XIV. 1655. above mentioned, he was not so well treated in pri- BOOK son 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 pu"nishment 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; where he was received with public joy, as a champion that had defied the king in his own court. 66 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 prosecute him" with " to prosecute him] to have proceeded against him XIV. BOOK great rigour, (towards which the assembly of divines, which he had likewise provoked, contributed their 1655. desire and demand,) Cromwell writ a very passionate letter to the parliament, "that they would not so "much discourage their army, that was fighting for 66 66 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 was, in effect, in possession of the sovereign power, 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. Cromwell y could bear ill language and reproaches with less disturbance and concernment, than any person in authority had ever done: yet the prosecution this man exercised him with, made him plain discern that it would be impossible to preserve his dignity, or to have any security in the government, whilst his licence continued; and therefore, XIV. after he had set spies upon him to observe his ac- BOOK tions, and collect his words, and upon advice with the council at law of the state, was confidently in- 1655. formed, "that, as well by the old established laws, 66 as by new ordinances, Lilburn was guilty of high "treason, and had forfeited his life, if he were pro"secuted 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 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 their authority", 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 that to be a govern"ment against which high treason could not be 66 с a the council at law of the state] his council at law that to be a government against which] Cromwell to be a person against whom XIV. 1655. 66 BOOK "committed;" 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 pro"fit 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 66 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 prisoner, "were high treason by the law; and that they were "bound, by all the obligation of conscience, 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 verdict : which infinitely enraged and perplexed Cromwell; who looked upon it as a greater defeat than the loss of a battle would have been. And though Lilburn was thus acquitted in the year 1653, yet Cromwell 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 per d verdict] judgment e Cromwell] the protector f though Lilburn was thus acquitted in the year 1653, yet Cromwell] Not in MS. XIV, tinent to be inserted, as an evidence of the temper BOOK of the nation; and how far the spirits of that time. were from paying a submission to that power, when 1655. nobody had the courage to lift up their hands against it. condition treaty with Whatever uneasiness and perplexity Cromwell The king's found in his condition at home, the king found no abroad. 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 their dominions, and looked upon the king's condition as desperate, and not to be supported. The treaty be-Cromwell's tween France and England proceeded very fast; France. 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, made it very manifest to his majesty, that his residence would not be suffered to continue longer in France, after the alliance should be published with Cromwell; which was not yet perfected, by the cardinal's blushing to consent to some propositions, without which the other's fast friendship was not to be obtained; and he was not willing that modesty should be conquered at once, though every body knew it would quickly be prostituted. There could be no doubt but that the king was heartily weary of being in a place where he was so ill treated; where he lived so uncomfortably, and |