Tower likewise joyns in it My Lords I think there was not a clause read to you out of it but what is ful home to the purpose and as for the Out-cry the Printers test imony is compleat and the legal fundamental liberties is owned by him in his Impeachment of High Treason against Lieut. Gen. Cromwel and his Son in law Commissary Ireton and he doth there also sufficiently own the Agreement of the first of May And my Lords I do not know there was any thing that was effered here in that book but was first proved in the Court We do not offer any thing of errour that was past to take Mr. Lilburn upon any speeches that fell from him unawares although he hath sufficiently done it but in much speaking there wants not effence it fals out here in this Mr. Lilburn hath been very free in his writing in his speaking in his printing and it now riseth in judgment against him and the law must now give him his due which you my Lords are sole Judges of and from whom the Jury and the Prisoner both must receive for all that which Mr. Lilburn hath said to the contrary And the Jury answers to the matter of fact and they are upon their Oaths sworn to do the things that are just and right My Lords I shall leave the Evidence to them with this note or observation upon it that notwithstanding all Mr Lilburn hath storished and said I will not say as he hath done and seeke by glossing speeches or insinuations to wind into the affections of the Jury as he cunningly and smoothly hath done by calling them his fellow Citizens and the like you Gentlemen of the Jury you are to answer now according to your own consciences betwixt God and you your oath is that you are not to respect favour or affection nor to meddle with him upon any respect then in justice and as it is already clearely witnessed and proved before you My Lords you have heard the severall charges he is accused upon you have heard a great deal of foul matter and dirt that is fit for nothing but to be cast upon the ground and returnes to Mr Lilburn again for truly wâ—en he cast it upon the purest Marble or Brasse it fals off again God he thanked that it returnes to Mr Lilburn the right owner the prisoner hath cast these accusations and these blemishes upon others but now they are upon the ground they will fall off doth retort and return upon his own face he hath taken a great deal of pains to digge deep for mistakes nay for notorious gross calumniations had he the ingenuity to remember the words of the Scripture that the pit he hath digged for others he is falne into himself he would have some remorse of conscience in him but all the mischiefs and all the evils that can be thought upon which he imagined to heap upon others is now most justly falne upon himselfe It is said of those slies whose matter is corruption they alwaies light upon sore places upon galled backs upon carrion other birds when they slie upon faire meadowes will not touch these Certainly the Parliament of England the Army all the Officers of it whose fame both as Parliament and Army all men know in an extraordinary manner are now put in a ballance against Mr Lilburn but for the Army and the Officers of it no man can say but they have been faithfull and true to their trust gallant and couragious and extream succesfull to the peace and happinesse of this Nation and God is pleased at this instant to own them and blesse them in a miraculous manner L. Col. Lilb And yet notwithstanding did not you help to vote them Traytors once I am sure I was in a chamber in White-Hall last year when their Commissioners now Members of your House put your name down in their black bill for a Malignant but it seems you have recanted your errors and engaged to be a good acquiessing creature or else you had not been here this day in the condition you are in but for all their faithfulnesse c. have they not rebelled twice against their Creatours Lords and Masters M. Att. Never Army hath done greater things and yet they have not seaped Mr Lilburns tongue and pen they have not scap'd it my Lords but he hath lashed them to the purpose I shall be as good as my word not to aggravate the offences for they are fo vile they aggravate themselves enough and therefore I leave it thus the naked truth and the worth of it as the Books themselves have offered themselves but I shall say thus much more the honour of the Parliament of England all the Magistracy therein the honour of the Government the honour and renown of the Army that hath done such great and wonderfull things is now at stake against Mr Lilburn and there being a law published that did give warning and Mr Lilburn had been tried for his life sooner upon my knowledge I say Mr Lilburn had been sooner tried sooner condemned and executed if the law had been sooner made published but as he saith right well where there is no law there is no transgression and therefore there being a law against which he hath offended he must smart for it L. Col. Lilb I am sure I was imprisoned most unjustly without any the least shadow or couller in law many moneths before your Acts were made and extreamly oppressed and now you goe about to hang me as a Traytor for at most but crying out of your oppression O unrighteous men the Lord in mercy look upon me and deliver me and every honest man from you the vilest of men M. Att. And that law was published and proclaimed in this City by means of which Mr Lilburn and others had timely notice that they should not doe such things as are there forbidden it also told them the penalties of it which are those that are due for the highest high Treason and yet notwithstanding you see with what boldnesse with what confidence in despight of all Law and Authority these Books have been made and published by Mr Lilburn and whereas he is pleased to say many times that many men have petitioned for him to the Parliament he will not affirm to you that ever he petitioned himselfe but in all his discourse here he cals them the present men in power the Gentlemen at Westminster nay my Lord he hath not so much as owned the power of the Court since he came before you but hath often called you ciphers and the like L. Col. Lilb That 's no Treason Sir they intitle themselves the present power and would you hang me for not giving them a better stile then they themselves give to themselves I think the stile of present power or present Government is a very fit stile for them Mr. Att. My Lord I have told you long it is the Jury that are Judges upon the fact
of the danger of the man they may do it before ever they see him The next thing you are upon is the wrong and injustice that you received by the proceedings in the Star-chamber against you you see the proceedings there have been questioned and you justified if there be any thing else that hath been by others in the North or elsewhere acted there is no man here that will justifie them in their evil but for a private man as you are to tell us of them here and to come and tell us to our faces that we are Created and constituted by the Atturny General we will not suffer it nor further hear of it and therefore M. Lilburn although you have spoken fair words and happily more then your friends expected from you I must tell you that words are but words and it were well that you would do as well and as Rationally as becomes a Rational man as you have declared you will Lieut Col. Lilburn With your favour but one word more Judge Jerman M. Lilburn pray spare a word and hear the Court this Court sits here by lawful Authority and that is from the Parliament that are the Supreme Authority of England so that our Power is not derived from those that have no Rightful Authority to constitute us but our Power is from the Publick Authority of England which is now by an Admirable act of Gods providence lately but truly revived and settled by God upon them By that Authority this Court doth now sit and you are brought here before them that are most of us Judges of the Law and we are sworn to do you and every man justice and right according as his cause requires according to Law Judgement equity and reason And it was said truly that which my brother Heath who now is dead did say It s the the duty of the Judges to be of Councel with the Prisoner at the Bar before him and to do that which they are sworn to do and that you shall have and accordingly you have received more favour then ever I heard of a Prisoner that was accused of Treason in my life ever had And as for the Commission I must tell you it is usual to have Commissions of Oyer and Terminer and that even in Terme time for high offences and such as tend to the destruction of the Nation as Overburies did and those that tend to Capital Treason whereof you are now accused by a Grand-jury of London that are Free-men of London Citizens able men men of Religion men of Estate men of Conscience men of quality these are your accusers who have found you upon their Oaths guilty of Treason and cry out to us the Judges for justice against you and it is they not we that proceeds against you And as for our Commission it is according to the good old Laws of the Land founded upon the Statute made in Edward the firsts time called Westminster the second That Statute Authorizeth Commissions according to that Commission we sit by here this day and Edward the first was a wise and a good Prince and consented to the People to let them have such Commissions as ours we sit by is which the People had fought stoutly for in the Barrons wars in his Fathers time and also in his for he himselfe was taken Prisoner at Lewes in the County of Sussex and being a wise Prince he knew that the love of the people was not more to be got then by wholsome and safe lawes that every mans life and every mans estate and every mans liberty might be preserved by and not be subject to any Arbitrary Will or Power but that the sober and discreet and wise Lawes of the Kingdome which our Ancestors won by their swords might be their protectors a speciall one of which was this Statute of Westminster the second made in Edward the Firsts time by vertue of which Statute is this Commission directed to the Justices of the one Bench and the other and they be all here this day but onely those that of necessity must attend at Westminster onely to preserve the Terme Nou you are come to answer to that Charge which hath been the greatest opposition to the settlement of Government that can be I mean the settlement of the Supreme Authority of the Nation in the Commons now assembled in Parliament not newly erected but revived into the right place and hands for it is the Law of England revived that the Supreme Authority is in the * But by his favour never before practised nor used without both King and Lords a president of which he is desired to shew and produce out of any of his Law Books Commons assembled in the Parliament of England For so it was in the Saxons time and in the Romans time and in all times * But there was before the Conquest neither Innes of Court Lawyers nor Term Iudges in England but onely twelve good and legal men chosen in each Hundred finally to decide all controversies which lasted till William the Conqueror subdued that excellent Constitution and instead thereof introduced by His Will and Sword contrary to His Solemn Oath three several times taken the intolerable bondage of Westminster Hall or Term Judges and their Outlandish or Norman Law Practise in the French Tongue as all the English Chronicles universally and truly declare it hath bin as it is now which will sufficiently justifie our present Proceedings against you and therefore I say for the Commission it self it is in general for the Tryal of all Treasons what-soever But the grand Inquest have found out no other Traytor that they may accuse but Master John Lilburn who is now here at the Bar But it is not a bare accusation but it is the solemne Verdict of almost a double Iury that hath appeared upon the Roll and upon their Oaths do conceive those crimes of Treason that are laid against you to be of so dangerous consequence against the State and Common-Wealth that they do call for Iustice against you as a Traytor already found guilty And therefore I do require you as you are an Englishman and a rational man that you do conform your self and tell us plainly what you will do as in reference to the putting your self upon your Tryal by the Law and hear with Patience those Offences of Treason that are laid to your Charge Lieut. Col. Lilburn May it please you Sir by your favor I shall not now trouble you with many words Lord Keeble You go improperly to work Lieut. Colonel Lilburne That Gentleman I do not know his Name pointing to Judge Iarmen you were pleased to say that I have had more Favour then ever you have heard of any before ever had in the like case But Sir by your Favour I shall tell you of some that in the like case have had as much if not more and that was Throgmorton in Queen Maries time who was impeached of higher Treason than now I am
pocket which was given mee even now and I will give it you if you will L. Col. Lilb I pray let me heare two or three lines before Mr. Skinner Whereupon you answered and said I have the booke in my pocket and it was given me and I will give it you and Mr. Lewis received it and that was all and presently I went away Mr. Atturny You hear Gentlemen of the Jurie that it is the same book that he received from the hands of Lieut. Col. John Lilburn L. Col. Lilb My Lord I beseech you heare me before the Witnesses goe and he that was sworn before I desire to aske him this question whether or no that this is the very booke that is mentioned in the Indictment and whether or no they have examined the words of it with the Indictment Mr. Prideaux You need not that shall be proved presently Mr. Atturny That booke which Mr. Lilburn gave you what did you with it Mr. Skinner It was delivered unto my Lieutenant who stands there Lieut. It was delivered unto my Captain upon the Guard Capt. Meriman Tooke the booke in his hand and said this individuall booke signed in severall places by me I delivered to Mr. Frost Secretary to the Councell of State and Mr. Frost caused me to signe it in severall places whereby it could not be mistaken and that is the very individuall book Mr. Atturny My Lords and you Gentlemen of the Jurie we have thus far gone in the Evidence that Mr. Lilburn brought the last sheetâ— of it to the Presse the first time he came with Captain Jones and he came the second time with him to examine it that is he had a printed Copy that was then printing to be printed and was the Corrector for the Presse reading the Originall copie so farre he is privy to the printing of the booke In the next place three witnesses Souldiers of the Armâ—â— swears he gave them one of these bookes and one of them gave it to his Lieut. and the Lieut. to the Captaine and the Captain sweares this individuall booke is that which Master Lilburn gave into the hands of Mr. Lewis what can be more plaine then this I pray you Judge for here is plain testimory of Mr. Lilburns delivering this Oâ—â—ery to the 3. Souldiers one of them to his Lieut. his Lieutenant to his Captain and his Captain to Mr. Frost with maks upon it so this is by consequence proved unto you this is the individuall booke that Mr Lilburn prisoner at the Barre gave to the 3. Souldiers and which is to be made use of when you have occasion upon the evidence to read it as now it is in the Court with you L. Col. Lilb By your favour I have had no answer to the question that I humbly craved an answer to whch is whether the Souldiers are positively able to sweare that this is the individuall booke which they say they had from my hands and whether they are able to sweare that this individuall booke is a true and exact copy without addition or subscription of that originall manuscript that the Printer saith Captain Jones delivered to his hands which hee saith I had an uncorrected sheete of Mr. Attur We shall cleare that to you when we come to make use of it L. Col. Lilb I beseech you Gentlemen of the Jury to take notice of my question and what I am denyed Mr. Prideaux The next thing that is charged upon him is a paper writter and irtituled a saly libertate my Lord shall open the thing to you being direct a my Lord for the prosecution of Mr. Lilburn and having things of very high concernment that are charged against him I did by word of mouth send to have him come to me which I understood he did decline because he had no warrant The Liut of the Tower was pleased to acquaint me with it and I thereupon directed my warrant to the Lieutenant to being him before me and Mr. Lilburn c. L. C. Lilb My †This was the first or second time that Mr. Lilburns tongue slipt in calling him Lord. Lord and please your honours thus if we be upon matter of fact let us come to it let us have no introduction to teach the witnesses what to say beyond what their own consciences dictates unto them Mr. Atturny I shall goe no further in it let the Lieutenant of the Tower speake himselfe The Lieutenant of the Tower sworn Mr. Atturny Lieut. of the Tower you are questioned about the falvo libertate that Mr. Lilburn delivered unto you have you the originall Lieut. Tower Yes Sir I have Mr. Atturny How come you by it Lieut. Tower I shall be short in what I say because I will not trouble the Court. L. Coll. Lilb Let me heare you then Lieut. Tower Being abroad there was a message left with my servants that I should bring up Lieut. Col. Lilb to Mr. Atturneys chamber in the Temple and when I came in I had notice of it I did then send to Lieut. Col. John Lilburn to let him know what command I had reciived from the Atturney generall the next day to carry up Lieut. Col. John Lilburn to the Atturney Generals chamber But Lieus Col. Lilburn not well understanding whether I had a written warrant or no but before he came at home he recalled himself and came back and desired the sight of my warrant I told you before I had no warrant but by word of mouth why sayes he doe you thinke I will goe upon a verball Warrant saith he I will not goe unlesse you force me but the next day Mr. Atturney Generall was acquainted that he refused to come without a warrnnt When the Warrant was made I met with Lieut. Col. Lilburn about 10. of the clocke in the Tower who intreated me to let him see it I shewed it him he read it he desired a copy of it takes it which when he had he went from me and about two hours after hee came to me about one of the clocke and said I pray receive this from mee for saies he I doe intond not to own the Authority and power of that Gentleman that sens me the Warrant whereupon I told him I would shew this same to the Aturny Generall why sais he I give you it to that purpose When the time came Lieut. Col. Lilourn did goe along with me in an orderly civill way I had no body but my man for I told him I will take no body but my man if you will engage your selfe to me that you will returne peaceably which be did and so we went very orderly to Mr. Atturnies Chamber which is all for that I can say Mr. Aturny If you please that the Lieutenant may upon his oath declare whether that be the true Originall he had from Mr. Lilburn's owne hands or no Lieut. Tower It was never out of my custodie since he gave it me Lord Keble Mr. Lilburn you doe acknowledge it
the proofe of this first particular I shall produce his book intituled the legall and fundamentall Liberties of England revived c. Read pag. 41. Clerk reads pag. 41. But Sir I say no wonder all the things foregoing rightly considered they do own you now as Thomas Pride hath made you for the supreame Authority of the Nation although before they would neither submit to King nor Parliament when it was a thousand times more unquestionable both in Law and Reason then now you are but fought against both King and Parliament their setters up conquered them repelled them subdued them and brok them both and so pull'd up by the Roots all the legall and visible Magistracy and Authority in the Nation and thereby left none but themselves who stand in paralell to none as they have managed their businesse but to a company of murderers theeves and robbers who may justly be dispossessed by the first force that are able to do it no pretended Authority that they of themselves and by their Swords can set up having in the fight of either God or man either in Law or Reason any more just Authority in them then so many Argier Pirats and Robbers upon the Sea have L. Col Lilb You read as I take it a second Edition whether is that a second Edition or no Mr Att No No It is not so in the Indictment it is no second Edition but the first Read page 56. Clerk pag. 56. To which I answer first That that Company of men at Westminster that gave Commission to the High Court of Justice to try and behead the King were no more a Parliament by Law nor a representative of the people by the Rules of Justice and Reason then such a Company of men are a Parliament or representative of the people That a Company of armed theeves chuse and set a part to try judge condemn hang or behead any man that they please or can prevaile over by the power of the sword to bring before them by force of armes to have their lives taken away upon pretence of Justice grounded upon Rules meerly flowing from their wills and swords Mr Prid Read the Title page Clerk The legall fundamentall Liberties of the people of England revived asserted and vindicated or an Epistle written the eigth of June 1649 by Lt. Col John Lilburne Arbitrary and Aristocraticall prisoner in the Tower of London to Mr Will Lenthall Speaker to the remainder of those few Knights Citizens and Burgesses that Col Thomas Pride at his late purge thought convenient to leave sitting at Westminster as most fit for his and his Masters designes to serve their Ambitious Tyrannicall ends to destroy the good old Laws Liberties and Customs of England the badges of our Freedome as the Declaration against the King of the 17 of March 1648. page 23. calls them and by force of armes to rob the people of their lives estates and properties and subject them to perfect vassalage and slavery as he clearly evinceth in his present case c. they have done and who in truth no otherwise then pretendedly stile themselves the Parliament of England Mr Prid Read page 2. Clerk Sir For distinction sake I will yet stile you Mr Speaker although it be but to Col Prides Juncto or Parliament sitting at Westminster not the Nations for they never gave him Authority to issue out writs to elect or constitute a Parliament for them and a little below in the same second page I accused Oliver Cromwell for a wilfull murderer and desire you there to acquaint your House therewith who then had some little hand of a Parliament stamp upon it M. Prideaux Read page 28. Clerk page 28. The like of which Tyranie the King never did in his Reigne and yet by S. Olivers means lost his head for a Tyrant but the thing that I principally drive at here is to declare that Oliver and his Parliament now at Westminster for the Nations it is not having plucke up the House of Lords by the Roots page 44. So that if it be Treason to call this a a Mock Parliament yea and to say and if this be true for true it is * These words cannot be found in page 44. but are in the Book it self which time will not permit to read all over and therefore at present it passeth lame and imperfect then there is neither legal Iustice nor Iustice of peace in England M. Prideaux Read page 37. Clerk page 37. For if they ever had intended an Agreement why do they let their own lie dormant in the pretended Parliament ever since they presented it seing it is obvious to every knowing eie that from the day they presented it to this hour they have had as much Power over their own Parliament now siting as any School-master in England had over his boies Clerk page 45. Four Yor Interest and the Kings both being Interests of Trust as your Declarations do plentifully and plainly declare but especially your present Iuncto's late Declaration against the late beheaded King and Kingly Government M. Prideaux Read page 58. Clerk page 58. And let the present generation of swaying men that under pretense of good kindness and friendship have destroyed and trod under foot all the liberties of the Nation and will not let us have a new Parliament but set up by the Sword their own insufferable insupportable tyrannical Tyranie Lieut. Col. Lilburn I pray Sir are all these quotations in the Indictment verbatim I do not remember that I heard them there M. Atturney No We do not offer any Book but what is charged in the Indictment for we do say that he published those things among other clauses and things in those Books so that we bring in no Book that is not contained in the Indictment Read page 64. Clerk page 64. That so that might rule direct and counsel their mock-Parliament M. Prideaux Read page 68. Clerk page 68. That that High Court of justice was altogether unlawful in case these that had set it up had been an unquestionable Representative of the people or a Legal Parliament neither of which they are not in the least but as they have managed their businesse in opposing all their primitive Declared ends are a pack of Trayterous self-seeking Tyrannical men usurpers of the name and Power of a Parliament M. Atturney Read page 72. Clarke page 72. Then with much more confidence say I this that now sits is no Parliament and so by consequence the High Court of justice no Court of justice at all M. Atturney My Lord that which we shall offer you next is the salva libertate which the Lieutenant of the Tower had from M. Lilburn himself read at the mark Clark †A salva libertate although I then told you I judged a paper warrant although in words never so formal comming from any pretended Power or Authority in England now visible to be altogether Illegal because the intruding General Fairfax and his Forces had
and that if not speedily prevented our falling again into factions and divisions will not onely deprive us of the benefit of all those wonderful victories God hath vouchsafed against such as sought our bondage but expose us first to poverty and misery and then to be destroyed by forraign enemies M. Atturney Read page 3. Clerk page 3. Agree to ascertain our Government to abolish all Arbitrary Power and set bounds and limits both to our Supreme and all subordinate Authority and remove all known grievances and accordingly do declare publish to all the World that we are agreed as followeth pag. ibid. That the Supreme Authority of England and the territoryes therewith incorporate shal be and reside henceforward in a Representative of the People consisting of four hundred persons but no more M. Prideaux The manner of the choise of whom c. they leave to this Parliament Read a little below Clerk All things concerning the distribution of the said 400. members proportionable the respective parts of the Nation the several places for clection the manner of giving and taking of voices with all circumstances of like nature tending to the compleating and equal proceedings in elections as also their salary is referred to be setled by this present Parliament in such sort as the next Representative may be in a certain capacity to meet with safety at the time herein expressed and such circumstances to be made more perfect by future Representatives We agree this present Parliament shall end the 1 wednesday in Aug. next 1649 thenceforward to be of no Power or Authority and in the mean time shal order and direct the election of a new and equal Representative according to the intent of this our agreement and so as the next Representative may meet and sit in Power and Authority as an effectual Representative upon the day following namely the 1 Thursday of the same August 1649. Page ib. We agree if the present Parl. shal omit to order such election or meeting of a new Representative or shal by any meanes be hindred from performance of that trust that in such case we shal for the next Representative proceed in electing thereof in those places and according to that manner and number formerly accustomed in the choise of Knights and Burgesses observing onely the exceptions of such persons from being electors or elected as are mentioned before in the 1 3 and 4th heads of this agreement it being most unreasonable that we should either be kept from now frequent and successive Representatives or that the Supreme Authority should fall into the hands of such as have manifested disaffection to our common freedome and indeavoured the bondage of the Nation And for preserving the Supreme Authority from falling into the hands of any whom the people have not or shal not chuse we are resolved and agreed God willing that a new Representative shall be upon the 1 thursday in August next aforesaid the ordering and disposing of themselves as to the choise of a Speaker and the like circumstances is hereby left to their discretion but are in the extent and exercise of Power to follow the direction and rules of this agreement and are hereby Authorized and required according to their best judgements to set rules for future equal distribution and election of Members as is herein intended and injoyned to be done by the present Parliament M. Atturney Read page 8. Clerk page 8. And all Lawes made or that shal be made contrary to any part of this Agreement are hereby made nul and void M. Atturney My Lords heare by this agreement of the People that M. Lilb hath published to the World in which my L. he hath designed how many the Supreme Authority shal consist of the time when the Parl. shal dissolve as also the time when his own Parl. shal meet this Parl. to be dissolved the first wednesday in Aug. 1649. all Lawes contrary to this to be nul and void and in it you shal find some expressions of Treason in the height that whosoever shal do contrary to it shal be most severely punished In the next Book before this it is desired by him that this agreement of the People may be the Center the Banner and Standard of all his friends and that they go on vigorously with it which is my Lord to dissolve this Parliament and to put on this new one of M. Lilburns appointing This we conceive which is of M. Lilbs appointing would if effected be an absolute subversion of this in being and this is high Treason My Lord we shal go on with more yet and that is with his out-cry my Lord if you please to see the title and see to whom it is directed what was intended to be done with it it is intituled An out-cry of the young men and Apprentzes of London directed August 29. 1649. in an Epistle to the Private Souldery of the Army especially all those that signed the solemne ingagement at New-market-heath the 5 of June 1647. but more especially to the private Souldiers of the Generals Regiment of Horse that helped to plunder and destroy the honest and true-hearted Englishmen traiterously defeated at Burford the 15 of May 1649. Mr. Atturny A good incouragement they were Traiterously defeated at Burford but we are Rebells and Traitors and our Army murderers Butchers for giving some of those declared Traitors their due deserts but that you may see his tendency by this booke read page 11. Clarke page 11. We say considering what is before premised we are necessitated and compelled to doe the utmost we can for our owne preservation and for the preservation of the land of our Nativity and never by Popular particulars addresse our selves to the men sitting at Westminster any more or to take any more notice of them then of so many Tyrants and Usurperes and for time to come to hinder as much and as farr as our poore despised interest will extend to all others whatsoever from subscribing or presenting any more Popular petitions to them And only now as our last Paper-refuge mightily cry out to each other of our intollerable oppressions in letters and Remonstrances signed in the behalfe and by the appointment of all the rest by some of the Stoutest stiffest amongst us that we hope will never apostatize but be able through the strength of God to lay downe their lives for the maintaining of that which they set their hands to You our fellow-Countrymen the private Souldiers of the Army alone being the instrumentall authors of your own slavery ours Therefore as there is any bowels of men in you any love to your Native Country Kindred Friends or relations any sparke of Conscience in you any hopes of glory or immortality in you or any pitty mercie or compassion to an inslaved undone perishing and dying People O help help save and redeem us from totall vassalage and slavery and be no more like brute beasts to fight against us or our friends
let us reason together And surely if ever here were need of such a goodnesse now is the time when not onely complaints and distractions abound in all places but multitudes of cordinall friends to the Parl. are exceedingly grieved and sadned in their spirits as not seeing the Common-wealth in a condition of freedom or exemption from grievances and burthens in any measure answerable to the many promises of the Parl. to the affections of those that have assisted them or to the endeavours engagements intentions and desires of the Army Every one believing That in a very short time after the expulsion of the greater number of the Members of this honourable House as betrayers of their trust A new Representative should immediatly have been ordered according to that Moddell of an Agreement of the People tendered by the Councel of the Army or in some other way And that because that honourable Councel in their Declaration of December last Declared That they should not looke on the remaining part as a former standing power to be continued but in order unto and untill the introducing of a more full and formall Power in a just Representative to be speedily endeavoured by an Agreement of the People And we were the more confident hereof because they had formerly declared also That where the Supream Authority was fixt in the same Persons during their own pleasure it rendered that Government no better then a Tyranny and the People subject thereunto no better then Vassals That by frequent Elections men come to taste of subjection as well as Ruâ—e and are thereby oblieged for their own sakes to be tender of the good of the People so that considering those expressions and those extraordinary things done declaredly for a speedy new Elected Parliament how it should come not onely to be wholly deferred but to be matter of blame for us or any of our friends earnestly to desire what is so evidently just and necessary in it selfe and so essential to the liberties of the Nation perplexeth us above measure and we intreat some satisfaction therein And truly when you had voted the People under God to be the originall of all just Power and the chosen Representatives of the People the Supream Authority we conceived that you did it to convey those Righteous Principles which we and our friends long laboured for to the next full and formal Representative and not that you intended te have exercised the supream Law-making Power Much lesse that such ensnaring Lawes should ever have issued from a house of Commons so often and so exceedingly purged intentionally by the Army for the freedom of the Common-wealth as is your Act against Treason wherein contrary to the course of former Parliaments and to Magna Charta so many things are made Treason that it is almost impossible for any to discourse with any affection for performance of promises and Engagements or for the liberties of the Nation but he is in danger of his life if Judges and Juries should take it for good Law which God forbid Also your Act for continuance and receipt of Excise which every one hoped upon the prevailing of the Army would have had a finall end to Trade more oppressive then all the Pattents Projects and Shipmoney put together Also your Act for continuance and strict receipt of Customs was exceeding crosse to expectation that and the other for Excise being esteemed most destructive to all kind of Commerce Shipping and Navigation and are so chargeable in the Receipt as that if what is disbursed to Offices and Collectors were raysed in an ordinary way of Subsidies it would go very farre towards the publique charge which it was hoped you would have seriously laid to heart and have prepared a way to have eased the Nation of both and to have raised all publique moneys by way of Subsidies It was hoped also That you would have done something towards easing the People of the long complained burthen of Tythes rather then to have enforced the same upon treble dammages It was also expected upon the prevailing of the Army and the reducement of this honourable House That the Printing-Presses should have been fully opened and set at free liberty for the clear Information of the People the stopping of them having been complained of as a great oppression in the Bishops times and in the time of the late unpurged Parl. rather then such an Act against all unlicensed Printing Writing or Publishing as for strictnesse and severity was never before seene in England and is extreamly dissatisfactory to most People And truly when you had declared so highly resolvedly for the maintenance of the Law of the Land as to the defence of every mans Liberty and Property according to that excellent Law of the Petition of Right you may soone conceive what heart-breaking torment of spirit was occasioned by your seizing in an hostile manner such constant cordial Promoters of those excellent Maximes forementioned by the commitment of them in an extrajudicial manner to an Arbitrary Prison where they have been long time Prisoners and most of that time close prisoners their Chambers and Pockets search'd more then once to find matter against them things altogether unparliamentary yea denied a legal Tryal no legal Crime being laid to their Charge nor Accuser or Witnesse ever seene by them face to face as Law requires and this to the Ruine of themselves and Families as to temporall subsistance We professe we are not able to express the grief and amazement that seized on us thereupon and which is daily renewed upon us in that now after extream provocations you seeme Resolved to take away the life of our dear friend Mr. Lilburn and others not by any ordinary way of Trial at the usuall Assizes but by a speciall Commission of Oyer and Terminer the Judges being composed of such as whose interest he hath long opposed a way much complained of in the corrupt times before this Parliament and which we hoped we should have heard no more of in this Nation And although this is too too lamentable yet would this were all but if we understand the Petition of Right truly the putting of Souldiers to death or to other reproachful and painful punishments by martial-Martial-Law in time of Peace is not agreeable thereunto and if we are deceived therein the express words of that Law have deceived us But that such as have ventured their lives for you and thought nothing too deere to be spent in defence of a just parliamentary-Parliamentary-Authority should yet be imprisoned as some such there are in remote Castles and used more barbarously then Mr. Burton Mr. Prinne and Dr. Bastwick in the Bishops time and how soone intended to be proceeded against by special Commission of Oyer and Terminer we cannot but feare This makes our very hearts to bleed and our Bowels to earne within us insomuch as if no Reason Conscience feare of God or sence of Religion will put a speedy stop to these
proceedings but our most deere Friends because ever faithful to their Countrey must thus be ruined and slaughtered under pretence of Tryalls we shall not desire to breath longer in this World as seeing nothing but misery and slavery like to follow after them What a sad thing we beseech you is it that it should be thus in this Nation in the first year of Englands liberty as you would have it esteemed which in our apprehension exceeds in misery and thraldome the worst of Englands bondage For besides what hath been mentioned what is more frequent then to txamine men against themselves to imprison men by Votes of Committees to seize upon mens persons by Pursuivants Messengers to sweare men against themselves Taxes and Impositions never so high and Souldiers not civill Officers set to gather them to the terror of the people and upon the least deniall either violence or an Imprisonment certainly ensueth Lawyers in effect are said to rule all the Lawes are trod under foot by them and wrested to what sence they please and Law suites extended beyond all reason in respect of time and charge then as is verily supposed having mâ—dded the clear intentions of this House and perverted the just intentions of the Army poor impotent Prisoners for debt and mall offences abound and starve in prisons through poverty the cruelty of Lawyers and Goalers and the poor abroad even perish for want of imployment and through the excessive price of foode and few or none lay these things to heart And if any do and become passionately affected there with and but speak their mindes freely thereof or as hath been usual and commendable endeavour to get People together in meetings and propose Petitions for redresse the Puritans were never more reproached in the Bishops times nor the Independents and Anabaptists in the late defectiou of Parl. then now all such are with more odious Titles or the same in a more odious forme as Atheists Levellers Libertines Introducers of Monarchy Anarchy and Confusion which are poysoned Arrowes shot principally at us and our Friends though must unjustly none hating or abhorring either the Principles or the Practice more then we or our Relations To our understandings this is truly our mise rable condition and the sad condition of the Common-wealth and which is the more grievous because in a time when upon promises made in the presence of God and with appeales to his mâ—st righteous judgments we justly expected the cleaâ—est and largest Freedoms with even a totall redresse of all grievances and which is no small addition to our sorrow that we are wounded thus sorely by the hands whence we expected our most perfect Cure So that what to say or do either to help our selves or our Friends that are both in misery and danger and the Common-wealth that lyeth in no small degree of thraldom we are exceedingly to seeke and therefore as in fit condition for his help only that is a present help in time of trouble and who maketh mans extremity his oppertunity we most humbly and ardently beseech his divine goodnesse to vouchsafe you a true Christian like Spirit of Condescention whereby you may be inclined to appoint some impartial persons to informe our understandings aright of many things here complained of that if we be we may appear to have been mistaken professing from our Consciences that as yet we are confirmed in these our apprehensions of things not onely from our own Reasons but from the Declarations Promises and Engagements of Parliaments and we trust this way of reasoning out of differences will appear more like unto the wayes of God then by force or threats to stop our mouthes or suppresse our understandings Also that he will both test fie and mollâ— fie your hearts that you may instantly look back from whence you are fallen To the just ends for which the Army reserved you together and then not despairing but the hand that may heale it being Gods way we would beseech you to render up unto the People their long detained right of new Elections and a new elected Parl. To fulfill your promises concerning Magna Charta and the Petition of Right to unbind every burthen and to break every yoake to give bread to the hungry when you see the naked to cover him and not to hide your selves from those of your own flesh your present humble Petitioners though never so much scandalized and reproached To deliver the Captive and set the oppressed free and if for a testimony of your reall intentions herein you shall release unto us ours and the Nations true Friends though pointed unto death or continuance in bonds we shall rejoyce above measure at so blessed an alteration and then shall your light break forth as the morning you shall finish your Course with joy all we have shall be ever ready to preserve you and we shall ever pray that the Lord our God may be your exceeding great reward REader This foregoing Petition was Octob. 23. 1649. offered unto the House with most earnest and importunate solicitation to have it received but such a face of denial and opposition appeared amongst them that neither the Serjeant at Armes nor any Member would so much as touch it telling the Petitioners that the House would not receive any Petition in L. C. Lilburnes behalf Notwithstanding they have Declared That it is the Right of the People of England to petition and their duty to receive Petitions though against Lawes established part book declar pag. 720. The fift and last of which in order is his Brothers single Petition the Copy of which thus followeth To the Right Honourable the supream Authority of this Nation the Commons of England in Parliament assembled The humble Petition of Col. Robert Lilburn Humbly sheweth THat although of late presenting an humble Petition to this Honorable House in my own and my Sisters name in behalf of my dear brother I had not the happiness to have the same considered yet so strong are my affections towards him not onely as a brother but as confident of his integrity and that he hath been very serviceable formerly in his Generation though possibly accompanied with humane fraâ—â—ties but also exceedingly afflicted with the long continuall sufferings of his faithful dear and now almost distracted wife Hereupon and for that it grieves me above measure that he whom all former powers sought to destroy for his affection to the present members of this honorable house which powers you have abolished and out of whose hands he as it were miraculously escaped should come to receive his sad doom under your Authority when as I verily believe that upon good grounded assurance that could I but obtain so much favour of this honourable house as to suspend all proceedings against him for some reasonable time I should be able to convince him of the evill of any thing that is really evill of it self and whereby possibly upon a mistaken conscience he may unwillingly have
as a Traytor before the Lord Chief Justice Heath for levying Warre at the Command of the then Parliament against the person of the King and when I came before him in the Guild-Hall of Oxford he told me there being present with him as his fellow Judge Mr Gardiner sometimes Recorder of the City of London now Sir Thomas Gardiner and others that sat by a speciall Commission of Oyer and Terminer from the King the which Commission I did not so well then understand as I hope I do now And my Lord Chiefe Justice Heath stood up in the face of all the Court in the face of all the Country present there told me Capt. Lilburne you are brought here before us for High Treason for leavying Warre in Oxfordshire against your Soveraigne Lord and King and though you be now in a Garrison and were taken in Armes in open hostility against the King yea Sir and I must now tell you in such hostility that we were but about 700. men at Branford that withstood the Kings whole Army in the field about five houres together and fought it out to the very Swords point and to the Butt end of the Musket and thereby hindred the King from his then possessing the Parliaments Train of Artillery and by consequence the City of London in which very act I was taken a prisoner without Articles or capitulation and was by the King and his party then lookt upon as one of the activest men against them in the whole company yet said Judge Heath we will not take advantage of that to try you by the rules of arbitrary Marshall Law or any other arbitrary waies but we will try you by the rules of the good old Lawes of England and whatsoever Priviledge in your Tryall the Lawes of England will afford you claim it as your Birth-right and Inheritance and you shall injoy it with as much freedom and willingnesse as if you were in Westminster-Hall to be tryed amongst your own party and this we will do for that end that so at London your friends shall not have any just cause to say we murdered you with cruelty or denied you the benefit of the Law in taking away your life by the rules of our own Wills Nay further said he Capt. Lilburn it is true I am a Judge made by my Soveraigne Lord the King according to his right by †See the 27. of Hen. 8. chap. 24. Law and soin a speciall maner am his Servant and Councellor and am to act for his good benefit and advantage And yet notwithstanding it is by the known Laws of this Land my duty to be indifferent and free from partiallity betwixt my Master and you the prisoner and I am specially bound unto it also by my Oath and therefore you shall have the utmost Priviledges of the Law of England which is a Law of mercy and not of rigor and hath the life of a man in tenderest and highest * See the 2. part Inst fo 28. 30. 42 43. 53. 315. 316. 591 3. part fo 34. estimation and therefore it is the duty of a Judge by Law to be of Councell with the Prisoner in things wherein by his ignorance he falls short of making use of the benifit of the Law especially when he is upon the tryall of his life Yea to exhort him to answer without fear if he perceive him daunted or amazed at the presence of the Court yea it is my duty to carry my self with all fairness and evenness of hand towards you And wherein that there shall seeme any mistakes to appear in circumstances or formalities to rectifie you For it 's my duty to help you and not to use any boisterous or rough language to you in the least to put you in fear or any wayes prevent the freedom of your defence and according to the Lawes of England this is my duty and this is the Law And accordingly he gave me liberty to plead to the errors of my Indictment before ever I Pleaded not Guilty yea and also became willing to assigne me what Councell I pleased to nominate freely to come to prison to me and to consult and advise with me and helpe me in point of Law This last he did immediatly upon my Pleading to the Indictment before any fact was proved all which is consonant to the Declared Judgement of Sir EDWAD COOKE that great Oracle of the Laws of ENGLAND whose Bookes are Published by speciall Orders * Which Orders are dated May 12 1641. Iune 3. 1642. you may at large read at the last end of his 2. part Institutes and Authority of Parliament for good Law who in his 3. part Institutes Chapt. Of high Treason fol. 29. 34. compared with fol. 137. 230. asserts the same Truly Sir I being now come before you to answer for my life and being no professed Lawyer may through my own ignorance of the practick part of the Law especially in the Formalities Nisities and Puntillios thereof run my selfe with over-much hastinesse in snares and dangers that I shall not easily get out of And therefore being all of a sudden bid to hold up my hand at the Barre I cannot chuse but a little demurre upon it and yet with all respect to you to declare my desirablenesse to keep within the bounds of Reason Moderation and Discretion and so to carry my selfe as it doth become a man that knowes what it is to answer for his life And therefore in the first place I have something to say to the Court about the first Fundamentall liberty of an Englishman in order to his triall which is that by the Lawes of this Land all Courts of Iustice alwayes ought to be free and open for all sorts of peaceable people to see behold and heare and have free accesse unto and no man whatsoever ought to be tried in holes or corners or in any place where the gates are shut and bar'd and guarded with armed men and yet Sir as I came in I found the gates shut and guarded which is contrary both to Law and Iustice Sir the Lawes of England and the Priviledges thereof are my Inheritance and Birth-right And Sir I must acquaint you that I was sometimes summoned before a Committee of Parliament where Mr. Corbet and severall others have had the Chaire and there I stood upon my right by the Lawes of England and refused to proceed with the said Committee till by speciall order they caused their Dores to be wide thrown open that the people might have free and un-interrupted accesse to heare see and consider of what they said to me although I think the pretence that I am now brought before you for be the very same in substance that I was convened before Mr. Corbet for which was about Bookes and I am sure there I did argue the case with him and the rest of the Committee soundly out in Law proving that they were bound in Law and Iustice freely to
under favour I crave but one word more heare mee out I know very well and I read in your own law books such a prerogative as that in cases of Treason no Counsell shall plead against the King hath been sometime challenged to be the Kings Right by Law but let me tell you it was an usurpt prerogative of the late King with all other arbitrary Prerogatives and unjust usurpations upon the peoples rights and freedoms which has been pretended to be taken away with him And Sir can it be just to allow me Counsell to help me to plead for my estate the lesser and to deny me the help of Counsell to enable me to plead for my life the greater Nay Sir can it be jâ—st in you Judges to take up 7 years time in ending some suits of law for a little Money or Land and deny me a few dayes to consider what to plead for my life Sir all these pretences of yours were but all the prerogatives of the Kings will to destroy the poore ignorant and harmlesse people by which undoubtedly died with him or else only the name or title is gone with him but not the power or hurtfull tyrannie or prerogative in the least Therefore seeing all such pretended and hurtfull prerogatives are pretended to be taken away with the King by those that took away his life I earnestly desire I may be assigned Counsell to consult with knowing now especially no pretence why I should be denied that benefit and priviledge of the law of just and equitable law of England having put my selfe upon a Triall according to the priviledges thereof And it was declared to me at Oxford upon the Triall of my life there after I was taken prisoner fighting against the King and his partie even almost to handiâ—gripes and to the sword point and to the butâ— end of our Musquets being in person one of that little number that for many hours together at Bâ—â—inford fought with the Kings whole Armie wher 's in the manner without any Articles or composition I was taken a prisoner and immediatly thereupon arraigned at Oxford where notwithstanding all this it was declared to me by Judg Heath to be my right by the law of England to have Counsel assigned me to help me in point of law I had it granted I confesse he is my best Authority that I have and I am sure he was a Judg of the law or else I had never pleaded to him he was upon hisoath to doe justice and right and he was an able and understanding Lawyer and yet did allow me an hostile enemie counsell to help me army right by law before ever any proofe to matter of fact was produced and I beg but the same legall priviledg from you from whom I have more cause to expect itâ— Lord Keble Were you there indicted for Treason L. Col. Lilb Yes that I was for the highest of Treasons by the letter of the law for actuall levying war against the King Judg Thorp And yet for all that you know it was no Treason so did he too for you know that you had committed no Treason at all in obeying the Parliaments command for what you have done was done by the Parliaments speciall authoritie and command and you had your commission to justifie you in your hostile actions and he knew it well enough your Act was no Treason though he did offer you counsell or else he durst not allow you counsell L. Col. Lilb I had nothing to justifie me in that Act but the equitable sense of the law the letter of it being point blank against me and on the Cavalliers side by which if they had prevailed they might have hang'd both you and me for levying War against the King notwithstanding ouâ— Parliament Commissions and this I know Sir you know to be law in the letter or punctillioes of it Judg Thorp It was no Treason in you and he that assigned you counsell knew it was no Treason and this arraignment of you was as illegall as his assigning you counsell L. Coll. Lilb Sir by your favour he was a Judge of the law by legall Authority being made by the King in whom by law that power was invested and he looked upon himself as a legall Judg and so did I too and as a legall Judg he arraigned me for doing that act that by the expresse letter of the law was Treason and as a legall and honest Judge according to his duty in law he allowed me Councell Judg Jerman For that matter that you talke of they knew it was no Treason and therefore gave you more priviledges thâ—n was their right by law very well knowing that whatsoever was done to any of you that did fight for the laws religion and liberties of their Country there might be the like done to others that were prisoners in the Parliaments power and this was the truth of it and you know it very well and therefore it is nothing to us nor in law his willingnesse L. Col. Lil. Vpon my letters after the first day of my Tryall that Declaration of lâ—x tal oâ—is was made as clearly appears by the words and date of it now in print which the Reader may peruse in the 1. part of the Parliaments Declarations p. 802 803. Judg Thorp I wonder they did not proceed in the prosecution of the Indictment and find you guilty of Treason and so to execution L. C. Lil. Vnder-your favour thus I appeared at the Bar I pleaded to my indictment not guilty I made exceptions against my indictment and my selfe and the other 2 Gentlemen arraigned with me had Counsell assigned us as our right by law And the Judges most fairly rationally further told us Because we will not surprize you wee will give you a weeks time to consider with what Counsel you please in Oxford to choose to come unto you what to plead for your lives whatsoever other priviledges you can claim by the liberties of the law of England you shall enjoy them to the utmost Vpon which premise I spoke in open Court to the Judg shewing him the irons upon my hands in which I was arraigned and told him My Lord by the lawes of England no prisoner for any crime soever that behaves himselfe civilly and peaceably in his imprisonment ought to be put in irons or to any other pain or torment before he be legally convicted and therefore I desire as my right by law that my irons may be taken off And I said further My Lord I am shut up a close prisoner in my chamber denyed the use of pen ink and paper which is contrary unto law especially in the time of my Triall Why sayes he you shall be released from your irons from your close imprisonment and have the use of pen inke and paper and Capt Lilburn I tell you you shall enjoy whatsoever other priviledge you can challenge as your right by law for the law of England is a law of
House of Commons be a †And wâ—l might he for Mackwel in his manner of passing of statutes in his preface therunto saith that the Commons had no journals at all before Edward the sixths time record in law or no. Lord Keble Read Cerk Clerk An Act of the 14. of May 1649. Declaring what offences shall be adjudged Treason WHereas the Parliament hath abolished the Kingly Office in ENGLAND and IRELAND and in the Dominions and Territories thereunto belonging and hath resolved and declared that the people shal for the future bâ—â— governed by its own Representatives or Nationall meetings in Councell chosen and intrusted by them for that purpose hath setled that Government in the way of a Common-wealth and free State without KING or House of LORDS Be it therefore enacted by this present Parliament and by the Authority of the same that if any person shall maliciously or advisedly publish by writing printing or openly declaring That the said Government is tyrannicall usurped or unlawfull Or that the Commons in PARLIAMENT assembled are not the supreame Authority of this Nation or shall plot contrive or endeavour to stirre up or raise force against the present Government or for the subversion or alteration of the same and shall declare the same by any open deed That then every such offence shall be taken deemed and adjudged by the Authority of this present PARLIAMENT to be High Treason And whereas the Keepers of the Liberty of ENGLAND and the Councell of state constituted and to be from time to time constituted by Authority of PARLIAMENT are to be under the said Representatives in PARLIAMENT entrusted for the maintenance of the said Government with severall powers and Authorities limited given and appointed unto them by the PARLIAMENT Be it likewise enacted by the Authority aforesaid that iâ— any person shall maliciously and advisedly plot or endeavour the subversion of the said Keepers of the Lebertie of ENGLAND or the Councell of State and the same shall declare by any open dâ—â—d or shall move any person or persons for the doing thereof or 〈◊〉 up the people to rise against them or either of them there or either of their Authorities that the every 〈…〉 and offâ—â—â—s shall be taken deemed and declared to be 〈◊〉 Treason And whereas the PARLIAMENT 〈◊〉 their just and lawfull defence 〈…〉 under the Command of THOMAS LORD PAIRFAX and are at present necessitated by reason of the manifold distractions within â—word Common-wealth and invasions threatned from abroad to continue the same which under God must be the instrumental meanes of preserving the wel-affected people of this Nation in peace and safety Be it further Enacted by the Authority aforesaid that if any person not being an Officer Souldier or member of the Army shall plot contrive or endeauour to stirre up any mutiny in the said Army or withdraw any Souldiers or Officers from their obedience to their superiour Officers or from the present Government as aforesaid or shall procure invite aide or assist any Forreigners or Strangers to invade England or Ireland or shall adhere to any Forces raised by the Enemies of the PARLIAMENT or Gommon-wealth or Keepers of the Liberties of ENGLAND Or if any person shall counterfeit the great Seale of England for the time being used and appointed by authority of Parliament That then every such offence and offences shall be taken deemed and declared by the authority of this Parlament to be high treason And every such person shall suffer paine of death and also forfeit unto the Keepers of the Libertie of England to and for the use of the Common wealth all and singular his and their Lands Tenements and hereditaments goods and Chattels as in case of high Treason hath been used by the Lawes and Statutes of this Land to be forfeit and lost provided alwayes that no persons shall be indicted and arraigned for any of the offences mentioned in this act unlesse such offenders shall be indicted or prosecuted for the same within one yeare after the offence committed Mr. Prideaux Read the other statute Clerk Tuesday 17. July 1649. Ordered by the Commons assembled in Parliament that this Act be forthwith printed and published Hen. Scobel Cler. Parl. An Act declaring what offences shall be adjudged Treason Whereas the Parliament hath abolished the Kingly Office in England and Ireland and in the Dominions and Territories thereunto belonging and having resolved and declared that the people shall for the future be governed by its own representatives or nationall meetings in Counsel chosen and entrusted by them for that purpose hath setled the Government in the way of a Common-wealth and free State without King or House of Lords Be it enacted by this present Parliament and by the Authority of the same that if any person shall maliciously or advisedly publish by writing printing or openly declaring that the said Government is tyrannicall usurped or unlawfull or that the Commons in Parliament assembled are not the supreame Authority of this Nation or shall plot contrive or endeavour to stir up or raise force against the present Government or for the subversion or alteration of the same and shall declare the same by any open deed that then every such offence shall be taken deemed and adjudged by Authority of this Parliament to be high Treason and whereas the Keepers of the Liberties of England and the Counsel of State constituted and to be from time to time constituted by Authority of Parliament are to be under the said representatives in Parliament entrusted for the maintenance of the said Government with severall Powers and Authorities limited given and appointed unto them by the Parliament Be it likewise enacted by the Authority aforesaid that if any person shall malliciously and advisedly plot or endeavour the subversion of the said Keepers of the Liberties of England or the Counsel of State and the same shall declare by any open deed or shall move any person or persons for the doing thereof or stir up the people to rise against them or either of them their or either of their Authorities that then every such offence and offences shall be taken deemed and declared to be high treason And whereas the Parliament for their just and lawfull Defence hath raised and leavied the Army and Forces now under the Command of THOMAS Lord FAIRFAX and are at present necessitated by Reason of the manifold distractions within this Common-wealth and invasions threatened from abroad to continue the same which under God must be the instrumentall meanes of preserving the well affected people of this Nation in peace safety Be it further enacted by the Authority aforesaid that if any person not being an Officer Souldier or Member of the Army shall plot contrive or endeavour to stir up any mutiny in the said Army or withdraw any Souldiers or Officers from their obedience to their superiour Officers or from the present Government as aforesaid Or shall procure invite aid or assist any
Forraigners or Strangers to invade England or Ireland or shall adhear to any Forces raised by the Enemies of the Parliament or Common-wealth or Keepers of the Libertie of England Or if any person shall counterfeit the great Seal of England for the time being used and appointed by Authority of Parliament that then every such offence and offences shall be taken deemed and declared by Authority of this Parliament to be high Treason And every such persons shall suffer paines of death and also forfeit unto the Keepers of the Liberty of England to and for the use of the Common-wealth all and singular his and their Lands Tenements and Hereditaments Goods and Chattles as in case of high Treason hath been used by the Lawes and Statutes of this Land to be forfeit and lost provided alwayes that no persons shall be indicted and araigned for any the offences mentioned in this Act unlesse such offenders shall be indicted prosecuted for the same within one year after the offence committed And be it further enacted by the Authority aforesaid that if any person shall counterfeit the money of this Common-wealth or shall bring any false money into this Land counterfeit or other like to the money of this Common-wealth knowing the money to be false to marchandize or make payment in deceit of the people of this Nation Or if any person shall hereafter falsly forge and counterfeit any such kind of Coyn of Gold or Silver as is not the proper Coyn of this Common-wealth and is or shall be current within this Nation by consent of the Parliament or such as shall be by them authorised thereunto or shall bring from the parts beyond the Seas into this Common-wealth or into any the Dominions of the same any such false and counterfeit Coyn of money being current within the same as is above said knowing the same money to be false and counterfeit to the intent to utter or make payment with the same within this Common-wealth by merchandize or otherwise Or if any person shall impair diminish falsifie clip wash round or file scale or lighten for wicked lucre or gaines fake any the proper moneyes or Coynes of this Common-wealth or the Dominions thereof or of the moneyes or Coyns of any other realme allowed and suffered to be current within this Common-wealth or the Dominions thereof that then all and every such offences above mentioned shall be and are hereby deemed and adjudged high Treason and the offenders therein their Councellers Procurers Ayders and Abetters being convicted according to the Laws of this Nation of any of the said offences shall be deemed and adjudged Traytours against this Common-wealth and shall suffer and have such pains of death and forfeitures as in case of ligh Treason is used and ordained Provided alwayes and be it enacted by the Authority aforesaid that this Act touching the moneyes and Coyns aforesaid or any thing therein contained nor any attainder of any person for the same shall in any wise extend or be judged to make any corruption of bloud to any the heir or heirs of any such offender or to make the wife of any such offender to lose or forfeit her dower of or in any Lands Tenements or Hereditaments or her Title Action or Interest in the same Mr Atturney My Lords and you Gentlemen of the Jury you have heard these laws read unto you the clauses that we are to make out in proof against Mr Lilburne are these That if any person shall maliciously or advisedly publish by writing Printing or openly declaring that the said Government is Tyrannicall usurped or unlawfull or that the Commons in Parliament assembled are not the Supreme authority of this Nation are Traytors these we shall joyne together with his books My Lord you are here in Court and have received the proofs against him and we shall now make it out that he hath done what this Statute forbids out of his own books that have come from himself as the Author of them My Lord we shall begin with that charge against him in declaring the government Tyrannicall usurped and unlawfull and for that end see his Impeachment of Lieut Gen Cromwell c. page 8. Just Jermin Mr Lilburne Doth your Paper of the 17 of May agree with that which was read or no. L. Col Lilb No. Sir I conceive Sir you ask'd me whether this Act I have in my hand do agree with that which was read Just Jermin Yes Sir I do L. Col Lilburne It does not Just Jermine Then you will make use of it by and by Lieut. Col Lilb I Sir I intend so if you will let me Mr Atturn My Lord The first is that Mr Lilburne hath declared the present Government to be tyrannicall usurped and unlawfull and that in ipsissimis verbis that he hath so declared in a very high way in the very words so his book intituled an impeachment of high treason against Oliver Cromwell and his Son in law Henry Ireton c. Read fol Clerk Fol 8. Yea and the absolute keeping up of a perpetuall everlasting Army under which the people are absolute perfect Slaves and Vassals as by woefull and lamentable experience they now see they perfectly are which slavery and absolute bondage is like daily to encrease under the present Tyrannicall and Arbitrary new erected robbing Government Mr Attur And so My Lord it is here exprest to be a tyrannicall and arbitrary Government which are expresly within the word of the Law for they are a tyrannicall Government My Lords we shall not stick here with him but you shall see the whole Course of all his pens writing hath been to this purpose that goes very far My Lord see the Title page of the last book Clerk Title page Before a legall Magistracie when there shall be one in England which now in the least there is not Mr Prideaux See fol 1. Clerk Pag. 1. I have fully both by Law and Reason undeniably and unanswerably proved that the present Juncto sitting at Westminster are no Parliament at all in any sence either upon the Principles of Law or Reason but are a Company of usurping Tyrants and Destroyers of your Lawes Liberties Freedoms and Proprieties sitting by Virtue of the Power and conquest of the Sword Mr Prid Read the Title page of the same book Clerk An impeachment of high Treason against Oliver Cromwell and his Son in Law Henry Ireton Esquires members of the late forcibly dissolved House of Commons presented to publick view by Lieut. Col John Lilburne close Prisoner in the Tower of London for his reall true and zealous affections to the Liberties of his native Countrey In which following Discourse or impeachment he engageth upon his life either upon the Principles of Law by way of indictment the onely and alone legall way of all Tryals in England or upon the Principles of Parliaments Ancient Proceedings or upon the Principles of Reason by pretence of which alone they lately took away the
no more but self in the highest and to set up the false Saint most desperate Apostate Murderer Traitor Ol. Cromwel by a pretended election of his mercenary Souldiers under the false name of the Godly interest to be King of England c. that being now too apparently all the intended liberties of the people that ever he fought for in his life that so he might rule and govern them by his will and pleasure and so destroy and envassalize their lives and properties to his lusts which is the highest Treason that ever was committed or acted in this Nation in any sense or kind either 1. in the ey of the Law or 2. in the ey of the antient but yet too much Arbitrary proceedings of Parliament or 3. in the ey of their own late declared principles of reason by pretence of which and by no rules of Law in the least they took away the late Kings head which if there were any law or justice in England to be had or any Magistrates left to execute it as in the least there is not c. M. Prideaux Read page 7. Cler. pa. 7. But the Principles of the foresaid Agreement being so detestable and abominable to the present ruling men as that which they know will put a full end to their Tyranny and usurpation and really ease and free the people from oppression bondage that it is somthing dangerous to those that go about the promotion of it yet I shall advise and exhort you vigorously to lay all fear aside and to set on foot the promotion of it in the same method we took for the promotion of the foresaid Petition of Jan. 19. 1649. laid down in the following discourse p. 23 24 25. and write to your friends in every Country of England to chuse out from among themselves and send up some Agents to you two at least from each County with money in their pockets to bear their charges to consider with your culled and chosen Agents of some effectual course speedily to be taken for the setling the principles thereof as that only which in an earthly Government can make you happy or at least to know one anothers minds in owning and approving the principles thereof that so it may become to you and your friends your Center Standard Banner to flock together too in the time of these forraign invasions and domestick Insurrections that are like speedily to bring misery enough upon this poor and distressed Nation and unanimously resolve and ingage one to another neither to side with or fight for the Cameroes fooleries and pride of the present men in Power nor for the Princes will or any other base interest whatsoever the which if you should fight for it would be but an absolute murdring of your brethren and Country-men you know not wherefore unless he or they will come up to those just Righteous and equitable Principles therein contained and give rational and good security for the constant adhering thereunto and upon such terms I do not see but you may justifiably before God or man joyn with the Prince himself yea I am sure a thousand times more justly than the present ruling men upon a large and serious debate joyned with Owen Roâ— Onale the grand bloudy Rebel in Ireland who if we must have a King I for my part had rather have the Prince then any man in the world because of his large pretense of Right which if he come not in by conquest by the hand of Forreigners the bare attempting of which may apparently hazard him the loss of all at once by gluing together the now divided people to joyn as one man against him but by the hands of Englishmen by contract upon the Principles aforesaid which is easie to be done the people will easily see that presently thereupon they will enjoy this transcendent benefit he being at peace with all forreign Nations and having no regal pretended competitor viz. the imediate disbanding all Armies and Garisons saving the old Cinque ports so those three grand plagues of the people will cease viz. Freequarter Taxations and Excise by means of which the people may once again really say they enjoy somthing they can in good earnest call their own whereas for the present Army to set up the false pretended S. Oliver or any other as their elected King there will be nothing thereby from the begining of the Chapter to the end thereof but wars and the cuting of throats yeer after yeer yea and the absolute keeping up of a perpetual and everlasting Armie under which the people are absolute and perfect slaves and vassals as by woful experience they now see they perfectly are which slavery and absolute bondage is daylie like to encrease under the present tyranical and arbitrarie new erected robbing Government M. Att. He hath blown the Trumpet for all that will to come in he hath set up his Center he would have it to be a Standard for all his friends to flock to him and to make them the more quick in betaking them to their Arms he hath falsly and maliciously there said that the Parliament had joyned with Owen Roe Oneale which I can assure all that hear me this day the Parliament alwaies detested abominated disavowed and declared against and never had any thoughts that way My Lord the false imputations of his laid upon the Parliament are almost numberless But in the second place I come to that pretty bauble that 's of his own making The Agreement of the People dated at the Tower 1 of May 1649 and shal desire your Lordships to judge whether this Agreement of the People which he made and his friends then in the Tower and entituled it The Agreement of the People as signed by them for they called it An Agreement of the Free People of England strikes not at the very root of all Government Lieut. Col. Lilburn Pray Sir look whether it be licensed or no according to the Law of the Nation and if it be licensed by publique Authority how comes it to be Treason that 's very strange M. Atturney It is so Lieut. Col. Lilburn Pray Sir go and question the licenser then M. Atturney We must question the Author the licenser will not excuse it read page 2. Clerk reads page 2. This agreement being the ultimate end and ful scope of our desires and intentions concerning the Government of this Nation And a little below after the long and tedious prosecution of a most unnatural cruel home-bred War occasioned by divisions and distempers amongst our selves and those distempers arising from the uncertainty of our Government and the exercise of an unlimited or Arbitrary Power by such as have been trusted with Supreme and subordinate Authority whereby multitudes of grievances and intellerable oppressions have been brought upon us and finding after eight yeers experience and expectation all endeavours hitherto used or remedies hitherto applyed to have increased rather then diminished our distractions
Martin his Discharge was procured a Copy of which thus followeth Whereas Lieutenant Colonell John Lilburne hath been Committed Prisoner to the Tower upon Suspition of high Treason in Order to his Tryall at Law which Tryall hee hath received and is thereby * * The Jury justified in their Verdict by the Councell of State aquitted These are therefore to will and require you upon sight hereof to discharge and set at liberty the said Lieutenant Colonell John Lilburn from his imprisonment for which this shall bee your sufficient warrant Given at the Councell of State at White-Hall this 8. day of November 1649. Signed in the name and by the Order of the Councell of State appointed by Authority of Parliament JOHN BRADSHAW President To the Lievtenant of the Tower of London or to his Deputy An Appendix annexed by the Publisher JUdicious Reader I have been as upright and indifferent in writing and transcribing of the foresaid discourse as possibly I could without maliciously designedly or wilfully wronging either the Court or Mr. Lilburne the Prisoner as possibly a man could be at least in my apprehension and if any thing be amisse the second Edition may peradventure mend it if more exacter Copies can be got then I was necessitated to go by many more notable observations in the eye of Law and Reason by way of marginall notes might have been made then are but time streightned me much and feare of giving too much distaste which might much prejudice the Printers and Book-sellers in vending of the Copies and also I do desire all honest men that have any interest amongst the able and knowing Lawyers of this Nation by what name of distinction soever they are distinguished that they would improve their interest in them to get them to write their observations and opinions in Law of the legality or illegality of every particular of the whole proceedings of the Judges with Mr. Lilburne that so when he hath been ignorant of his right by Law the next that comes after him may be helpt by their information there is come unto my hands in print two Copies of two of his own Letters sent abroad a little before his Tryall as also a Petition of divers of his friends and two Copies of his Wives and his Brothers Petitions which have divers rationall remarkable and faire Propositions in them within their Orders according to the day of their dates I thought good here to insert for that end that he and his friends abroad may see the height of that malice that was intended towards him and so the more be engaged to blesse God for his miraculous deliverance from the jawes of death and the hands of â—â—uel and mercilesse men who by the rejecting of all his and his friends faire proffers very much consirme me in the belief of that common report that he was judged and condemned before he was tryed or heard and that the next morning after his Iuries saving of him should have been the time for hanging drawing and quartering him as a Traytor in order unto which my Belief tâ—lls me was Major Gen. Skippons fetching three fresh Companies of mercinary Souldiers after the peoples first â—â—m who were to guard him to Newgate in case he had been condemned which his Judges never doubted the Jaylor whereof was sent for by Col. Whaley c. to come and take charge of the prisoner and he accordingly came into the Court and stood by the prisoner being ready to receive him in case the honest true-hearted English Jury had brought him in guilty But now to the things themselves the first of which thus followeth The innocent Mans first Proffer OR The Proposition of Lieut. Col. John Lilburn Prerogative-prisoner in the Tower of London made unto his present Adversaries and to the whole Nation of England Octob. 20. 1649. For William Hevenningham Esq of Hevenningham in Suffolk these present Honoured Sir HAving sometimes the opportunity to discourse with you there appeared that in you unto me that gives me incouragement to pick you out above all men that now remain sitting in your house to write a few lines unto in as moderate a way as my condition and provocations will permit me I have now within very few days bin 7. moneths a prisoner the legallity or illegallity of which I shall not now discourse having already of late said so much in my own Defence * See my Salva Libertate sent to the Lieutenant of the Tower in Septemb. last and my Discourse with Mr. Prideaux intituled Strength out of Weakness grounded upon the Law your own Declarations and the Armies which with other things it seems hath occasioned your house to pass a special Commission of Oyer and Terminer to try me which whether such a special Commission made by never so unquestionable Authority be not contrary to the Petition of Right which you have so often sworn and particularly declared to maintain inviolably I shall for brevities suke not now dispute onely give me leave and I hope without any offence to put you in mind of that excellent and printed Argument in speeches and passages of Parliament 1640 1641. page 409 410 411 to 417. of Mr. Hides your quondam fellow-Member before the Lords in Parliament as the then Mouth of the Commons-house in April 1641. upon the special Commission of Oyer and Terminer that was exercised in the five Northern Counties at Yorke in which argument besides many excellent observeable passages about the midst of it he interrogates saith What hath the good Northern people done that they onely must be disfranchized of all their priviledges by Magna Charta and the Petition of Right for to what purpose serve these Statutes if they may be fined and imprisoned without Law according to the discretion of the said Commissioners of speciall Oyer and Terminer what have they done that they and they alone of all the People of this then happy Island must be dis-inherited of their Birth-right of their Inheritance I shall at present make no application for my selfe onely I shall adde a few more of his lines toward the conclusion of his Argument in page 415. which I hope cannot be offensive being spoken by him that was so eminently authorized thereunto where he saith to the Lords Truly my Lords these vexed worne people of the North are not suitors to your Lordships to regulate this Court of Oyer and Terminer or to reforme the Judges of it but for extirpating these Judges and utterly abolishing this Court They are of Catoes mind who would not submit to Caesar for his life saying he would not be beholding to a Tyrant for injustice for it was injustice in him to take upon him to save a mans life over whom he had no power which Court of speciall Oyer and Terminer was absolutely and totally abolished by that excellent Act that abolished the Star-Chamber being the 17. of the late King Anno. 1641. But Sir if it shall be objected against