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not be so facile a thing, though he believed it would be done, but not in so short time: to which the said Lilburne replied, my lord, I will shew you how it shall be done; give me but the monies that I propose for, and I will have my agents (for I have enough of them) that shall give me a continual account of all the Commonwealth of England's proceedings: and by those agents I will spread my papers abroad, that shall instigate the people against the parliament, and so by that power I have already, and that power that my agents shall make by working upon the people, I will destroy this Parliament, the Council of State, and the lord general Cromwell, in half an hour.

This Examinant further saith, that George Villers, duke of Buckingham, sent for the said Lilburne to enquire which way he might make his addresses to the parliament for his peace, but the said Lilburne advised the duke from it, for that the lord general Cromwell and the parliament were so false a company of rogues, that it was not safe for the said duke to put his life into their hands and further said, that if the king (to wit Charles Stuart) would but observe what he the said Lilburne had set down in some papers, which shew the reason why the said Lilburne would not be a cavalier, and reform but them, he might easily do his business and sit in his chair. But the said duke spurred him the said Lilburne on to his first request of advising him which way he might make his peace with the parliament. But the said Lilburne would not hear of that, but advised the said duke to the contrary, and further telling him the said duke, that they had hitherto (naming his excellency the lord general Cromwell and the parliament,) broken all their engagements, and particularly the lord general, to me, who promised with all the protestations in the world, and by whatever else was sacred, that so soon as the general had done his business in Scotland, he would then answer all their expectations and desires (meaning the desires of that party which are called Levellers) and further promised that Magna Charta should be set on foot, and all the privileges of the people fully answered, according as they the said Levellers had in several papers of theirs proposed.

but he should be able to do him the said duke service, for he the said Lilburne should then be as powerful as any in the representative. But the said duke desired that if he the said Lilburne had any interest that he would use it forthwith, for that he had a desire to be reconciled to his country. To which the said Lilburne replied, My lord, the General and the parliament are so false a company of rogues, that it cannot be safe for you to put yourself in their hands.

This Examinant further saith, that at this same time the said Lilburne proposed to the said duke, that if he the said duke could but procure bim 10,000l. he the said Lilburne would have a piece of him nailed upon every post in Bruges, if he the said Lilburne did not overthrow and destroy those damnable villains in England, I mean, said he the said Lilburne, the lord general Cromwell, the Parliament, and that monstrous Council of State. To which the said duke replied, I pray you, Sir, let me hear which way you will do this. The said Lilburne replied, My lord, I will tell you how, first, I will set my press on work (for which purpose I have bought one with a letter at Amsterdam, which cost me 304.) and then I wil send my papers over into England, which by my agents shall be spread all over the nation, and by my agents (for I have enough) my papers shall be brought into the army there, where I have double interest, and now every trooper begins to understand his own privilege, and so soon as these papers are spread, they will fly in the faces of their officers, so that with the help of my particular interest, the soldiery shall do all themselves, and I will do nothing but sit in my chair, and use my pen. To which the duke replied, Sir, you may observe that in all your attempts the General outwitted you, and broke your business in the bud; besides, you may see that on all occasions the soldiery hath been obedient unto his officer, so discreetly hath the general ordered his army. Why then, saith the said Lilburne, I perceive you take the general for a wise man. Yes, said the duke, let the world read his stories and they will find him so. No, said the said Lilburne, I know him to be otherwise, for heretofore all his business was managed by Ireton, and is since by others : But the said duke still drove the said Lil- And for the General himself, he is as false a perburne off, desiring him the said Lilburne, that fidious false-hearted rogue as ever lived in the if he had any interest or party in England (as world. And I know no reason why I should he the said Lilburne boasted much of) that he not vie with Cromwell, since I had once as would use it on the duke's behalf; for, said the great a power as he had, and greater too, and said duke, could I procure a pass to day to am as good a gentleman, and of as good a facome into my native country, I would fling my-mily. To this the said duke replied, Sir, if you self into the lord general and parliament's hands to-morrow; For, said he the said duke, so far as I have assisted the king hitherto, hath been but to quit myself of ingratitude, since my family hath been raised by the king and his ancestors. To which the said Lilburne replied, My lord, since you are so resolved, I would advise you not to stir in such things as yet, for that there is expected a new representative, at which time he the said Lilburne doubted not

have any interest in England, as you say you have, I pray you to use it for me, for I have a great desire to be reconciled to my native country. Then the said Lilburne perceiving he could not move the said duke to any thing in relation to his the said Lilburne's proposals and persuasions, he the said Lilburne promised to use his interest in England on the said duke's behalf, to which purpose the said Lilburne wrote to some in England, but to whom this

Examinant knoweth not. But withal the said Lilburne advised the said duke not to stir in it yet.

This Examinant further saith, that the said Lilburne said that there was one Rogers that was a rogue, for that he was a spy for the Commonwealth of England, and therefore he the said Lilburne would ruin and destroy him: And that he the said Lilburne had discovered several that were employed in that way before. And after this apprehending the said Rogers was to come towards Bruges, the said Lilburne lay an hour and a half waiting for the said Rogers's coming, at Placingdoll, three English miles from Ostend, which was his way to Bruges.

ship called the Sovereign, the which when lieut. col. Lilburne heard, he was very angry, saying, That the General had more commands than ever Julius Cæsar had, but it is no matter, said he, let him go to sea when he will, I will war| rant him he shall never return; or words to this effect.

This Examinant further saith, that lieut. col. John Lilburne said, that Mr. Rogers was a spy for the Commonwealth of England, as he was told by lieut. col. Layton. And further said, that if he the said Lilburne knew it certainly, he would destroy the said Rogers; And forther said, that he had warned the duke of Buckingham, the lord Hopton, doctor Nicholas, Judge of the Admiralty Court, for the Scotch king in Dunkirk and several other cavaliers, that they should not trust him, and the said Lilburne further said, that he had spoiled two of the parliament's spies already, and would do the like to this; And further said, that be the said Lilburne, and the said col. Layton (sp posing which way the said Rogers would come) lay an hour and a half waiting for him, but

The Examinant further saith, that there was one Mr. Lambert, (a man that keeps much company with the said Lilburne, who took the said Lilburne's house for him in Bruges,) that said that lieut. col. Lilburne told him the said Lambert, that he the said Lilburne had found a rogue out, one Rogers, that was a spy for the Commonwealth of England. The said Lambert further said, with another Papist, common-though he missed him then, he would ruin him ly called by the name of Paracelsus, as he the said Lambert was, that if the said Rogers had staid two days longer in the town, he the said Rogers should never have gone thence alive, for that they would have him the said Rogers knocked on the head.

This Examinant further saith, that the said Lilburne said, that the lord general had abused major general Lambert, who, when time served, would be revenged on the General.

JOHN TITUS.

The Examination of Capt. John Bartlet, concerning Lieut. Col. John Lilburne. About the 20th of July, 1652, in an arbour in Placingdoll, three miles from Ostend in Fianders, lieut. col. John Lilburne did propose to col. Charles Lloyd, sometimes called sir Charles Lloyd, quarter-imaster general, and engineer general to the late king in the late wars in England, and to capt. John Bartlet, this Examinant, and capt. Luke Whittington, agent for the king of Scots, that if he the said Charles Lloyd, or any of the aforesaid persons, would procure him 10,000l. he the said Lilburne would settle the king in his throne (to wit Charles Stuart) in England. And this Examinant further saith, that at the same time the said Lilburne said, that the king (to wit Charles Stuart) should never come into his throne, but by his the said Lilburne's means, and that he further said, the said Lilburne did oppose the late king's death more than any man in England besides then durst do. And this Examinant further saith, that the said Lilburne did then boast much of the largeness of his own party, as he the said Lilburne called them, which he had in England.

This Examinant further saith, that there was a rumour in Flanders, that his excellency the lord general Cromwell was made lord admiral of the seas, and that he was to go to sea in the

afterwards; and at this time the said Lilburne commanded this Examinant to keep it secretly, and to beware of him the said Rogers. After this it appeared that the said Lilburne had intelligence that this Examinant had discovered to the said Rogers what had forme ly past be twixt the said Lilburne and this Examinant as secrets, and what is related in this paper; and understanding the said Rogers and this Examinant were to go from Bruges to Ostend, and so for England, that none of the said Lilburne's actions might be declared there in England to the parliament, which the said Liburne feared, he the said Lilburne with certain or hers that he had procured with their weapons, as pistols and swords, way-laid the said Rogers and this Examinant, but by Providence the said Rogers resolved not to go that day, and prevailed with this Examinant to stay till the next, which this Examinant did, though they never heard any thing of the conspiracy against them. But their stay being understood by the said Lilburne and the rest of his conspirators, one that was privy to the conspiracy, capt. Ignatias Brett an Irish rebel, with capt. Loke Whittington, came to the house where this Examinant and the said Rogers were, and this said Brett sent for this Examinant, and asked this Examinant what was the reason why this Examinant continued not his resolution for his journey. This Exa minant answered that by a friend's advice he staid till to-morrow. The said Brett replied, you may thank God you went not down to the boat, for had you gone, ye had been harder put to it in fighting than ever you were in your days; whereupon this Examinant asked the said Brett, by whom? the said Brett answered you shall excuse me, I will never be a Traitor to them so long as I live, but you know them all as well as I. Then the said Whittington being in company said, I am glad with all my heart you went not down, for the persons were

Lilburne, &c. who were all well furnished for | as I hear, one of your new Council of State, is this purpose. With that the said Brett said, gentlemen, you are my witnesses that I discovered them not.. And this being noised abroad in the town, a merchant of the town offered the said Rogers if he pleased he would cause them all to be clapped up, which the said Rogers refused, providing themselves against them.

This Examinant further saith, that before this, the said Lilburne told him that he the said Lilburne had good intercourse with Holland, and would cause the said Rogers to be surprized there, for that he was a spy for the Commonwealth of England.

This Examinant further saith, that the said Lilburne was reading a Declaration of the Parliament of England touching the war with the Hollanders, the said Lilburne professed, that were the parliament half so honest as they were wise they were the bravest people in the world. But the Dutch were fools; for had he their cause in handling, he would choak the parliament in two words; which should be in telling them of their promises made to the late king, in preserving his person, honour, crown and dignity, and how falsly they have broken them all. JOHN BARTLET.

my principalest, and grandest adversary, and
accordingly I shall only take arise from what I
was informed he said in the house at my banish-
ment, and what he said publicly at Alhallows
(when from Dover I sent my letter to the
people that meet there) to write him such a
letter (which already in my brain I have con-
trived) as will no way please him, let the issue
be what it will. I have writ again to major
general Lambert (who I hear is president of
your new council) and enclosed him one of my
printed Epistles, in Dutch and English, I have
also writ to col. Bennet, which you may read-
the copy of on the other side.

So with my hearty and true love and affection presented to thee and all my friends in the bulk, longing above measure to hear from thee, I commit thee and my poor babes, as my own soul, to the protection of the Most High, and rest thy faithful and loving husband. I. L. I have herewith enclosed one of my printed Letters, which I hope are before now printed at London; I have already sent two copies of this two several ways for fear of miscarriage. I am in haste, and cannot read this over, the post is going, therefore mend the faults if there be any.

For my dear and loving wife Mrs. Elizabeth
Lilburne, these with haste, haste, post haste The Information of Rich. Foot, concerning
deliver in London.
Lieut. Col. John Lilburne.

Being in Flanders about three months since,

My Dear Love; I have been, and yet am in a longing condition to hear from thee, but II came acquainted with lieut. col. John Lilconfess by this post I have nothing to expect from thee, more than to hear that thou art safely got amongst our friends at London, where I hope your joint activity will be such (according to my full instructions to you and my true friend that went with you) as that you will procure my expected pass so speedily as to send it me, or a copy of it, with my friends, encouragement, to Dunkirk, the next post, where by God's assistance I will be on Sunday next at night; and if it come, it is more than probable I may come to Dover that packet (or certainly send you word when by God's gracious permission I shail) for I long to see London, and if I come so suddenly, I shall leave all my things behind me in the care and possession of Mr. Lambert, for which I can either come over myself again, or send for them. One reason that moves me to make the more haste, is because if I come over, and find things in a handsome way to my liking. I have something of very great consequence to say speedily to such a great faithful man as I shall trust, and if I come, I shall stay at Dover a day, two or three, and by the post let you know I am there, and expect you to send me a horse to Canterbury, where at the post-house I intend to lie the first night, and shall not stir from thence till I receive a horse from you.

But if our new Council of State, or governors, will not cast a favourable eye upon you, but either deny or delay you a pass, so that the next Post I hear not of it. I shall then take it for granted that major general Harrison, being,

burne, where among other discourse I asked him why he did not apply himself to learn some language, he being then unable to speak to any of the country without an interpreter ; he answered me, that he thought himself too old to learn languages, and said he had work enough to set his adversaries by the ears. Few days after I came into England, and about seven weeks or two months since returning there again he told me that his wife had been there, and that he had sent her into England with a letter to Cromwell, a copy of which he gave me in print, and that he expected a pass to go into England, he would not stay a day after it came, though he hired a boat of purpose; then one Parker a cavalier taking his leave of him, asked if he might not write to him, he answered, no, I will receive no letters from Mr. Parker; then be asked if not by another name, to that he assented. So Lilburne went to Dunkirk with great confidence that he should receive his pass there; and few days after one Jamot, which had been a lieut. col. for the late king, came post from Paris, staying but one night at Antwerp with his wife, and came to Bridges, and not finding Lilburne there, came to my lodging early in the morning, and asked me if I thought he was gone for England, then presently went away to the boat, to which I basted, and went with him to Dunkirk, and often by the way he asked me if I thought Lilburne was gone, speaking as if he extremely feared it; as soon as he had taken up his lodging in Dunkirk he went to seek

The Information of John Staplehill, of Dartmouth, taken June 20, 1653.

king's army, and with them was lieut. col. John
Lilburne and his wife, that the Informant being
in the next chamber, he heard them discourse
of the lord general Cromwell, but could not
understand distinctly the particulars of their
discourse, but did apprehend he spake very
slightly of the General, hearing him say these
words, Cromwell, what can Cromwell do? And
this informant did observe, that tbe said duke,
cavaliers and Lilburne were very familiar to-
gether, and Lilburne and his wife dined and
supped constantly with them; that the Inform-
ant being bound for England, hired a boat upan
Sunday for his passage, and being upon the key,
a boat man came to him, and told him that be
need not hire a boat, but might go over with
three gentlemen that were going over, meaning
lieut. Col. Lilburne and two cavaliers in his
company, and the boatman went to them to
ask them, whether this Informant might not
go with them, but the said Lilburne refused to
admit it, and said he should not go with them.
And he afterwards hearing that the Informant
had hired a boat himself procured the duke to go
to the governor of Calais to stop the Informant's
going over at that time, and the Informant
being sent for by the governor to that purpose,
the Informant met the said duke there, and
was then prohibited by the governor, not to
depart till he had leave, so the said Lilburne
went away that night about midnight, with bis
wife, and two cavaliers, whereof one was a
colonel, and embarked all in one boat, the duke
accompanying them to the water side.

Lilburne, and finding him in the street delivered him a letter, and had some private discourse with him; a while after coming to them This Informant saith, that coming through at a tavern, Lilburne desired me to go to France in his way to England from Spain, he Bridges for a letter directed to him from sir lodged at Calais, upon Friday was sevennight at Henry Denix, wherein he said was a pass for the Silver Lion, where was the duke of Buckthe duke of Buckingham to come into Flan-ingham, and likewise some colonels of the late ders, and to that purpose he gave me a letter unsealed, directed to Mr. Tho. Lambert, at Bridges, desiring him to enquire for the said letter, and deliver it to me, which was accordingly done, at my being at Bridges the aforesaid Mr. Parker's wife delivered me a letter directed to or some such like name, desiring me to deliver it to Lilburne, saying it was for him, I asked why it was so directed, she said he well knew the meaning of it; at my return to Dunkirk I received a letter from Jamot, wherein he wrote they were gone to Calais to meet the duke of Buckingham, and desired me to send the aforesaid letter with the pass in it to Gravelling, and within two or three days after returned to Dunkirk, being Sunday the 29th of May, and Lilburne and Jamot being at a tavern called the Conserge with one capt Whittington and col. Layton, both of the king's party here in England, and two merchants, desired me to send one for his letters to the Post house, upon which one of the company asked him what he would say if this pass came not, he said that if my pass come not, and that I find that it is Cromwell that hinders it, as it must be, for it lies in his power, I will either kill him myself, or send one to do it; then one of the merchants asked him how he could do such a thing with conscience, he answered tell not me of conscience in this case, for if that I am banished without law, conscience or equity, and deprived of my natural air to breath in, which is every man's birth-right, (with such like expressions) I may justly right myself if I can; if I would take a hare or a deer, I ought to give him fair play, because they are beast of game; but if a fox or wolf, I may use what device I can to kill him; so if Cromwell keep himself above the law, that I cannot have my right by the law, I may kill him how I can. Then presently his letters came, and after he had read them, and saw his pass was not come, be said, I am resolved to have one fling more at Cromwell. Further he said, that Cromwell hath been an atheist this seven years, and that his design is and hath been to make himself king; so having been there together three or four hours, expressing great confidence in one another, I and this informant left them. The next day Lilburne and Layton went again for Calais to the duke of Buckingham, and were not returned when I came for England, which was eight days after.

RICHARD FOOT.

That the next day about two o'clock, the governor gave liberty to the Informant to come away, who arrived at Dover at seven o'clock the same night, where he heard Lilburne arrived in the morning before, and this Informant coming through Canterbury in his way to London, staid at the Three Kings, the post-house, to dine, and there asked whether lieut. col. Lilburne past that way, and one of the drawers told him he did, and the Informant thereupon saying, he was a great enemy to the General, the drawer answered, that he did express as much here, saying, he came into England without any pass, and that he did not fear what Cromwell could do to him, being as good a man as he; and this was upon Tuesday last. He likewise boasted, that he had caused three gentlemen to be stopt at Calais, which was the Informant, a Spaniard, and an Englishman, who came all in company together.

JOHN STAPLEHILL,

194. Case of the PRIVILEGES of EMBASSADORS, being the Proceedings against Don PANTALEON SA, Brother of the Embassador from the King of Portugal to England, for Murder in a Riot in the New Exchange: 6 CHARLES II. A. D. 1654. [Sommers' Tracts, 3 Coll. vol. 2. p. 65. Whitelocke's Memorials. Zouch's Solutio Questionis de Legati Delinquentis Competente Judicio. Oldmixon. Guthrie. Carte. Burnet. Thurloe's State Papers. Cotton's Posthuma.]

NO circumstantial account of the Trial in this Case has been obtained, and the accounts which are extant of the Case itself do not agree with each other so exactly as was to be wished. Nevertheless, as the transaction has been discussed by writers both on the Law of England and on the Law of Nations, and as our history and our law-books furnish but very few incidents and very little learning relative to this head of Public Jurisprudence, it has been thought right to present the best representations of the Case which have been found, together with some other documents, which contribute to throw light on the matter. The statement which is adopted by Mr. Ward in bis Inquiry into the Foundation and History of the Law of Nations in Europe, and in speaking of which he says, "one of more authority can hardly be met with," is given in the Third Collection of the Sommers Tracts, vol. 3, p. 65, as follows:

A RELATION OF THE MUTINY ON TUESDAY THE 22d oF NOVEMBER, 1653, IN THE NEW-EXCHANGE, OF THE PORTUGAL AMBASSADOR'S FOLLOWERS, &c. "This night was a great Mutiny at the New Exchange in the Strand, such as had scarce ever been the like. The business, upon the best information that I can have from those who were present in part of the business, and have conferred with others upon the whole,is this: "On Monday night, which was the night before, three of the Portugal Ambassador's family, whereof his brother was one, being at the New Exchange, they talking in French, spake of such discourse of transactions of some English affairs, which col. Gerhard, sir Gilbert Gerhard's brother, understanding the French tongue, bearing, told them very civilly, that they did not represent the stories they spake of right; whereupon one of the Portugals gave him the lie: Upon that they began to jostle, and all three fell upon col. Gerhard, and threw him down, and got upon him; but though he be but a little man, yet he threw him off that was upon him, and so was bustling with him a good while: There were some gentlemen there, but knew not who it was they so assaulted, and so never meddled with

Whitelocke in his Memorials for September 1632 notices the unusual state with which the Embassador from Portugal came to present his Credentials to the Parliament.

them; and yet one of the Portugals with his dagger stabbed col. Gerhard in the shoulder, and hurt him sore: But afterwards Mr. Anfrazer spake to the Portugals, that it was not civil nor handsome for so many to fall upon one, three to one being very unequal, and endeavoured to pull one of them off, and so to persuade them to cease, and thereby he came to see who it was they had assaulted; who finding it to be col. Gerhard, which he knew well, and seeing them still pursue their rage upon him, he drew to relieve him; and after some bustle the Portugals went away, one of them having a cut upon his cheek: And that night afterwards near twenty of their attendants came to the Exchange, and would have quarrelled with any body; and some cuffing there was by some, but not much more that night, for it was late, and they returned home.

"On Tuesday night, came about fifty of the Portugals again to the New-Exchange, of which number were the Ambassador's brother, and two knights of Maita, and they were led on by a Portugal in buff, whom they call Captain, one well known to some in the Exchange, and they had generally double arms, all or most part of them swords and pistols, and coats of mail or armour, some one thing, some another, to preserve their bodies from swords entering upon them.

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They had also two or three coaches that brought ammunition, in which were handgranadoes, and bottles, and some little barrels of powder and bullets, and other necessaries, if occasion was. They had also some boats ready to attend them at the water-side, if occasion was for them also.

"Thus they came with a resolution to fall upon every English gentleman they should find in or about the Exchange; and entering in with this equipage, the people were exceedingly frightened. For first came in the Captain in the buff, who led them, and after him the Portugal Ambassador's brother, and the knights of Malta, and so the rest, all with drawn swords, and in so furious a posture, as if they intended to kill every body they met with that stood before them.

"Hereupon the people fled into the shops in the Exchange to shelter themselves, and all that did not so they fell upon, though no man gave them the least affront, yet they pistolled and cut, and wounded many.

Mr. Greneway, a gentleman of Gray'sInn, son to the lady Greneway, was there

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