freer access unto the Princes Court then to any others of the same profession and so by consequence to the presence of the Queen her self who did not think much to enter into discourse with him apart and with much familiarity as often as there was offered any opportunity not onely in reference to his Profession and about matters of Law but also about the weighty affairs of State and the concernments of the kingdom and at all times he gave her such judicious answers that she received great satisfaction by them But though she abundantly cherisht him with the favour of her countenance yet never with the favour of a bountiful hand as never having advanc't him to any publick office either of honor or profit excepting onely one dry reversion of a Registers Office in the Star-Chamber computed at the yearly value of 1600. pound into the possession of which he came not till about twenty years after or thereabout of which office his Lordship said pleasantly in Queen Elizabeths time That it was like another mans Farm bordering upon his own house and so might help his prospect but not fill his Barn But in King James his Reign he at length enjoy'd that office and manag'd it by a deputy Now that he was not sooner preferr'd cannot be any way attributed to the least aversion or displeasure that the Queen had in her minde against him but to the fraud and envy of some one of the Noble men at that time powerful with the Queen who sought by all means possible to depress and hinder him lest if he should be advanced to any heighth of honour his own glory should be eclipsed by him However though in the time of his Mistris Queen Elizabeth his merited promotion was still forestalled or kept back yet after the change of Government and the coming in of his new master King James he with a quickned pace soon made a large progress being by this King eminently enobled with places of trust honour anst great revenues I have seen some letters written with his own hand to King James in which he acknowledgeth him to have been so good a master to him as to have nine times conferred upon him his iterated favours thrice titles of great honour six times offices of profit the Offices he means I suppose were these he being Councel extraordinary to his Majesty in which place he had formerly served the Queen the Kings Sollitour General the Kings Atturney General or principal Procurator made one of the Kings Privy Council while yet he held the place of Atturney General Lord Keeper of the great Seal of England lastly Lord Chancellour of England Which two last Offices although they are the same in Authority and Power yet in their Patent degree of honour and favour of the Prince they differ and since the time of his holding that Magistracy none of his successours hath been honoured with that title unto this day His honours were first his being Knighted by the King then he was created Baron Verulam lastly Viscount of St. Albons besides other rich gifts and extentions of a bountiful hand which his Majesty was pleased to bestow upon him as well out of the profits of the great Seal as out of the Office of Alienation When he had arrived to that part of his age in which fortune smiled upon him he began to think of marrying and at length took to Wife Alice the Daughter and one of the Heirs of Bennet Bernham Esquire and Alderman of London with whom he received a very considerable Dowry as well in Land as in ready money children he had none by her but for as much as children conduce very much to the perpetuating our names after death he was not altogether destitute of that advantage since it was his hap to be blest with an other kinde of Off-spring for the perpetuation of his memory to after times namely the Off spring of his brain in which he was alwayes wonderfully happy like Jove himself when he was delivered of Pallace Nor did this want of children in the least measure abate his affection to his Wife toward whom he behav'd himself as an indulgent Husband and shewed her all manner of conjugal love and respect bestowing upon her rich Furniture precious Jewels and likewise settled upon her a fair Joynture nor is it to be omitted in honourable remembrance of him that she wore a rich Wedding Gown which he had bestowed upon her about twenty years after his death for so long she surviv'd her most honoured Husband The last five years of his life retiring himself from Court-Affairs and all kinde of busie employments he bent himself wholly to study and contemplation which kinde of life seem'd indeed to be most pleasing to him as if he would have chosen by his good will to dwell rather in the shade then in the sun-shine Of which also we may find some not obscure intimations in the reading of his Works in which space of time he wrote the greatest part of his Books as well those that were written in English as in Latin which according to the order of time that they were written in I who was present all the while and observ'd shall endeavour to reckon up and they were these following The History of the Reign of Henry the Seventh King of England written in English The Abecedary of Nature a Metaphysical tractate which I know not by what evil fate perisht The History of the Windes The History of Life and Death The History of Dense and Rare never till now in Print The History of Heavy and Light which also is lost These Books were composed in the Latin tongue Next were certain English Fragments as namely these A Discourse concerning the carrying on of a War with Spain A Diologue concerning the Holy War The-Fable of new Atlantis A Preface to be plac't before the body of the Laws of England The beginning of the History of Henry the Eighth King of England Between some of these came that learned work of his call'd The Advancement of Learning in the Translating of which a thing undertaken of his own accord out of his native Tongue into the Latine our most honour'd Author took very great pains and from time to time inricht it with many and various additions After these came his Councels Civil and Moral formerly call'd Essays augmented both as to their number and weight in the English tongue Some of Davids Psalms Composed into English Verse Moreover divers of his Works already mention'd he converted out of English into Latin which were these The History of the Reign of Henry the Seventh King of England His Counsels Civil and Moral call'd Faithful sayings or the Inward sense of things The Diologue of the Holy War and the Fable of New Atlantis these he translated in favour of Forreigners by whom he heard they were desired Other Books that he writ originally in Latin were his book of the Wisdom of the Ancients review'd by himself The last
Edward notwithstanding continues his Siege to the relief whereof King Philip sends all the Forces he could make But by the mediation of the Lady Jane of Valois who was Sister to King Philip and Mother of King Edwards Wife a truce was concluded from Michaelmas till Midsummer and both their Armies again dissolved Edward hereupon puts out of pay his forreign aids and returning into England had notice that the Scots besieged the Castle of Striveling for relief whereof he makes all the haste he can but being disappointed of his provision that was to come by Sea he makes a Truce with the Scots for four moneths and returns home during this truce the Scots send to King David who upon their message leaves France and returns into Scotland and as soon as the truce was ended with a strong Army enters Northumberland besiegeth New Castle upon Tyne but is valiantly resisted by John Nevile the Governour who took the Earl of Murray prisoner and slew divers of his men from thence he passeth into the Bishoprick of Durham where he useth all kinde of cruelty killing men women and children burning and destroying Houses and Churches untill he came to the Castle of Salisbury but hearing of King Edwards approach who certified of these things made all the haste he could he returns homewards King Edward pursues for three dayes together at length a truce was concluded for two years and William Earl of Salisbury prisoner with the King of France was set at liberty in exchange for the Earl of Murray Whilst Edward was thus busied about the Scots a new difference arose in France John Earl of Monfort claims the Dutchy of Brittain and in pursuance of his title is taken prisoner by the French King his Wife solicites King Edward for succour who sends her aid under the conduct of Robert of Arthois and not long after follows himself Philip sends aid to Monforts Competitor and both Armies encamp near to the City of Vannes where was like to have been a cruel Battel had not Pope Clement the sixth interposed two Cardinals from him conclude a peace Vannes is delivered up to the French King and the Earl of Montfort is set at liberty The murmuring Drum now silenced and stern Mars for a while confined to prison least rusty idleness should entomb their worth and want of exercise make them forget their Arms King Edward erects a round Table at Windsor in imitation of the Renowned Arthur and to invite great men from forreign parts rich Salaries are the reward of high designs King Philip fearing this association would be to him of ill consequence writes after Edwards coppy and erects a round Table in his own Countrey to allure the men of War of Germany and Italy and so to keep them from coming into England King Edward thus prevented in his design by the French King institutes the most honourable order of the Garter the Original case whereof is dubious some conjecture that it arose for that in a Battel wherein he was victorious he gave the word Garter for the word or sign Cambden saith King Edward the Third founded this order to adorn Martial vertue with honours rewards and splendour The Original Book of the Institution deduces the invention from King Richard the First and that King Edward adorned it and brought it into splendour but the common received opinion is that a Garter of his own Queen or as some say of Joan Countess of Salisbury slipping off in a Dance King Edward stooped and took it up where at some of the Nobles that were present smiling as an amorous action he seriously said It should not be long ere Sovereign Honour were done to that Garter whereupon he afterwards added the French Motto Honi soit qui maly pense therein checking his Lords sinister suspicion Nor need we with Polydor Virgil trouble our selves to make an Apology for the courseness of this Original since according to the Poet They swell with love that are with valour fill'd And Venus Doves may in a Head-piece build The number of Knights in this order is six and twenty whereof the King is alwayes president so much accounted of in other Countries that there have been nigh twenty and six forreign Emperours and Kings of the same the glory whereof by a learned Poet is celebrated for to be such That now Burgundians scorn their fleece of Gold The French the Escalopt Collar set with grace Their Crossed weeds Rhodes Elba Alcala hold As worthless all matcht with thy George are base King Edward whose Eye was fixt upon France as the mark of his Conquest having notice that King Philip had put many of his friends to death in Normandy namely Clisson and Bacon Knights of the best note glad that the truce was broken on King Philips part prepares again for the invasion of France and taking along with him the young Prince of Wales with an Army of 2500. Horse and 30000. Foot arives in Normandy where he took and and sackd many Towns of Importance Clissons hands being nailed on the Gates of Carenton he turns it into Cinders making a Funeral-pile thereof for his slain friend He takes also the populous and rich City of Caen marching with his Army to the very Walls of Paris Philip awakened with Edwards Victories raises one of the greatest Armies that ever were seen in France Edward laden with spoil is not unwilling to retire which Philip interpreteth a kinde of flight the River of Some he passeth with much danger and defeats Gundentor du Foy who was placed there to hinder his passage King Philip set on fire with his disaster resolveth to give King Edward Battel who was incamped nigh to a Vilage called Crescy his Army consisting of 30000. he divided into three Battalions the first whereof was led by Edward the Black Prince of Wales having in his company Beuchamp Earl of Warwick Godfrey of Harecourt the Lords Stafford Laware Bourchier Clifford Cobham Holland c. together with the number of 800. men at Arms 2000. Archers and 1000. Welch In the second Battel were the Earls of Northampton and Arundel the Lords Ross Willoughby Basset Saint Albane Malton c. with 800. men at Arms and 1200. Archers The third and last Battel was commanded by the King himself having in it 700. men at Arms and 3000. Archers The French Army was far greater consisting of sixscore thousand men having in it the two Kings of Bohemia and Majorica and of Princes Dukes Earls Barrons and Gentlemen bearing Arms about 3000. The vantguard was led by the King of Bohemia and the Earl of Allanson The main Battel King Philip commanded himself and the Earl of Savoy the Reer But since in this Battel the Prince of Wales was the chief General I shall refer the further prosecution thereof to the description of his following life and proceed in our History of King Edward who after the good success of this Battel marched directly to Calice resolving not to stir untill he
Religion then the Ceremonies of it did publickly refuse it From hence proceeded Tragedies Tumults War and Invasion for upon the first reading thereof the people were so violent against it that the Dean and Bishop of Edenburgh hardly escaped with life nor were they onely the rascal multitude that thus opposed it but many of the Noblemen Barons and Gentlemen amongst whom the chief were the Earl of Hume and the Lord Lindsey To appease these disorders the King sent down the Marquess Hamilton in the quality of an high Commissioner impowring him with a Commission to use the utmost of his interest and power for the settling of peace but whether as some write he dealt deceitfully in aspiring to the Crown himself or no I judge uncertain but most certain it is that after his coming the differences encreased far greater then before and no question but it had become far better for the King had this Marquess been either a more close friend or an opener enemy The King being at home in no good condition used all means he could to pacifie his enemies abroad not onely winking at many of the foul disorders of the Scots but also yielded unto them in their desires for many things which nevertheless allayed not their spirits but rather encouraged them to proceed as they had begun For as Cleaveland hath it Nor Gold nor Acts of Grace 't is steel must tame The stubborn Scot a Prince that would reclaim Rebels by yielding doth like him or worse Who saddled his own back to save his horse Hamilton being returned into England the Scots began might and main to levy Souldiers to impose Taxes to raise Fortifications to block up some and seize others of the Kings Castles and to prepare for War The King not to be behinde hand with the Scots it being no good policy in War to strain courtesie who should begin first raised a considerable power to the maintenance whereof many of the Nobility contributed largely especially the Bishops it being for the preservation of their own Hierarchy March 27. the Army began to march the Earl of Arundel commanding in Chief but all the preparation both of one side and the other proved onely an interview of two Armies nothing being acted considerable in the way of engagement for after a few dayes attendance upon each other a Pacification was concluded upon distributed into these Articles On the Kings Part. 1. His Majesty to confirme what his Commissioner promised in his name 2. That a general Assembly be indicted to be kept at Edenburgh August 6. 3. That command be given for a Parliament to be holden at Edenburgh August the 20. 4. That he recal all his Forces by Land or Sea and restore all Ships and Goods arrested and detained since the pretended Assembly at Glasgow upon the Covenanters disarming and disbanding of their Forces dissolving their Tables and restoring to the King all his Castles Forts and Ammunition and releasing all the Persons Lands and Goods then under restraint or detained since the pretended Assembly of Glasgow This his Majesty to do by Declaration On the Scots Part. 1. The Forces of Scotland to be disbanded within eight and forty hours after publication of the Kings Declaration 2. They to render up after the said publication all Castles Forts Ammunition of all sorts so soon as the King shall send to receive them 3. They to hold no meetings treatings nor consultations but such as are warranted by act of Parliament 4. They to desist from all fortifications and those to be remitted to the Kings pleasure 5. They to restore to all the Kings Subjects their Liberties Lands Houses Goods and Means taken or detained from them since the first of February last This Pacification being solemnly ratified on both sides the King well hoped a general peace would ensue but what ever the Scots pretended the sequel shewed they intended nothing less for they still kept their Officers in constant Pay they did not slight their fortification at Leith they still continued their Meetings and Consultations they still disquieted molested and frighted all of different inclinations and which was worst of all they dispersed a scandalous Libel entituled Some conditions of his Majesties Treaty with his Subjects of Scotland before the English Nobility are set down here for remembrance Which Book tending to the defamation of his Majesty and disavowed by the Commissioners then present at the Treaty was by the command of the Council burnt by the common Hangman The King who intended to stay till the General Assembly was met seeing matters remain in this doubtful posture returned into England leaving the Earl of Traquair his Commissioner August the 6 the Assembly met at Edenburgh wherein Episcopacy the five Articles of Perth the High Commission the Liturgy and Book of Canons were abolished the Earl of Traquiar assenting thereunto The Assembly being ended the Parliament began who instead of reforming Abuses fell upon new moddelling the Government forming an Act Recissory whereby former Acts concerning the Judicatory of the Exchequer concerning Proxies and concerning confirmation of Ward Lands should be nulled Which being signified to the King he by his Commissioner the Earl of Traquair prorogued the Parliament until the 2. of June next These actings of the Scots warping altogether towards War were much forwarded by an accident November 19. it happened a great part of the walls of the Castle of Edenburgh with the Cannons mounted fell to the ground this being the Anniversary night of the Kings Birth-day was construed in the Grammar of Superstition an ominous presage of the ruine of the Kings design The King appointed the Lord Estrich Colonel Ruthen and the Governour of the Castle to take order for the re-edification of what was lapsed but the Scots would not suffer any materials to be carried in for reparation This Indignity the King concludeth intollerable and thereupon resolveth to relieve himself by force to this end a private Juncto is selected for the close carrying on of the design wherein it was agreed his Majesty should call a Parliament to assemble April the 13. next The King approved well of their Councel but withal said My Lords the Parliament cannot suddenly convene and the subsidies they grant will be so long in levying as in the interim I may be ruin'd therefore some speedy course must be thought upon for supplies The Lords willing to forward the business told him they would engage their own credits and the Lord Deputy of Ireland giving the onset subscribed for twenty thousand pound the other Lords writing after his Copy subscribed conformable to their Estates the Judges also contributed largely as also the Recusants who are ever sure to undergo the lash yielded according to their abilities From which Loyalty of theirs to his Majesty the more envious and schismatical sort of people gave out that the King was in his heart a Papist I have thought it my duty to insert in Latin and in English his Majesties Declaration
Arbitrary wayes but we will try you by the rules of the good old Laws of England and whatsoever priviledge in your Tryal the Laws of England will afford you claim it as your Birth-right and Inheritance and you shall enjoy it with as much freedom and willingness 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 murthered 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 Captain Lilburne it is true I am a Judge made by my Sovereign Lord the King according to his right by Law and so in a special manner am his Servant and Councellour 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 Rigour and hath the life of a man in tenderest and highest estimation and therefore it is the duty of a Judge by Law to be of counsel with the Prisoner in things wherein by his ignorance he falls short of making use of the benefit of the Law especially when he is upon the Tryal of his life Yea and 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 seem any mistakes to appear in circumstances of Formalities to rectifie you For 't is 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 you defence and according to the Laws 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 assign me what Councel I pleased to nominate freely to come to prison to me and to consult and advise with me and help me in point of Law This last he did immediately upon my pleading to the Indictment before any Fact was proved all which is consonant to the declared Judgement of Sir Edward Cook that great Oracle of the Laws of England whose Books are published by speciall Orders 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 Puntillio's thereof run my self with over-much hastiness 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 Bar I cannot chuse but a little demur upon it and yet with all respect to you to declare my desirableness to keep within the bounds of Reason Moderation and Discretion and so to carry my self as it doth become a man that knows 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 Fundamental liberty of an English man in order to his Tryal which is that by the Laws of this Land all Courts of Justice alwayes ought to be free and open for all sorts of peaceable people to see behold and hear and have free access unto and no man whatsoever ought to be tryed 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 Justice Sir the Laws 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 several others have had the Chair and there I stood upon my right by the Laws of England and refused to proceed with the said Committee till by special order they caused their Doors to be wide thrown open that the people might have free and uninterrupted access to hear 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 Books 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 Justice freely to open their Doors for the free access of all sorts and kindes of Auditors And I did refuse as of right to proceed with them till by special order they did open their Doors For no tryal in such cases ought to be in any place unless it be publick open and free and therefore if you please that I may enjoy that Legal Right and Priviledge which was granted unto me by Mr. Miles Corbet and the rest of that Committee when I was brought before them in the like case that now I am brought before you which priviledge I know to be my right by the Law of England I shall as it becomes an understanding Englishman who in his actions hates deeds of darkness holes or corners go on to a tryal But if I be denyed this undoubted priviledge I shall rather dye here then proceed any further And therefore foreseeing this beforehand and being willing to provide against all jealousies of my escape the fear of which I supposed might be objected against me as a ground to deny me this my legal right and therefore beforehand I have given my engagement to the Lieutenant of the Tower that I will be a faithful and true prisoner to him He enlarged himself as to other particulars but these being the most material as to the relation of some passages of his Life I thought it necessary to insert them He having these requested freedoms granted him from Judge Keble his tryal went on which because of it self it is a large printed volume I shall onely hint at some things not to be omitted in it After he had ended his Speech Judge Keble told him that his requests were granted bid him look behinde him the Doors were open Mr. Prideaux the Atturney General excepted against the favour done him of the liberty of his Speech as at the beginning of his arraignment he had denyed to hold up his hand he further expressed that the Commission for the Tryal
of Mr. Lilburne was for differences betwixt the State and him Master Lilburne desired that Master Prideaux might be excepted against as his enemy one of the faction of the Court against his life Judge Keble told him that he spoke irrationally and indiscreetly he having so fair respect and so free a hearing to except against so great a Minister of the Court afterwards Judge Jermyn a sound Lawyer but a better forenoon then afternoons man said That since Master Lilburne begun to plant his Ordnance against the Authority of the Court that the Court did sit by a lawful Authority derived from the Parliament the supreme Authority of England that he was accused of High Treason had his Jury of Freemen of London Citizens men of religious integrity he instanced many cases to him concluding that he desired him to put himself upon his Tryal by Law and to hear with patience those offences of Treason were laid to his charge Master Lilburne notwithstanding continued to use several arguments against the Commission of Oyer and Terminer which he knew to be that by the virtue of which they did sit and since he was to be tryed for his life he desired to hear their Commission read but since they had denyed him that he desired all his friends to take notice how contrary to reason and equity they dealt with him Judge Keble urged him still not taking notice of his Traverses to hold up his hand at the Bar which he explained to him was no more but a special notice that the party is the man inquired for and therefore if he were John Lilburne the man that was charged he bid him but say that he was the man and that he was there and that should suffice Lilburne accordingly said I am John Lilburne Son to John Lilburne Judge Jermyn afterwards to perswade him to hold up his hand gave him two reasons why that custom had been alwayes used First for notice that those who are called for capital and criminal offences that they should hold up the hand to declare that they are the men Secondly he said that a pure innocent hand did set forth a clear and unspotted heart for which reason he bid Mr. Lilburne hold up his hand if he refused to do it he deprived himself of the prime benefit of the customs of England Master Lilburne still quibling with the Court and refusing Judge Keble gave order that the Indictment should be read to which purpose Master Broughten read Hold up your hand Master Lilburne and hearken to the charge thou standest indicted of High Treason by the name of John Lilburne late of London Gentleman for that thou art a false Traytor not having the fear of God before thy eyes but being stirred up and moved by the instigation of the Devil c. After he had read it out Master Broughton said What saist thou John Lilburne art thou guilty of this Treason of which thou standest indicted or not guilty Lilburne answered That by the Laws of England he was not to answer questions against or concerning himself Another Judge said Master Lilburne by the Laws of the Land you are to plead to your charge and it is no accusing of your self to say you are guilty or not guilty Master Lilburne instanced the Petition of Right to the former purpose he also excused himself as he was ignorant of the formalities of the Law having none of the Law Books in English and therefore fore them to take away his life in a Language he understood not was extream hard therefore he humbly desired to have Councel assigned him to consult with Judge Keble told him he could not grant him that favour it was not consistent with the Law Master Lilburne still refused to plead without Councel withal he said he was not guilty in any of the treasons in manner or form as they were laid down in the Indictment pointing to it and withal said Now I have pleaded and crave the Liberties of England that you will assign me counsel Master Boughton said By whom wilt thou be Tryed Lilburne replyed By the known Laws of England and a legal Jury of his equals constituted by Law One of the Clerks said you must say by God and your Countrey Master Lilburne said he never read in the Laws of England that he was to plead in that manner Judge Keble explained the word Countrey to him saying By it was meant a Jury of his equals Master Lilburne desired as he had bin a prisoner seven moneths deprived of Books that he might have a reasonable time allowed him to prepare himself for his Plea and Defence or else to knock him in the head in the place where he stood for he must needs be destroyed if they denyed him the means of his preservation After many of his evasions Judge Nichols told him that if he would not be lead by the proceedings of Law it would be worse for him Master Lilburne instanced the freedom of his Tryal at Oxford the Judges in effect told him that he was now at London on a different manner of fact He answered they might murther him if they would observing Master Prideaux the Atturney General whispering Judge Thorpe in the ear he said on the Bench It was not lawful for a Judge to be whispered To which Judge Thorpe replyed that as he was the prosecutor of the State against him he might confer privately with him Master Lilburne quoted to the contrary Cooks Institutes the third part Cap. Treason upon which Judge Keble took him up short and said that if he would not come to something and behave himself according to the bounds of Reason and Law he would cause his Jury to be returned Master Lilburne replyed that he desired to have the priviledge of the Laws of God which he said he himself must acknowledge to be the Law of England and he was sure that the Law of God was that they should do as they would be done by now he said it could not be by the Laws of God for his adversaries to have the helps of all manner of councels by snares quirks tricks and provocations to take away his life and for him to be denyed the benefit to consult with any to preserve himself against such potent malice Judge Jermyn answered the question was not whether the Law of God and the Law of reason and the Law of man may be consonant to each other and whether the Court or John Lilburne shall be Judges thereof that was the question Master Lilburne crying for all equity to himself but allowing the Court none Judge Keble said further that when a man had done such treasonable things that it was the Law of God that he should answer directly and positively whether he were guilty or no and if he answer not guilty and they be not fully proved against him there is no more to be said After some other trifling pro and con Master Lilburne compared the prerogative that he said the Judges made
pleaded first to my Indictment that you would not take exceptions nor advantage against me for my ignorance in the formalities of the Law I desire you to make good your promise now unto me and assign me Counsel to help my ignorance that so the Counsel against me and my Counsel may agree as I have seen it done hereofore in the case of Duke Hambleton upon the points of fact from which Law is to be deducted and if you please to grant me this legal and equitable favour I shall think my self very much obliged unto you without which justice I cannot conceive upon what ground it can be apprehended I can go on for my time and strength now it is so far spent that I conceive you cannot think my body is made of steel to stand here four or five hours together spending my spirits to answer so many as I have to deal with and be able after all this to stand to return an answer to above five hours charge and that upon life when it seems you will suffer me to mend no blots I hope you do not lie upon the catch to weary and tire me out by putting more upon me then a horse is able to endure and then go about to hang me because I through tiredness want bodily strength and abilities to make and pronounce my defence Sir to my apprehension there does arise upon the matter of fact divers disputes in Law I beseech you therefore allow me my right in Law by assigning me Counsel to help me where I am ignorant and you shall see I shall do that which shall become an ingenuous and rational man and I will put my self clearly upon the Trial of the Countrey or my Jury according to the Law The Lord Keble replyed Mr. Lilburne This that you have heard and that we have patiently sat to hear and prepared a stool for you to have sat upon to have given you that liberty that no body should interrupt you more then us you have heard the fair course that hath been taken in it The Books the charges upon the matter they are but three they are not hard for your memory The particulars of those we do not expect that the Jury should remember them the Books are here they have of them but amongst them there are many more but free your self from the matter of fact if you can and these Books and when you have freed your self from the matter of fact charged upon you and then make it appear that from the matter of Fact Law arises and then if you can when the matter of Fact is clear and Law doth arise you shall have Counsel and you shall have no defect in us to interrupt you but to help you in what we may properly know as our right to do but if you do not first clear and make out this which is the issue upon the point to answer the matter ouf Fact we cannot allow you any Counsel the thing that is to be disputed cannot possible be much on your side it will be but very short for it is not possible I say to be much in time or confusion of your memory to give an answer to this particular matter of Fact the first is the publishing of those Books and the owning of them and the next is the Books themselves But this must be first cleared before you can have any Counsel assigned you at all Now it was high time for Collonel John to pretend that he was tired out he requested the Court for a Chamber-pot which was granetd him afterwards he fell to it back and sides Sayes he Well seeing I must to it the will of God be done but his brother being next to him was heard to press him to pause a little more No brother saith he my work is done I will warrant you by the strength of God I will knock the nail upon the head and so he went into the Bar and set the Chair before him and laid his Law Books open upon it in order as he intended to use them and being ready said Sir I humbly crave the favour since it is my hard lot and fortune at least in my own apprehension to have so much hard measure and injustice as I have to know whether or no you will permit me after that I have pleaded to a matter of Fact according to the Law of England that has been allowed to the highest Traytors in all the Books that I have read of that I may speak in my own behalf unto the Jury my Countrey-men upon whose consciences integrity and honesty my life and the Lives and Liberties of the honest men of this Nation now lyes who are in Law Judges of Law as well as Fact and you onely the pronouncers of their Sentence Will and Minde I say I desire to know when I have pleaded to matter of Fact whether you will be pleased to give me leave to speak to them a few words besides Lord Keble Master Lilburne quietly express your self and you do well the Jury are Judges of matter of Fact altogether and Judge Cook sayes so but I tell you the opinion of the Court they are Judges of matter of Law Mr. Lilburne The Jury by Law are not onely Judges of Fact but of Law also and you that call your selves Judges of the Law are no more but Norman Intruders and indeed and in truth if the Jury please are no more but Ciphers to pronounce their Verdict Judge Jermyn replyed Was there ever such a damnable blasphemous heresie as this is to call the Judges of the Law Ciphers Sir I entreat you give me leave to read the words of the Law then for to the Jury I apply as my Judges both in the Law and Fact Sayes the Lord Keble We will not deny you a tittle of the Law Sayes Judge Jermyn Let all the hearers know the Jury ought to take notice of it that the Iudges that are sworn that are twelve in number they have ever been the Iudges of the Law from the first time that ever we can read or hear that Law was truly exprest in England and the Iury are onely Iudges whether such a thing were done or no they are onely Iudges of matter of Fact Mr. Lilburne sayes I deny it here 's your own Law to disprove you and therefore let not me but read it it is a hard case when a man is upon the Tryal of his life that you will not suffer him to read the Law to the Jury for his own defence he was sure they have caused to be read at large those Laws that made against him Lord Keble said But I shall pronounce to clear the righteousness of that Law whatsoever others will pretend against it that know it not Master Lilburne replyed Sir under favour I shall not trouble my self with any thing but what is pertinent to my present purpose here is the first part of Cooks Institutes it is owned by all the Lawyers that I
this while having the subtlety not to acknowledge his own hand which occasioned Master Atturney Prideaux to say you may see the valiantness of the Champion for the peoples Liberties he will not own his own hand Master Lilburne said he denied nothing but would have them to prove it For his other Book an Impeachment of High Treason against Oliver and his son-in-Son-in-law Henry Ireton late Members of the late forcibly dissolved House of Commons presented to the publick view by Lieutenant Collonel John Lilburne close Prisoner in the Tower of London Mr. Atturney said My Lord I doubt he will not own it Mr. Lilburne said again he should deny nothing he had done but he had read the Petition of Right which taught him to answer no questions against himself he said that he had read that it was practised by our Saviour Christ and his Apostles our Saviour answering Pilate with onely Thou sayest it For as to his Preparative to the hue and cry after Sir Arthur Haselrig the Lieutenant of the Tower said it was true that Lieutenant Collonel Lilburne gave him such a Book in the Tower but he could not say whether that was the same Book he delivered him Mr. Nutleigh and Mr. Radny two Witnesses put Mr. John shroudly to his shifts He was come to St. Francis his equivocation when one askt him that was newly robbed which way the thief went he stretching out his arm said not this way meaning through his sleeve For his Book called The Legal Fundamental Liberties of England the Atturney General did not put much weight upon that as also of his Book De salva libertate but he proceeded to produce an Act of Parliament of the fourteenth of May 1649. declaring what offences should be adjudged High Treason which were read over The chief clauses that Master Atturney insisted upon against Mr. Lilburne were these That if any person shall maliciously or advisedly publish by writing printing or openly declaring that the said Government is usurped tyrannical or unlawful or that the Commons assembled in Parliament are not the Supream Authority of this Nation These sayes Mr. Atturney we shall joyn together with Mr. Lilburnes books to which making particular application he inferred that Mr. Lilburns Books were accordingly trayterous to which purpose he caused the Clerk to make particular references to several pages of his Books Master Prideaux causing these words to be read out of one of Master Lilburns Books That the Parliament are usurping Tyrants and their new thing called their Councel of State undoubtedly the most if not all of them must go to Tyburn or Tower-hill there by the Halter or Ax to receive their just deserts to which he affixed Amen There is an Amen pronounced to us sayes Mr. Atturney let him have it that deserves it and according to the Atturneyes direction several pages of his Books were still quoted and read on then Mr. Atturney exprest himself to the Court to this purpose sayes he My Lords if I should say nothing more to the Iury but what hath been instanced and said there is pregnant proof already but yet my Lord further to prove the malice of Mr. Lilburnes heart and that he did intend to subvert and destroy the Parliament he caused the Clerk to read some other passages of his Books out of which he proved that he had blown a Trumpet for all his friends to take up Arms against the Parliament to which purpose he went about to seduce the Army which he calls his fellow Countrey-men Thus I have already exprest the particular advantages that might be for the Atturneys Plea to Master Lilburns detriment to the proving of no less then High Treason through several pages being quoted successively throughout every Book to that determined purpose Mr. Lilburne after he had compared the Judges to the Scribes and Pharisees and their usage of himself to Christ closing to his former expression Thou sayest Mr. Prideaux they are my Books he bid him prove it Mr. Prideaux speaking to the Jury said Gentlemen there are proofs enough and too many that he had no more to say to them but that if they respected the government of the Parliament the honour of the Councel of State the honour of the Nation or of the Army or the preservation of the Law they could not but say that the prisoner was guilty of such crimes and treasons as he was lawfully accused of and accordingly they could not but finde him so He ended that he desired the Act of Treason might be made use of Master Lilburne again pretended himself to be tired and oppressed but at the present not being understood he desired that he might refresh his body with the air which could not be obtained All this while he struggled out a little respite at last after these lingerings the Judge resolvingto be no longer delayed commanded the Chair to be taken away for it grew late Now it was time for Master Lilburne to show himself a right Collonel Iohn after his so long baffling and fooling of the Judges he was Counsel to himself he pleaded his own Cause with such subtilty with such a perfect recollection of all the former transactions of his Tryal and withal indisputably confident of his Jury he knew he could not tread awry he being left invulnerable except in the heel which was onely in his own most necessary inscrutable reservations he closed his long speech of clearing himself with some necessary insinuations to the Jury where the strength of this Sampson did chiefly lie To them he declared the integrity of his life his merits and the hard usage he had received from the present Government being interrupted he earnestly desired the Jury to take notice of the blood-thirsty cruelty and malice of his enemies all the while soundly clawing of his Jury with such words that he was happy in the care and conscience of his honest Jury fellow Citizens and Freemen of England who were to be the Conservators and Judges of his life having in themselves the Judicial power of the Land the Judges that sit there being no more if they pleased but as Ciphers to pronounce the sentence of their Clerks to say Amen They being at the best in their originals but the Norman Conquerers Obtruders He called his Jury the keepers of his life at whose hands if they did not do him justice the Lord would require his blood he desired the Lord God omnipotent to direct then the Governour of heaven and earth and all things therein contained to go along with them and give them counsel to do that which is just for his glory the people with one voice crying Amen Amen Which made the Judges look untowardly about them and caused Major Gen. Skippon to send for three fresh Companies more of Foot Souldiers After which Mr. Atturney General told the Jury that they had heard the evidence in the behalf of State laying the business to their conscience that they should be careful to do justice
have heard it often discoursed that he writ on the window with the point of his Diamond reflecting on the then present affliction of his Marriage these words John Donne done and undone But long were they not there but Mr. Donne got himself enlarged and soon after his two Friends and long it was not ere the edge of his Father-in-laws passion was taken off by the advice of some Friends who approved his Daughters choice and although at present he refused to contribute any means that might conduce to their livelihood yet did he bestow upon them his Paternal Blessing and secretly laboured his sons restauration into that place of which his own rashness had bereft him although it found no success The Lord Chancellour replying That though he was sorry for what he had done yet it stood not with his credit to discharge and re-admit Servants at the request of passionate Petitioners And now Mr. Donne by means of his Father-in-law being brought out of employment the greatest part of his portion by many and chargeable travels wasted the rest disburst in some few Books and dear bought experience was surrounded with many and sad thoughts And indeed no apprehension of discourtesie strikes so deep into a man as to receive it from those where we expect the greatest courtesies certainly he who hurts his son-in-Son-in-law cannot chuse but harm his own Daughter Neither is it enough for him to say he repenteth him of what he hath done unless withal he endeavor for him a new employment and allow him maintenace so long as he is out of it As did this good Knight Sir George More who repenting of his errour gave Master Donne a Bond to pay him eight hundred pound at a certain day as a portion with his Wife and to pay him for their maintenance twenty pound quarterly as the Interest of it until the said portion were paid Master Donne during the time of his Father-in-laws displeasure was curteously entertained by their noble Kinsman Sir Francis Wally of Pirford where he remained many years who as their charge encreased for she had yearly a childe so did he encrease his love and bounty Sir Francis dying he for a while kept house at Micham near Croyden in Surrey but being importuned by his friends he left Micham and had a convenient house assigned him by that honourable Gentleman Sir Robert Drury next his own in Drury-Lane who not onely gave him his dwelling rent free but was also a daily cherisher of his studies And now was he frequently visited by men of greatest learning and judgement in this kingdom his company desired by the Nobility and extreamly affected by the Gentry his friendship was sought for of most forreign Ambassadours and his acquaintance entreated by many other strangers whose learning or employment occasioned their stay in this kingdom Divers of the Nobility interceeded for his preferment at Court and great hopes was given him of some State employment his Majesty having formerly known and much valued him was much pleased to hear his learned disputes frequently used as they sat at meals About this time was that great dispute in England concerning the Oaths of Supremacy and Allegiance in which the King had ingaged himself who talking occasionly with Mr. Donne concerning some arguments urged by the Romanists received such satisfactory answers that he commanded him to state the points and bring his reasons to him in writing which within six weeks he performed with such contentment to the King that he perswaded him to enter into the Ministery to which Mr. Donne seemed to be modestly unwilling his modesty apprehending it too weighty for his abilities his friends also knowing how his education had apted him mediated with his Majesty to prefer him to some civil employment but the King having a descerning spirit replyed I know Mr. Donne is a learned man will prove an excellent Divine and a powerful Preacher Which caused this learned King again to sollicit him to enter into Sacred Orders which yet he deferred for the space of three years applying himself in the mean time to an incessant study of Textual Divinity and attained to an admirable perfection in the Greek and Hebrew Tongues Soon after his entring into this holy profession the King made him his Chaplain in ordinary he attending his Majesty in his progress to Cambridge the University knowing his worth with a universal consent made him Doctor in Divinity Immediately after his return home his Wife dyed leaving him the careful Father of seven Children living having buried five to her he promised never to bring them under the subjection of a step-mother and although his age being but forty two years might promise the contrary yet kept he his word faithfully burying with his most dear and deserving Wife all his sublunary joyes in this world and living a retired life applyed himself wholly to the exercise of Divinity And now his preaching and godly conversation was grown so eminent that fourteen Advowsions of several Benefices were offered unto him in the Countrey but he having a natural inclination to London his Birth-place refused them and accepted of a Lecture at Lincolns-Inne being glad to renew his intermitted friendship with them where he continued for the space of three years constantly and faithfully dispensing the word of God and they as freely requiting him with a liberal maintenance About which time the Palsgrave usurping the Crown of Bohemia much trouble arose in those kingdoms for the composing whereof the King sent the Earl of Carlile then Viscount Doncaster his Ambassador to those unsettled Princes and by a special command from his Majesty Doctor Donne was appointed to go along with him which accordingly he did to the great comfort of that vertuous Lady the Queen of Bohemia who very gladly received him as the Ambassadour of Christ and during his abode there being a constant hearer of his most excellent and powerful preaching Within fourteen moneths he returned home and about a year after his return the Deanry of Saint Pauls being vacant by the removal of Doctor Cary to the Bishoprick of Exeter the King bestowed the same upon him at his entrance into the Deanry he repaired the Chappel belonging to his house Suffering as the Psalmist hath it his eyes and temples to take no rest untill he had first beautified the house of God Soon after the Vicarage of Saint Dunstans in London fell to him by the death of Doctor White with another Ecclesiastical endowment about the same time Thus God blessed him that he was enabled to be Charitable to the Poor His Father-in-law Sir George More coming to pay him the conditioned sum of twenty pound he refused it saying as good Jacob said when he heard his Son Joseph lived It is enough you have been kinde to me and careful of my Children and I thank my God I am provided for therefore I will receive it no longer and not long after freely gave up his Bond of eight hundred pounds But
in one shew you the wonder of our times such a Proteus as few ages can produce such another he having like Ishmael every mans hand against him and his against all Who more violent against the Hierarchy of the Bishops then he none more against King and Kingly Government then he how violent was he aganst the House of Lords and they being down and another Government established without King and Lords he sets himself against that too such an opposite and Antagonist to all forms of Government whatsoever that he might fitly be compared unto the Rainbow which is never on that side of the world that the Sun is but wheresoever it appears it is in opposition against the Sun But to come to his Life he was Son to Richard Lilburne of the County of Durham during his miniority an Apprentice in London near London-stone to one Mr. Hewson a a dealer in Cloath whom he served about five years his Master declining his trade he moved him that he might have his liberty to provide for himself to which purpose he went into the Countrey to have the consent of his friends and afterwards made a voyage into Holland Before this his transportation he had made his ends having been of such an insinuating spirit that he won the love of some silly Schismaticks who for his strange though empty expressions deemed him as they have done others one inspired So that by that time he came out of his time and had served his Apprentiship who but Lilburne of note amongst the Sectaries his approbation desired and his counsels followed in all tumultuous and factious transactions It happened during the imprisonment of Doctor Bastwick censured for libelling by the Archbishop of Canterbury divers persons affecting the said Doctor out of their love resorting to him amongst the rest one of them took John Lilburne with him as his associate after plenty of chear Doctor Bastwick to solace his guests read to them his Lettany which he had written against the Prelates which Book was highly pleasing to them all Lilburne also hearing the said Lettany read and knowing that whatsoever was written in defiance of that power then generally hated would be very acceptable he desired of Doctor Bastwick to have a copy of one of them with which he would travel beyond Sea and cause it to be printed not doubting to be enriched by it the winde of this fancy transported him over Sea accompanied with a fellow whose fidelity he doubted not there he printed many Books and by them got much money selling them even at what rates he pleased afterwards coming into England bringing with him his printed trinkets hoping to have a new Mart the fellow that accompanied him was his betrayer who gave information to the Archbishop of Canterbury both where Lilburne and his Libels were who immediately dispatched a Pursivant with plenary authority who attached Lilburne and seized on his Books which were all afterwards burnt Lilburne himself was committed to the Fleet and refusing to take his Oath in the Star-Chamber was by them fined five hundred pound and censured to be whipt from the Fleet to Westminster and afterwards to stand in the Pillory which accordingly was executed and because he fell into a long speech against the Bishops and their Hierarchy they caused him to be gagged wherein he continued an hour and a half But the times altering the Bishops being Voted down by Parliament and a War ensuing betwixt them and the King these his sufferings caused him to be looked upon by the Parliament who preferred him to the Office of Lieutenant Collonel in their Army wherein he behaved himself most gallantly particularly at Brainford where he with about 700. men withstood the Kings whole Army about five hours 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 act he was taken prisoner without Articles or capitulation and was by the King and his Party then lookt upon as one of the most active men in the whole company and should have been therefore Tryed for his life had not he by his wit avoyded the same by sending to the Parliament who thereupon sent a Letter to Oxford threatning them with lex talionis they having at the same time many of their great eminent men prisoners in the Tower Warwick Castle and other places which put a period to all further proceedings against him and freed him by an exchange Returning to London he begins to set abroach his factious opinions writing a Pamphlet wherein he termed the Laws Norman innovations with other unparallel'd speeches all which he sent to Judge Reeve who himself or some other for him made a complaint unto the Lords who immediately summoned him to appear before them which accordingly he did where being commanded to kneel at the Bar he refused saying That he had learned both better Religion and manners then to kneel to any humane or mortal power how great soever with many other aggravating and ambitious speeches which committed him close prisoner first to Newgate and afterwards to the Tower where he continued above twelve moneths together but this not a whit calmed his spirit but was rather like Oyl cast on the fire finding occasion from these his troubles and imprisonments to enveigh more bitterly against the Government and Governours then in being terming the Parliament to use his own words in his scurrulous pamphlets A pack of dissembling juggling knaves a company of tyrants the most perfidious false faith and trust-breakers that ever lived in the world and ought by all rational men to be most detested of all men that breathe treacherous self-seeking usurpers of the name and power of a Parliament most treacherously to do what they list Saying That Corah Dathan and Abiram were never more against Authority as the General viz. the Lord Fairfax and his Councel nor the Anabaptists at Munster with John of Leidon and Knipperdolling were never more contemners of Authority nor Jack Straw and Wat Tyler nor all those famous men mentioned with a black pen in our Histories These with infinite other railing tearms his pamphlets are stuffed and farced withal not fit to be bestowed on the most inveterate enemies can be encountred in this Life the young Gentleman was very prodigal of such Rabshekah expressions as his impudence was most conducing to his desperate designs c. For these and many other single rapired expressions of the nature contained in several Books which he wrote he was committed to the Tower and by a special Commission of Oyer and Terminer tryed upon a Charge of High Treason at the Guild Hall in London October 24 25. 26. 1649. Many were the Commissioners that sat upon his Tryal and multitudes of Spectators that came to behold it I have inserted his Tryal thus at large not onely as in respect of the
use of to Nebucadnezzar that endeavoured to destroy Daniel by his prerogative as he was to be thrown into the Lions Den making this application that if they would not allow him councel to consult with to make a Plea for his life it was a vain thing for him to spend any more words Judge Keble the afterwards President of the High Court of Justice replyed Mr. Lilburne this language is but the sparks of that venemous heat that is within you and they may burst out to prove you guilty before us and in our presence if so be that you are charged with without any other proof or proceedings for you may do it I tell you that you may do it where you stand therefore take heed what you say Mr. Lilburne replyed Sir I have cast up my account and I know what it can cost me he blest God he had learnt to dye having alwayes carryed his life in his hand for about twelve years together Judge Keble replyed he should not now lay it down if he did not destroy or cast away the Common-wealth but if he went about to destroy the Common-wealth the Common-wealth would destroy him Master Lilburne replyed he desired nothing but councel and to produce his witnesses Mr. Prideaux the Atturney General answered that if Master Lilburne had these concernments granted to him it would be a president for all future times by means of which there would be no ends of Tryals in criminal cases and that it was a wonderful strange thing to him that when the prisoner had pleaded the usual way that they did not immediately proceed to Tryal He did desire that Master Lilburne might be dealt with all legal just and fair preceedings of the Court he did desire accordingly the proceedings of the Common-wealth be so too that Master Lilburne may be without delay according to the Law proceeded against for his notorious Treasons Judge Keble immediately said well Mr. Lilburne the Court is very tender not to take up any of your time you have heard what was declared to you there that Master Atturney hath made Process against you returnable to morrow at seven of the Clock and therefore to spend more time would be your loss and dammage the Sheriffs of London are to take care to return the Jury to morrow morning and therefore the Court doth adjourn till seven of the Clock to morrow in the morning in the mean time they commit the prisoner at the Bar to the Lieutenant of the Tower again a prisoner Judge Keble said that he had more favour then any prisoner in England ever had for by the Laws of England in matters of Treason whereof Master Lilburne is indicted he ought to have been Tryed presently and immediately and because all the world shall know with what candor and justice the Court doth proceed against him we deferred time till to morrow morning which is the Courts extraordinary favour and the doors are wide open that all the world may know it Mr. Lilburne said Sir I can shew you a hundred presidents to the contrary to disprove what you say Judge Keble bids adjourn the Court Mr. Lilburne humbly thanked the Judges for their extraordinary favour and so the Curtains were drawn for that day the Court having adjourned till the next morning the Prisoner was remanded to the Tower The 26. of October the Friday following he was brought to the Bar with his Brother Collonel Robert Lilburne his Sollicitour Master Sprat and some other of his friends being hardly admitted Judge Keble saying your Brother shall not stand by you there I will onely have one hold your Papers and Books and the rest not to trouble you therefore let them come out of the Court. Master Lilburne pleaded for his Councell instancing Major Rolfes Tryal at Oxford about his intent to poison the King where he had Councell allowed him to which Judge Keble subtlely answered Mr. Lilburne when you come to Tryal you shall see there will be no need of Councel the Court will be instead of Councel to you nay the Court if they see matter of Law for Councel though you do not ask it they will give it you and therefore set your heart at rest for if there be any thing Rational in Law that we can spy out as well as your Councel wee 'l help you in it Master Lilburne answered Sweet Sir I pray but one word more if you deny me what the Law affords me and that which hath been granted to the Law by Cavalier Judges yea and by your fellow Judges who are now in power at this day the Lord deliver me from standing in need of you to be my Councellours Sayes Keble we are upon our lives as well as you Master Liburne replied No by your Favor not in so eminent a manner Judge Keble replied we are upon our lives and our souls to all eternity Master Lilburne desired to be heard one word Judge Keble said he would hear no more Upon which Master Prideaux desired the Court would proceed and not prolong time being he had pleaded not guilty and had confessed someting Lilburne replied No sir you do me wrong and abuse me I never confessed any thing neither did I plead not guilty he said his Plea was conditional grounded on their promises not to take any advantages of his ignorance in their Formalities Judge Keble exasperated at his obstinacy cried out Go on be silent Master Lilburn desired that at least they would let him hear the grand Jury speak for he understood from some of themselves that they never found him guilty but do conceive themselves wronged by some words yesterday that passed from some of the Judges he desired to hear them speak Judge Keble desired him to be rational a word he often used and that he would be silent and hear the Court he told him he could lose no more time to hear him he bid the Crier call the Jury the Crier called and Master Lilburne earnestly prest to be heard but could not Master Lilburne desired to see their faces Judge Keble warned Master Sprat Johns Sollicitour not to talk to the Prisoner he said he might stand and hold the Books but he should not come near the Prisoner to talk to him as he had done the day before Master Lilburne said that the Law allowed a stander by to speak in the Prisoners behalf at the Bar much more to whisper to him but more especially if he were his Sollicitour The Crier called the names Miles Petty William Wormwell John Sherman Thomas Dainty Ralph Ely Edward Keiser Edward Perkins Ralph Packman Francis Woodall William Commins Henry Hauson Roger Jenkenson Joshua Hammond Richard Allen Richard Nevil John Main Henry Jooley Arthur Due Roger Sears John Mayo Henry Jooley Arthur Due Roger Sears The Cryer said you good men of the City appear Stephen Jues John Sherman Ralph Ely Roger Jenkenson Roger Sears John Mayo Nicholas Murren The Clerk of Court sayes to the Jury here is your
Prisoner at the Bar presented before the Court here take your Jury of Life and Death if therefore Master Lilburne you will challenge them or any of them you must challege them before that they go to be sworn Cryer Every man that can inform my Lords the Justices and the Atturney General of the Commonwealth against Master John Lilburn Prisoner at the Bar of any Treason or Fellony committed by him let them come forth and they shall be heard for the Prisoner stands upon his deliverance and all others bound to give their attendance are upon pain of forfeiture of their Recognizance to come in Master Lilburne desired to be heard a few words the Judge told him he must talk in his legal time and take legal exceptions and then he should be heard till midnight Master Lilburne desired to be heard he said he did not know the faces of two men that were read to him therefore he desired that he might have time to consider of them Judge Keeble told him that he ought not to have it Master Lilburne desired the Judge that he would at least vouchsafe him to have some friends by him that are Citizens of London that knew them to give him information of their quality and conditions without which he said they might as well hang him without a Tryal Mr. Sprat or Master Robert Lilburn challenged one of the Jury which the Judge excepted against and commanded the Fellow in the white cap should come out there pull him out Master Lilburne replied that they did not deal civilly according to their own Law and now there was a full noise the whole cry was to pull down the Stag of the Petition of Right The Jury being called he excepted against several persons of the Jury six lived about Smithfield one in Gosling-Street two in Cheapside two in Broad-street one in Friday-street After his particular exception Master Broughton proceeds and reads his Indictment Hold up thy hand John Lilburne Thou standest here indicted of High Treason by the name of John Lilburn late of London Gentleman for that thou as a false Traytour not having the fear of God before thine eyes but being stirred and moved up by the instigation of the Devil didst endeavour not onely to disturb the peace and tranquility of this Nation but also the government thereof to subvert now established without King or House of Lords in the way of a Commonwealth and a free State and happily established and the Commons in Parliament assembled being the supream Authority of this Nation of England to disgrace and into a hatred base esteem infamy and scandal with all the good true and honest persons of England to bring into hatred that is to say that thou the said John Lilburne on the first day of October in the year of our Lord 1649. and on divers other dayes and times both before and after in the Parish of Mary the Archess in the Ward of Cheap London aforesaid of thy wicked and devillish minde and imagination falsely malitiously advisedly and trayterously as a false Traytor by writing and imprinting and openly declaring that is to say by a certain scandalous poysonous and trayterous writing in paper entituled A salva libertate and by another scandalous poysonous and trayterous Book entituled An Impeachment of High Treason against Oliver Cromwel and his son-in-son-in-law Henry Ireton Esquires late Members of the late forcibly dissolved House of Commons presented to publick view by Lieutenant Collonel John Lilburn close Prisoner in the Tower of London for his real true and zealous affection to the liberties of this Nation and by another scandalous poysonous and trayterous Book imprinted and entituled An Out-cry of the yong men and Apprentices of London or an inquisition after the lost fundamental Laws and Liberties of England directed August 29. 1649. in an Epistle to the private Souldiers of the Army especially all those that signed the solemn Engagement at New-Market Heath the fifth of June 1647. but more especially the private Souldiers of the Generals Regiment of Horse that helped to plunder and destroy the honest and true hearted Englishmen trayterously defeated at Burford the fifteenth of May 1649. And also by another scandalous poysonous and traiterous Book intituled The legal fundamental liberties of the people of England revised asserted and vindicated didst publish that the Government aforesaid is tyranical usurped and unlawful and that the Commmons Assembled in Parliament are not the Supreme Authority of this Nation and further that thou the said John Lilburne as a false Traitor God before thine eyes not having but being moved and led by the instigation of the Devil endeavouring and maliciously intending the Government aforesaid as is aforesaid well and happily established thou the said John Lilburne afterwards that is to say the aforesaid first day of October in the year of our Lord 1649. aforesaid and divers other dayes and times as well before as after at London aforesaid that is to say in the Parish and Ward aforesaid London aforesaid maliciously advisedly and traiterously didst plot contrive and endeavour to stir up and to raise force against the aforesaid Government and for the subverting and alteration of the said Government and to do those wicked malicious and traiterous advisement to put in execution c. and thou the said John Lilburne afterwards that is to say the aforesaid first day of October in the year of our Lord 1649. aforesaid and divers dayes and times as well before as after at London aforesaid that is to say in the Parish and Ward aforesaid of thy depraved minde and most wicked imagination in and by the aforesaid scandalous poysonous and trayterous book Intituled An impeachment of high Treason against Oliver Cromwel and his son-in-son-in-law Henry Ireton Esquires late Members of the late forcible dissolved House of Commons presented to publick view by Lieutenant Collonel John Lilburne close prisoner in the Tower of London for his real true and zealous affection to the Liberties of his native Countrey falsly maliciously advisedly and traiterously didst publickly declare amongst other things in the said Book those false scandalous malicious and traiterous words following but my true friends meaning the friends of the said John Lilburne I meaning the foresaid John Lilburne shall here take upon me the boldness considering the great distractions of the present times to give a little further advice to our friends aforesaid from whose company or society or from some of them hath been begun and issued out the most transcendent clear rational and just things for the peoples liberties and freedoms That the foresaid John Lilburne hath seen or read in this Nation as your notable and excellent Petition of May the 20th 1647. burnt by the hand of the common-hangman recorded in my book called Rash Oaths Unwarrantable page 29 30 31 32 33 34 35. with divers Petitions of that nature and the Petition of the 19th of January 1648. recorded in the following discourse page 45 46 47 48. and the
Masculine Petition of the eleventh of September 1648. so much owned by petitions out of several Counties yea and by the Officers of the Armies large Remonstrance from Saint Albones the sixteenth of November 1648. page 67.68 69. the subtance of all which I thou the aforesaid John Lilburne meaning conceive is contained in the printed sheet of paper signed by my fellow prisoners Mr. William Walwin Mr. Richard Overton and Mr. Thomas Prince and my self dated the first of May 1649. and intituled The Agreement of the free people of England which false scandalous and traiterous Book called the Agreement of the people of England tends to the alteration and subversion of the Government aforesaid the principles of the aforesaid Agreement I meaning your self the said John Lilburne hope and desire you the friends of the aforesaid John Lilburne meaning will make the final centre and unwavering standard of all your desires hazards and endeavours as to the future settlement of the peace and Government of this distressed wasted and divided Nation the firme establishing of the principles therein contained being that onely which will really and in good earnest marry and knit the interest what ever it be that dwels upon them unto the distressed or oppressed Commons of this Nation Not to instance the particular application how these and his other Books were stigmatized more at large in the Indictment as also his traiterous intents purposes and designs to their extent displayed The Indictment being reading and the noise of the people in the Hall great the prisoner said he could not hear and had some few lines before read over to him Master Lilburne therefore prayed the people to hold their peace Gentlemen I beseech you be quiet speaking to the people Lord Keeble replyed Quiet you your self we will quiet them for you The Cryer said If any man can give any Evidence to my Lords the Justices of Oyer and Terminer against Mr. John Lilburne let him come in and he shall be heard Master Lilburne desired to be heard to speak two or three words Lord Keeble said It is not a fit time you shall be heard in your due time but hear what the witnesses say first Master Lilburne replyed He conceived he was much wronged in saying that he pleaded not guilty for he pleaded no such plea I appeal to the Court and to all that heard me whether I pleaded any such plea for before I pleaded the Court became engaged to me to take no advantage of my ignorance of the formalities of the Law and promised to give me as much priviledge as my Lord Duke of Hambleton and others enjoyed before the Court of Justice By your favours said he I pleaded conditionally and now I make my absolute Plea to the Indictment which was this that he excepted against the matter and form of it in matter time and place and humbly craved Counccel to assign and plead to the errors thereof He beseecht them to hear him a few words Sir with favour he humbly craved liberty to speak a few words he said I shall keep me close to that which is my right and my duty and that is to the matter of Law in my Indictment There are many things put into the Indictment by the Testimonies of Witnesses now sworn that are pretended to be acted in several Countries whether that be according to Law or no I do not know whether you will judge it so or no but sure I am if either those express Statutes that I have already cited to the Jury or the third part of Cooks Institutes be Law I ought not to be tryed for Treason but by a Jury of the next Neighbour-hood in the self-same County the fact is pretended to be committed in and therefore it is very questionable to me whether my Indictment be legal for that it chargeth me with facts of treason committed in three several Counties and that being matter of Law I desire Counsel to argue that point in the first place There are also a great many other exceptions I have to make against the Illegality of the Indictment and having particularized one I humbly crave that which is my right by Law that I may have Counsel assigned to me you have said you will do what shall become ingenious and understanding men and just Judges in it and therefore I crave leave according to my undoubted Right to have Counsel assigned to plead in matters of Law to the insufficiency of the Indictment and particularly to that point I have nominated There are also a great many things arise out of the matter of fact that will be points of Law likewise and some of them appear to be so there were never two clear and positive witnesses to one fact sworn against me but to most of the particular Treasons there is but one a piece and I cannot yield tha to be legal but questionable in the Law which I desire Counsel to dispute I know not any of all the Books fixed upon me but the Out-cry that hath two plain witnesses to it and yet it is not sworn that I am the Author of it the state of the first is this that I was at the Printers before the Copy was taken away and that I gave one of those Books to a Souldier to sum up the Notes of the matter of fact that thereon hath been endeavoured to be proved is too hard a task to be done by me immediately and therefore I conceive it but just for you to assign me Counsel to agree with the Counsel against me what are the points of fact upon the proof from which the points of Law are to be deducted and whatever you that call your selves my Judges may think of this yet I hope and verily believe that these my honest fellow Citizens that are the Gentlemen of my Jury who have thereby as men the issues of my life and death in their hands and will think it but a just and rational motion and request and therefore before them again I desire to have Counsel assigned to plead in Law to the errours of the Indictment and also to the Law arising upon the fact this with a larger priviledge was granted by one of your own brother-Judges to Major Rolfe last year as his right by Law and I do again appeal to Mr. Justice Nichols then one of Rolfes Counsel for the truth of this I pray speak Sir is it not true but the Judge sitting as if he had neither life nor soul Mr. Lilburne further said I hope Sir it doth not enter into your thoughts presently to put me to an undigested extemporary answer to so large an Indictment as that is that hath been read against me that it is possible for any mans brain if it were as big as the biggest Magazine in London to carry it in his head and Sir I hope you do not conceive that my memory is of a greater largeness then the greatest Magazine in this City you engaged unto me when I
know or ever heard of in England for good Law Judge Keble answered If you can convince us that matter of Law does concern you the Iury you say something Mr. Lilburne answered Sir I have been shuffled too much out of my Liberties already give me leave to read but the Law to the Jury I will make use of nothing now to them but your own words and when I have done I will leave my self to them and the guidance of God upon their conscience and having the Book open in his hand he said in the first part of Cooks Institutes sex 366. fol. 226 227 228. in his Exposition of Ployden hath these words The Lord Keble answered Have we dealt so fairly with you all this while pray be confident those that are quotations there are not for your purpose but I thought how good a Lawyer you were for to set Cooks Commentaries upon Ployden when there is no such Book or Commentary go to your matter of Fact which is clear but for this let it fall down and spare your self and trouble your self no more with Cook he has no Commentary upon Ployden But Master Lilburne prest to speak Judge Iermyn cryes out Hold Sir Mr. Lilburne replyes What will not you allow me liberty to read your Law O unrighteous and bloody Judges Judge Iermyn answers By the fancy of your own minde you would puzzle the Iury we know the Book a little better then you do there is no such Book as Cooks Commentary upon Ployden The Lord Keble said Sir you shall not read it Judge Iermyn sayes he cannot be suffered to read the Law he had broached an erroneous opinion that the Iury are Iudges of the Law which is enough to destroy all the Law in the Land there was never such a damnable heresie broached in this Nation before The Cryer cryes out Hear the Court. Master Lilburne answers Do your pleasure then here I le dye Jury take notice of their injustice but seeing they will not hear me I appeal to you and say It is an easie matter for an abler man then I am in so many interruptions as I meet with to mistake Ployden for Littleton I am surehere is Cooks Commentaries upon Littleton and these be his words In this case the Recognitors of the Assize may say and render to the Justices their Verdict at large upon the whole matter which I am sure is good Law forasmuch as we see it continually done in all actions of Trespass or Assault where the Jury doth not onely judge of the validity of the proof of the Fact but also of the Law by assigning what damages they think is just Lord Keble said I am sure you are in an errour in a gross one as possible a man can be in this is so gross that I thought it could not have come from Master Lilburne that professeth himself to be a rational and knowing man Master Lilburn goes on And in another place he saith For as well as the Jurors may have Cognizance of the Lease they also as well may have Cognizance of the condition And further there Cook saith Here it is to be observed that a special Verdict or at large may be given in any Action and upon any Issue be the Issue General or Special And in Section 368. Littleton hath these words Also in such Case where the Inquest may give their Verdict at large if they will take upon them the knowledge of the Law upon the matter they may give their verdict generally Cooks words upon it are fully to the same purpose who saith Although the Jury if they will take upon them as Littleton here saith the knowledge of the Law may give a general Verdict I am sure this is pertinent to my purpose and now I have done Sir The Lord Keble replyes You have spent a little time but you have done your self no good I thought you had understood the Law better then I see you do Master Lilburne Now Sir as to matter of Fact according to your own desire seeing you have broke your promise and will allow me no Councel but lye at catch with me sayes he I shall come to it without any Preamble The Statute of the 1 Edward 6. Chap. 12. I desire the Jury may take notice of the Statutes and the 5. and 6. of Edward the sixth Chap. 11. here 's the Statute Book which doth expresly declare That no man shall be condemned for Treason petty Treason nor any such like Crimes but by the Evidence and clear proof of two legal and sufficient Witnesses Sir Edward Cook in his third part Institutes Chapter of High Treason is absolutely of the same opinion folio 12 In this branch sayes he four things are to be observed First this word proveablement proveably that is upon direct and manifest proof not upon conjectural presumptions or inferences or strains of wit but upon good and sufficient proof of two Witnesses and this is folio 12. And here in the Adverb proveablement proveably hath a great force and signifieth a direct and plain proof And secondly This word attaint necessarily implyeth that he be poceeded with and attainted according to the due course and proceedings of Law and not by absolute power or by other means as in former times it hath been used And folio 24. Chap. Petty Treason he saith It hath been holden that upon the Tryal of misprision of Treason there must be two lawful Witnesses as well upon the Tryal as the Indictment as it was resolved by the Justices in the Lord Lumleys case Hill 14. Eliz. reported by the Lord Dier under his own hand and in the margent he hath this note upon it That this is the last resolution of the Judges upon it And a litttle below in the same folio and folio 25 he saith Therefore upon the Indictment which is in manner of an accusation by the Statutes of 1. Edward 6. Cap. 12. 5. 6. Edward 6. Cap. 11. Two lawful Witnesses are requisite And in folio 240. he hath the same his words are these Attainders of Treason c. ought to be upon plain and direct evidence as before is said for if the party be executed restitution may be had of his Lands but never can be had of his life Now I have done Sir Lord Keble I hope the Jury hath seen the Evidence so plain and so fully that it doth confirm them to do their duty and to finde the Prisoner guilty of what is charged upon him J. Iermyn This that you have said makes much for the Iury. Afterwards there were several witnesses examined Mr. Thomas Newcomb as to a Book he printed the last sheet of it entituled The Apprentices Out-cry which Mr. Newcomb by circumstances acknowledged was taken before it was perfected Afterwards John Took John Skinner Thomas Lewis John Hawkins John Merriman the Witnesses were sworn all which Master Lilburne did so order with his Queries and confident Questions that they were at their wits ends Mr. Lilburne all
Mr. Lilburne enforced this as his main argument to the Jury that there were none that swore as to his hand that there was no Book proved his and if that of the agreement of the people were his it was before the Acts had a being or were in print Master Atturney replyed Mr. Lilburne these are but your own glosses the Iury answers to the matter of Fact they are upon their Oaths sworn to do things that are just and right My Lords said he I leave the evidence to them all that he had more to say was that Mr. Lilburne since he came before the Lords had not so much as owned the Power of the Court but often called them Cyphers and the like Mr. Lilburne desired that the Jury might read the first Chapter of Queen Mary in the Statute Book and the last Clause of the Chapter in the 13. of Queen Elizabeth but Judge Keble when according to the custom he was to speak to the Jury said That Mr. Lilburne had cited two Statutes to prove that there must be two Witnesses whereas if there were but one Witness to each Fact it were enough in Law and therefore he said Gentlemen of the Jury what you have heard must not stick with you you are not bound affirmatively to have two Witnesses but that one Witness where the circumstances concur that is sufficient that which should prevail with you was to consider the strength of the accusation which rested in the Books and did consist of three heads which were laid down in the Books themselves First the so far vilifying the Parliament and State as it was now establisht in England The second lookt on the counsels and incitations of Mr. Lilburne for the stirring up of Tumults Motions and Wars in the Nation The third are the things cited in the Books to that end and purpose to divide the Army These he said were the three main charges and these the Books that came from him did so plainly testifie that the Books were proved to be his they were fit Judges of and it clearly appeared by those his Books that these things were his invention He coucluded that these Books being admitted he said that never man that acted the highest of Treasons as he had done had so much liberty as he nor any man of his condition or any condition in England that was indicted in such case ever had a Tryal in such a Court such an Auditory such a Presence as he had Mr. Lilburne replyed the more was his sorrow he had rather it had been any where else The Judge enlarged himself that his plot was of such a nature that it struck at no lefs then the subversion of the Common-wealth that there was never such another did proceed from a private man as he was and therefore he desired the Masters of the Jury to look into their consciences as he said to them they having plainly before their eyes that there was not in one particular a single testimony but was aggravated with several circumstances Therefore as he said they being proper Judges of matter of Fact being of the same Countrey if they fully apprehended the dangerous things plotted in Mr. Lilburnes Books they would elearly finde that never was the like Treason hatcht in England so in Gods name as the prisoner did lead to their consciences he desired them to go and do Other petty transactions and cross answers passed betwixt Mr. Lilburne and his Judges not worth the taking notice of the Jury went forth at four of the Clock the Court adjourned till six the Court commanded the Lieutenant of the Tower and the Sheriffs to carry the prisoner to the Irish Chamber which they did the prisoner staid about three quarters of an hour and the Jury being come to the Court again the prisoner was sent for and after the Cryer had caused silence the Jurors names were called over again the Clerk askt them if they were agreed the Jury answered yes the Clerk askt who should speak for them the Jury said the fore-man The Cryer said John Lilburne hold up thy hand what say you look upon the prisoner is he guilty of the Treasons charged upon him or not guilty the fore-man answered not guilty of all of them The Clerk replyed not of all the treasons or of any of them that are laid to his charge The fore-man answered No not of all nor of any one of them The Clerk said again did he fly for the same the fore-man replyed No. Which no he pronounced with a loud voice immediately the whole multitude of people in the Hall for joy of the prisoners acquittal gave such a loud and unanimous shout as is believed was never heard in Guild-Hall which lasted for about half an hour without intermission the Bells being rung and Bonefires made in most Streets in London That night divers of Master Lilburnes friends went to the Judges the Parliament and Councel of State by whose importunities and by the help of the Lord Grey of Groby Collonel Ludlow Mr. Robinson and Collonel Martin his discharge was procured I shall close up the large particulars of this so eminent a Tryal with what I heard reported one merrily said That the Jury-men very well deserved the Medalls that Collonel John presented them with and that their own Pictures needed not to be cut for they had engraven them themselves and had questionless made admirable draughts for future Juries to coppy out the Liberties of the Subject Lilburne having thus gotten his liberty with some repute for practice attended the Committees in nature of a grand Informer or Sollicitour pleading in all causes where he might have any advantage thereby yea some report him so corrupt in his practice as his own Party were ashamed of him which if true he was the more inexcusable having vehemently cryed out against the same in the Lawyers and might with shame apply the Poets words to himself Turpe est Doctori cum culpa redarguit ipsum Unto a Teacher it 's no small disgrace When his own faults reprove him to his face About the same time were dangerous insurrections and horrible riots committed in the North the occasion thus at the expence of 175046. pounds or thereabouts there was drained or laid dry 160000 Acres of land lying contiguous within the Counties of York Lincoln and Nottingham not worth before three shillings and four pence an Acre one with another the which was made worth some ten other twelve yea some twenty shillings an Acre in the Mannor of Epworth was 7400. Acres which had been peaceably possessed by the Drainers and their assigns the space of ten years but several persons envying them the benefit accrewing thereby in a tumultuous manner came into the level and breaking down the fences destroyed and laid waste above 4000. Acres of drained Land and pulled down several houses standing thereon Others afterward several dayes during the flowing of the spring tide violently forced open a Sewer called Snow-Sewer planted upon
for the fafety of my life I am forced to print an Apology and because you are named in it I judge it but man-like to send you a Copy of it And if I had not been travelling last post-day I had sent to you then And I have also by this post sent to a friend three sheets of paper in writing to communicate to your Lordship The which if you please to read them you will finde that you are deeply concerned in them I have no more to say to your Honour but to desire God for you if it be his pleasure to make you speedily as righteous in actions as you were some years ago in declarations and to take leave to say I am yet as much honest John Lilburne as ever I was in my life that neither loves flattery nor fears greatness or threatnings His Wife also sollicites the General for a pass which though not granted yet over he comes so confident he was that at Canterbury in his way to London he presently begins to boast of his own interest in England saying He had no need of a pass being as good a man as Cromwel and that he did not fear what he could do unto him Yet notwithstanding his monstrous confidence he was committed to prison and by order of Parliament tryed for his life at the Sessions House in the Old-Bailey August the 20. 1653. where he pleaded that the Act whereupon he was Indicted was a lie a falshood that it had no Law nor Reason in it That the Parliament could not make any Act of Parliament since the Kings head was cut off that by the same Law they voted him to death they might vote his honest twelve Jury men calling Jehovah to witness and protesting before God Angels and Men that he was not the John Lilburne intended in the Act whereupon this Jury following the example of the former satisfied with his answers and not questioning the validity of the Act found him not guilty Thus you see what endeavours were used to rid the Nation of him by tryals banishment and what not though in vain when as many a more heroick spirit and gallant heart far transcending him in birth and parts have fallen by the Sword of Justice in the twinkling of an eye truth it is he was a man of a restless and invincible spirit that could never be deterred with threats nor won with favours though as it is reported 3000. pounds was given out of the sale of Theobalds as a sop to stop his mouth he was questionless of a most implacable spirit working and restless as the Sea not to be appeased but with the blood of his adversaries nor can I deny but some of those things he aimed at were honest and useful for the people but he steered not the right course to attain those ends It may be admired at by some how such an illiterate person as Lilburne one whose breeding promised him more skill in his last trade of Sope then in Cook or to have had better judgement in rusticity in a Plow then in Plowden who from this low rise mounted no higher then to inferiour employments until in the late Wars he somewhat advantaged and preferred himself by his Sword I say it may seem strange to some how this person thus qualified should come to have so much knowledge and understanding in the Law for answer to which it is to be understood that Mr. Lilburne had formerly turned over some Statute Books in which he had made a small progress and that afterwards at such time as he was committed in the Tower there remained a prisoner there though for a different Cause that heart of Oak and a pillar of the Law Judge Jenkins who finding Lilburne of an accute Wit and one who dared to speak what some pusilanimous spirits were afraid to entrust their thoughts with he selected him as fit person to bandy against the present Government and by weakening their power to advance his Masters interest hereupon he helps him with tools wherewith to let up his trade so that in short space Magna Charta and Cooks Institutions were made his familiars by which means he quickly grew so cunning a gamester that like unto a cat throw him never so high he would be sure to pitch upon his feet Thus the old Judge and another reverend Divine in his learned volume of prophecying publisht to hook in the Independant party so strangely mistook themselves as that they could not have done their own cause a greater mischief But the Squib is now almost run to the end of the Rope we shall in the last place present our Proteus in the shape of a Quaker the person that converted him was a single-hearted Shoe-maker as he terms him in his Letter to his Wife which he writ to her from Dover Castle whither he was committed by the Parliament part whereof for your further satisfaction I have transcribed though curtail'd you have Mr. Johns own words to his Wife It is not much material what part of it I begin with such Quaking Cantings being to be read backwards like the Hebrew The contents follow And so in much mercy and endeared loving kindness as God did in my great straits in the Bishops time provide and send unto me a poor despised yet understanding Priscilla to instruct me in or expound unto me his wayes more fully and perfectly whom I am compelled now to tell thee I shall love and respect therefore the longest day I live upon the earth let her continue by whomsoever to be judged never so rigid or contemptible so here at this place he hath also provided for me an Aquila being a contemptible yet understanding spiritually knowing and single-hearted Shoe-maker to do the same now to my spiritual and no small advantage refreshment and benefit by means of all which I am at present become dead to my former bustling actings in the world and now stand ready with the devout Centurion spoken of Acts 10. To hear and obey all things that the lively voice of God speaking in my soul shall require of me upon the further manifestation of whose glorious presence my heart with a watching fear and care desires to wait and to walk faithfully and tenderly and humbly in that measure of light already received c. In another place he thus insinuates with his Wife to gain her to his opinion And now my dear love for whom my soul travels with God for thy eternal good with the same sincere heartedness as for my own hoping that thy late out-fall and mine was but for a set season that so as Divine Paul in another sense speaks Philem. 15. thy reconciliation and mine again might now remain firme in love for ever And a little after I therefore earnestly entreat thee not to cumber thy self in thy many turmoylings and journeyings for my outward liberty but sit down a little and behold the great salvation of the Lord. Subscribing his Letter thus Thine in the strength of
place in less then four hours time he destroyed them all to their inestimable detriment not sixty of his own men being lost But to return into England June the 20. 1657. the Protector with great pomp and magnificence was installed at Westminster the Parliament then sitting to which purpose at the upper end of Westminster Hall a rich Cloath of State was set up and under it a Chair of State placed upon an ascent of two degrees covered with Carpets and before it a Table with a Chair appointed for the Speaker of the Parliament and on each side of the Hall upon the said structure were Seats raised one above another and decently covered for the Members of Parliament and below them Seats on one side for the Judges of the Land and on the other side for the Aldermen of the City of London About two of the Clock in the afternoon the Protector met the Parliament in the Painted Chamber and passed such Bills as were presented to him after which they went in order to the place appointed in Westminster Hall the Protector standing under the Cloath of Estate the Lord Widdrington Speaker of the Parliament addrest himself to him in this Speech May it please your Highness You are now upon a great Theatre in a large Chore of people you have the Parliament of England Scotland and Ireland before you on your right hand my Lords the Judges and on your left hand the Lord Major Aldermen and Sheriffs of London the most noble and populous City of England The Parliament with the interposition of your sufferage makes Laws and the Judges and Governours of London are the great dispensers of those Laws to the people The occasion of this great convention and intercourse is to give an investiture to your Highness in that eminent place of Lord Protector a name you had before but it is now settled by the full and unanimous consent of the people of these three Nations assembled in Parliament you have no new name but a new date added to the old name the 16. of December is now changed to the 26. of June I am commanded by the Parliament to make oblation to your Highness of four things in order to this Inauguration The first is a Robe of Purple an Embleme of Magistracy and imports righteousness and justice when you have put on the vestment I may say and I hope without offence that you are a Gown man This Robe is of a mixt colour to shew the mixture of justice and mercy which are then most excellent when they are well tempered together Justice without Mercy is wormwood and bitterness and Mercy without Justice is of a too soft a temper for government for a Magistrate must have two hands Plectentem Amplectentem The next thing is a Bible a Book that contains the holy Scripture in which you have the honor and happiness to be well versed This is the Book of life consisting of two Testaments the old and new In the first we have Christum velatum Christ in Types Shadows and Figers in the latter we have Christum revelatum Christ revealed This Book carries in it the grounds of the true Christian Protestant Religion it s a Book of Books it contains in it both precepts and examples for good government Alexander so highly valued the Books of his Master Aristotle and other great Princes other books that they have laid them every night under their Pillows These are all but Legends and Romances to this one Book a Book to be had alwayes in remembrance I finde it said in a part of this Book which I shall desire to read and it is this Deut. 17. And it shall be when he sitteth upon the Throne of his Kingdom that he shall write a copy of this Law in a Book out of that wich is before the Priests and the Levites And it shall be with him and he shall read therein all the dayes of his life that he may learn to fear the Lord God and to keep all the words of his Law and those Statutes to do them That his heart be not lifted up above his Brethren and that he turn not aside from the Commandment to the right hand or to the left to the end he may prolong his dayes in his Kingdom he and his Children in the midst of Israel The next thing that I am to offer to your Higness is a Scepter not unlike a staff for you are to be a staff to the weak and poor it 's of ancient use in this kinde it 's said in Scripture in reference to Judah the Royal Tribe That the Scepter shall not depart from Judah It was of like use in other kingdoms and governments Homer the Prince of the Greek Poets calls Kings and Princes Scepter-bearers The last thing is a Sword not a Military but a Civil Sword a Sword rather for defence then offence not to defend your self onely but others also the Sword is an Embleme of Justice The noble Lord Talbot in Henry the Sixths time wrote upon his Sword Ego sum Talboti propter occidendum inimicos meos This Gallant Lord was a better Souldier then a Critick If I might presume to fix a Motto upon this Sword it should be this Ego sum Domini Protectoris ad protegendum populum meum I say this Sword is an Embleme of Justice and is to be used as King Solomon used his for the discovery of truth in the points of Justice I may say of this Sword as King David said of Goliah's Sword There is none like this Justice is the proper vertue of the Imperial Throne and by Justice the Thrones of Kings and Princes are established Justice is a Royal vertue which as one saith of it doth employ the other three Cardinal Vertues in her service 1. Wisdom to discern the nocent from the innocent 2. Fortitude to prosecute and execute 3. Temperance so to carry Justice that passion be no ingredient and that it be without confusion or precipitation You have given ample testimony in all these particulars so that this Sword in your hand will be a right Sword of Justice attended with Wisdom Fortitude and Temperance When you have all these together what a comely and glorious sight is it to behold A Lord Protector in a purple Robe with a Scepter in his hand a Sword of Justice girt about him and his eyes fixt upon the Bible Long may you prosperously enjoy them all to your own comfort and the comfort of the people of these three Nations The Speech being ended Master Speaker came from his Chair took the Robe and therewith vested the Protector being assisted therein by the Earl of Warwick the Lord Whitlock and others Which done the Bible was delivered him after that the Sword girt about him and last of all he had the Scepter delivered him These things being performed Master Speaker returned unto his Chair and admimistred him his Oath in haec verba I do in the presence and by the