102 Lilburn imprisoned and escapes. [B. XIV. confirmed in that spirit; and in that time diligently collected and read all those libels and books, which had anciently, as well as lately, been written against the church : from whence, with the venom, he had likewise contracted the impudence and bitterness of their style; and, by practice, brought himself to the faculty of writing like them: and so, when that license broke in of printing all that malice and wit could suggest, he published some pamphlets in his own name, full of that confidence and virulency, which might asperse the government most to the sense of the people, and to their humour. When the war begun, he put himself into the army; and was taken prisoner by the king's forces in that engagement at Brentford, shortly after the battle of Edge-hill; and being then a man much known, and talked of for his qualities above mentioned, he was not so well treated in prison as was like to reconcile him; and being brought before the chief justice, to be tried for treason by a commission of oyer and terminer, (in which method the king intended then to have proceeded against the rebels which should be taken,) he behaved himself with so great impudence, in extolling the power of the parliament, that it was manifest he had an ambition to have been made a martyr for that cause. But as he was liberally supplied from his friends at London, (and the parliament in express terms declared, that they would inflict punishment upon the prisoners they had of the king's party, in the same manner as Lilburn and the rest should "suffer at Oxford,") so he did find means to corrupt the marshal who had the custody of him; and made his escape into the parliament quarters;

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1655.]

Lilburn asperses the protector.

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where he was received with public joy, as a champion that had defied the king in his own court.

From this time he was entertained by Cromwell with great familiarity, and, in his contests with the parliament, was of much use to him, and privacy with him. But he begun then to find him of so restless and unruly a spirit, and to make those advances in religion against the presbyterians before he thought it seasonable, that he dispensed with his presence in the army, where he was an officer of name, and made him reside in London, where he wished that temper should be improved. And when the parliament was so much offended with his seditious humour, and the pamphlets he published every day in religion, with reflections upon their proceedings, that they resolved to have proceeded against him with great rigour, (towards which the assembly of divines, which he had likewise provoked, contributed their desire and demand,) Cromwell writ a very passionate letter to the parliament, "that they would not so much

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discourage their army, that was fighting for them, as to censure an officer of it for his opinion "in point of conscience; for the liberty whereof, "and to free themselves from the shackles in "which the bishops would enslave them, that army "had been principally raised." Upon which, all farther prosecution against Lilburn was declined at that time, though he declined not the farther provocation; and continued to make the proceedings of the parliament as odious as he could. But from the time that Cromwell had dispersed that parliament, and made himself protector, and was, in effect, in possession of the sovereign power,

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Lilburn indicted of high treason [B. XIV.

Lilburn withdrew his favour for him; and thought him now an enemy worthy of his displeasure; and, both in discourses and writings, in pamphlets and invectives, loaded him with all the aspersions of hypocrisy, lying, and tyranny, and all other imputations and reproaches which either he deserved, or the malice or bitterness of the other's nature could suggest to him, to make him the most universally odious that a faithless perjured person could be.

The protector could bear ill language and reproaches with less disturbance and concernment, than any person in authority had ever done: yet the persecution this man exercised him with, made him plainly discern that it would be impossible to preserve his dignity, or to have any security in the government, whilst his license continued; and therefore, after he had set spies upon him to observe his actions, and collect his words, and upon advice with his council at law, was confidently informed, that, as well by the old established laws, as by new ordinances, Lilburn was guilty "of high treason, and had forfeited his life, if he

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were prosecuted in any court of justice," he caused him to be sent to Newgate, and at the next sessions to be indicted of high treason; all the judges being present, and the council at law to enforce the evidence, and all care being taken for the return of such a jury as might be fit for the importance of the case. Lilburn appeared undaunted, and with the confidence of a man that was to play a prize before the people for their own liberty, he pleaded not guilty, and heard all the charge and evidence against him with patience

1655.]

defends himself.

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enough, save that, by interrupting the lawyers, sometimes, who prosecuted him, and by sharp answers to some questions of the judges, he shewed that he had no reverence for their persons, nor any submission to their authority. The whole day was spent in his trial; and when he came to make his defence, he mingled so much law in his discourse to invalidate the authority of Cromwell, and to make it appear so tyrannical, that neither their lives, liberties, nor estates, were in any degree secure, whilst that usurpation was exercised; and answered all the matters objected against him with such an assurance, making them "to contain nothing of high treason, and Cromwell to be a person against whom high treason could not be com"mitted;" and telling them "that all true born Englishmen were obliged to oppose this tyranny, as he had done purely for their sakes, and that "he had done it only for their sakes, and to preserve them from being slaves, contrary to his own profit and worldly interest:" he told them "how "much he had been in Cromwell's friendship: that " he might have received any benefit or preferment "from him, if he would have sat still, and seen his country enslaved; which because he would not

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do, he was brought hither to have his life taken "from him by their judgment; which he appre"hended not:" he defended himself with that vigour, and charmed the jury so powerfully, that, against all the direction and charge the judges could give them, (who assured them, "that the words and actions fully proved against the pri"soner, were high treason by the law; and that they were bound, by all the obligation of con

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Lilburn is acquitted.

[B. XIV. science, to find him guilty,") after no long consultation between themselves, they returned with their verdict, "that he was not guilty:" nor could they be persuaded by the judges to change or recede from their judgment: which infinitely enraged and perplexed the protector; who looked upon it as a greater defeat than the loss of a battle would have been; and would never suffer him to be set at liberty, as by the law he ought to have been, but sent him from prison to prison, and kept him enclosed there till he himself died. These two instances of persons not otherwise considerable are thought pertinent to be inserted, as an evidence of the temper of the nation; and how far the spirits of that time were from paying a submission to that power, when nobody had the courage to lift up their hands against it.

Whatever uneasiness and perplexity Cromwell found in his condition at home, the king found no benefit from it abroad, or from the friendship or the indignation of other princes; they had all the same terrible apprehension of Cromwell's power as if he had been landed with an army in any of thei dominions, and looked upon the king's condition as desperate, and not to be supported. The treaty between France and England proceeded very fast; and every day produced fresh evidence of the good intelligence between Cromwell and the cardinal. The ships and prisoners which had been taken when they went to relieve Dunkirk, and by the taking whereof Dunkirk had been lost, were now restored, and set at liberty; and such mutual offices performed between them, as, with frequent evidences of aversion from the king and his interest,