or enter­tain any Informations or Reports of any of this Sect, against the Parliament or any other persons, especially against our Ministers, whose utter Extirpation they have plotted, together with their Tithes and Maintenance. 2. How they adhere or give any countenance to any of this Seditious, Factious party, who endea­ [...]our and aim at nothing but Anarchy and Ataxy, and confusion in Church and [...]tate. 3. To have a vigilant, jealous eye over them and their private Conven­ [...]cles, where they forge and devise Lyes, Slanders, and plot the overthrow or disturbance of Church and State; and to proceed strictly against their Ring­seaders according to Law and Justice, to preserve both from speedy ruine, our connivance at them, having strongly multiplyed both their Numbers and Inso­le [...]cies in all places, which will prove more mischievous then any Clubmen, if not speedily suppressed.

Secondly, I shall desire all people truly fearing God, to consider seriously of Iohn Lilburns confident, insolent, unchristian carriage and ingratitude towards the Parliament, his Raisers and best Benefactors; and those many Lyes, Forge­ries, and Falshoods he hath most Libellously and Seditiously published, even in print, against them, without the least shadow of truth: And to beware how they give him the least countenance, incouragement, in these sinfull and ungodly courses, for fear they participate both of his sins and punishments. And if at any time they resort unto him, to charge those sins of his effectually and impar­tially, like two Christian friends, upon his conscience, and not to sooth him in them, that to he may become sensible and ashamed of them, and make a publike, reall confession and Recantation of them, answerable to the publike Scandall they have given. And if he continue obstinate and impenitent, for ever to re­nounce [Page 47] his company, as an incorrigible, desperate Delinquent, whose heart is hardned to his own destruction.

Thirdly, to beware how they take up Lilburns mistakes upon trust for cur­rant Law, or Divinity, since he hath so far overshot and mistaken himself in both; and never to adventure upon any Designe against the Parliament, State or Church, which may hazzard either their Lives, Liberties, Estates or Credits, upon the idle Dreams and Dotages of ignorant Mechanick Lawyers or Divines, who understand neither Law nor Gospel, though they deem themselves learneder and wiser then either the Parliament, Assembly, or all the Lawyers in the Realm, as Iohn Lilburn clearly doth.

Finally, I shall desire Iohn Lilburn, out of my ancient and present Christian respects towards him, and all who truly love him, to make a right use and in­terpretation of this Relation and Refutation of his grosse Lyes, Slanders, and mistaken Law; and my sharp Expressions in some places, which are but an­swerable, and scarce equivalent to his offences, which can neither be expressed, censured or refuted, but by Expressions suitable to their Exorbitances, The friendliest Christian office I could do him, considering his former obstinacy and impenitency, is, to discover his Errors and Offences to him and the world, the better to bring him to a sight and feeling of, and godly sorrow for them; It is Gods own precept, Levit. 1917. Thou shalt in any wise rebuke thy neighbour (or Brother) and not suffer sin upon him: And we are commanded to rebuke Lyars sharply, that they may be found in the Faith, Tit. 1. 12, 13. Yea Salomon informs us, Prov. 27. 5, 6. Open rebuke is better then secret love (in some cases) for faithfull are the wounds of a friend, but the kisses of an enemy are deceitfull: Adding fur­ther, Prov. 24. 24, 25. He that saith unto the wicked, Thou art Righteous, him shall the people curse, Nations shall abhor him; But to them that rebuke him shall be de­light, and a good Blessing shall come upon him. Prov. 9. 2. Rebuke a wise man, and he will love thee. And however he may take it for the present, yet, Prov. 28. 23. He that rebuketh a man, afterwards shall finde more favour then he that shall teach him with the tongue. And therefore if God hath reserved him for Mercy, not for Iudgement onely, (which his obstinacy and others flattery of him in his ungodly pride, and presumptuous evil wayes give no cause to favour) I hope this Corro­sive, the publike Discovery and Censure of his execrable Lyes and Slanders against the highest Powers, and his best and dearest friends, without just pro­vocation, which bring him to a due sight and sence of his horrible misdemeanors, humble his haughty insolent spirit, bend his inflexible obstinate Will, and work such a thorow change of his heart, and detestable, malicious, seditious, slande­rous courses, to the Infamy of that Profession of Religion he outwardly seemeth to make (though no sparks of it appear in his actions, writings) that he will henceforth learn to know himself, and the Errour of his former courses, and blesse God and me for dealing in this round friendly manner with him, when others favour him in his sins for their own ends, to the apparent hazzard of his soul and body. It is the Apostles Canon in 1 Tim. 5. 20. Them that sin, rebuke before all, that others also may fear. I am sure Lilburn hath sinned, and that more then twice or thrice openly, impudently, obstinately, with a high hand, and a [Page 48] stout heart, against God, Religion, the Parliament, its Committees, Members, his dearest Christian friends and preservers, yet in his wickednesse without re­morse. No Christian then can justly tax me, for Relating openly before all that himself may repent, and others fear the like transgressions, or to countenance or share with him in his, which is so apparently guilty. I shall desire God to give him grace to repent in time, ere it be too late, and request both him and all his Adherents, to 2 Tim. 2. 7. consider what I have here said and writ, and the Lord give them understanding in all things. I will close up all with the close of St. James his Epi­stle generall, c. 5. 19, 20. Brethren, if any of you do ERRE FROM THE TRƲTH, and can convert him, let him know, that he that converteth the sinner from the Error of his way, shall save a soul from death, and shall hide a multitude of sins. If I may be so happy, as to effect such a conversion in him, by all the Premises, I have my end, and shall blesse God for it while I live; so far am I from bearing any malice to his Person, though I sharply lash his sins and lyes.

FINIS.

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