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

effect.

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 This Examinant further saith, that the said Lilburne said that there was one Rogers that he, let him go to sea when he will, I will warwas a rogue, for that he was a spy for the Com-rant him he shall never return; or words to this monwealth 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.

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, commonly 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, con-
cerning Lieut. Col. John Lilburne.
About the 20th of July, 1652, in an arbour
in Placingdoll, three miles from Ostend in Flan-
ders, lieut. col. John Lilburne did propose to
col. Charles Lloyd, sometimes called sir Charles
Lloyd, quarter-master general, and engineer
general to the late king in the late wars in
England, and to capt. John Bartlet, this Exa-
minant, 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 Exaini-
nant 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 Eng-
land besides then durst do. And this Exami-
nant further suith, that the said Lilburne did
then boast much of the largeness of his own
party, as he the said Lilburne called them,
which he hid 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

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 further said, that he had warned the duke of Buckingham, the lord Hopton, doctor Nicholas, Judge of the Admiralty Court, for the Scotch kiug 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 he the said Lilburne, and the said col. Layton (supposing which way the said Rogers would come) lay an hour and a half waiting for him, but though he missed him then, he would ruin him 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. formerly 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 Lilburne feared, he the said Lilburne with certain others 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. Ignatius Brett an Irish rebel, with capt. Luke 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 Examinant 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 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 merchaut 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 inade to the late king, in preserving his person, honour, crown and dignity, and how falsly they have broken them all, JOHN BARTLET.

For my dear and loving wife Mrs. Elizabeth Lilburne, these with haste, haste, post haste deliver in London.

as I hear, one of your new Council of State, is my principalest, and grandest adversary, and accordingly I shall only take arise from what I was informed he said in the house at my banishment, 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 contrived) 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 incnd the faults if there be any.

The Information of Rich. Foot, concerning
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 shall) for I long to see London, and it 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 ine to make the more haste, is because if I come over, and find things in a bandsome 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 he 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 hasted, 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

Lilburne, and finding him in the street deli- | The Information of John Staplehill, of Dart-
mouth, taken June 20, 1653.
vered him a letter, and had some private dis-
course 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 Buck-
the 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 ac-
cordingly 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 Bucking-
ham, 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 mer-
chants asked him how he could do such a thing
with conscience, be 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.

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 the 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 upon
Sunday for his passage, and being upon the key,
a boat man came to him, and told him that he
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 Limself 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 his
wife, and two cavaliers, whereof one was a
colonel, and embarked all in one boat, the duke
accompanying them to the water side.

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 STAPLEXILL.

*

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 his 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:

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.

change, 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.

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.

"On Tuesday night, came about fifty of the Portugals again to the New-Exchange, of which number were the Ambassador's brother, A RELATION OF THE MUTINY ON TUES- and two knights of Malta, and they were led DAY THE 22d OF NOVEMBER, 1653, IN on by a Portugal in buff, whom they call THE NEW-EXCHANGE, OF THE PORTU-Captain, one well known to some in the ExGAL 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, hearing, 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 "Hereupon the people fled into the shops they so assaulted, and so never meddled within the Exchange to shelter themselves, and all that did not so they fell upon, though no man Whitelocke in his Memorials for Septem-gave them the least affront, yet they pistolled

ber 1652 notices the unusual state with which the Embassador from Portugal came to present his Credentials to the Parliament.

"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.

and cut, and wounded many.

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

with his sister, and a gentlewoman whom he was to have married, who desired them two to stand up in a shop, where he saw them safe, and they would have had him to have staid with them, but he said he would only go see what was the matter; but he was no sooner parted from them, but immediately the word being given by the Portugal Captain in buff, which was Safa, which was the word when they were to fall on. Without any affront offered towards them, one of them pistolled him, and shot him in the head, and he is dead of his wounds; and many others they have dangerously wounded. Col. Mayo had twelve upon him at once, yet drew his sword, and fought with them as long as he was able to hold his sword in his hand, which being cut, he was forced to let his sword fall, and then they cut and wounded him in many places. Mr. Thomas Howard, Mr. Carter, and divers others, were wounded passing by.

the actings of any persons living under the protection of a civil government, and which, in the effects thereof, produced not only a very great and notorious violation of the public peace, but also the murdering of one, and the assaulting, wounding and affrighting of many other of the people of this nation, pursuing their ordinary callings and occasions. And for as much as the said Exchange is a place of public resort and trade; the Council have therefore thought it necessary hereby to declare their resentment of those proceedings, and their just displeasure against the same. And as they intend vigorously to prosecute the offenders, so, to the intent the like evils may be better prevented in time to come, they do hereby strictly require and charge, That no person or persons, of what quality soever, do presume at the said Exchange, or any other like public place, to occasion, encourage or abet, any tumultuous meetings, or hazard a breach of the civil peace, or drawing there, or in any other such place, any sword or other weapon, discharging, pre

of powder in granadoes, or in any otherwise whatsoever. Of which command, it will be expected that all persons whatsoever take notice, and demean themselves accordingly, upon peril of being reputed, and dealt withal, as disturbers of the public peace, whereof a very strict account shall be taken: And all justices of the peace, and other public ministers, are required carefully to perform their duties in this behalf; as also, to use their utmost en deavours to prevent and restrain all immodest and unhandsome demeanors of such as shall resort to the said Exchange, that so no just cause of offence may be given to sober minds, nor any thing there acted dishonourable to religion or the nation."

"The Horse at the Meuse had taken alarm before they returned, and returning home, passing by the Meuse, some of the horse mov-senting, or bearing any gun or pistol, or firing ing towards them, some of them discharged pistols towards the horse, and the rest run home to the Ambassador's house; but the horse-guards took some of them, and carried them into the Meuse, and sent word thereof to the Lord-General; and a party of Horse pur sued them and beset the Ambassador's house. "And commissary general Whalley sent in to the Ambassador, acquainted him with this horrible attempt and bloody murder of his followers, and shewed him his men they had taken prisoners, and required the chief of the rest of them to be delivered into the hands of justice, which the Ambassador was loth to do. But seeing he could not baffle them, to stop the course of justice in so horrible a bloody business as that had been, he delivered up his brother and one of the knights of Malta, and some others such as they had then information was chief, and promised to secure the rest to be forthcoming any of them when they should be demanded. After which the Ambassador made his address to the Lord General, and chiefly for his brother; but his Excellency told him that it did concern the public, and therefore his addresses must be to the Parliament and Council of State. It is such a horrible business that his Excellency would not meddle with him in it. The Portugals that are in custody are prisoners at James's, and the business is under examination before the Council of State."

In the same volume is also printed the Order

of the Council of State as follows:

The following detached Narrative, extracted from the candid and careful Whitelocke, is

somewhat more circumstantial.

Nov. 21st, 1653. A great insurrection and tumult was at the New Exchange, between the Portugal Ambassador's brother and some of his company, and col. Gerrard an English gentleman, who hearing the Portugueses discoursing in French of the affairs of England, told them in French, That they did not represent those passages aright. Whereupon one of the Portugueses gave him the lye, and they all three fell upon col. Gerrard, stabbing him in the shoulder with a dagger, but being rescued out of their hands by one Mr. Anthuser they retired home, and within one hour returned with 20 more, armed with breast-plates and head-pieces, but after two or three turns not finding Mr. Authuser, they returned home that night.

Nov. 22nd. The Portugal Ambassador's bro

"By the Council of State; The Council of State taking notice of the tumultuous and barbarous actings at the New Exchange in the Strand, in the county of Middlesex, upon the 21st and 22d of November last past, the same *This col. Gerrard or Gerhard, was, on a being accompanied with the drawing of swords, charge of plotting against Cromwell, executed discharging of pistols, and such other high mis-on the same day with Don Pantaleon Sa. See demeanors as are scarce to be paralleled by his Case, in the present volume, No. 195.