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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A96856	The triall, of Lieut. Collonell John Lilburne, by an extraordinary or special commission, of oyear and terminer at the Guild-Hall of London, the 24, 25, 26. of Octob. 1649. Being as exactly pen'd and taken in short hand, as it was possible to be done in such a croud and noise, and transcribed with an indifferent and even hand, both in reference to the court, and the prisoner; that so matter of fact, as it was there declared, might truly come to publick view. In which is contained all the judges names, and the names of the grand inquest, and the names of the honest jury of life and death. Vnto which is annexed a necessary and essential appendix, very well worth the readers, carefull perusal; if he desire rightly to understand the whole body of the discourse, and know the worth of that ner'e enough to be prised, bulwork of English freedom, viz. to be tried by a jury of legal and good men of the neighbour-hood. / Published by Theodorus Verax.	Lilburne, John, 1614?-1657.; Walker, Clement, 1595-1651.	1649 (1649)	Wing W338; Thomason E584_9; ESTC R203993	161,048	170

THE TRIALL Of Lieut. Collonell JOHN LILBURNE By an extraordinary or special Commission of Oyear and Terminer at the Guild-Hall of LONDON the 24 25 26. of Octob. 1649. Being as exactly pen'd and taken in short hand as it was possible to be done in such a croud and noyes and transcribed with an indifferent and even hand both in reference to the Court and the Prisoner that so matter of Fact as it was there declared might truly come to publick view In which is contained all the Judges names and the names of the Grand Inquest and the names of the honest Jury of Life and Death Vnto which is annexed A necessary and essential Appendix very well worth the Readers carefull perusal If he desire rightly to understand the whole body of the Discourse and know the worth of that ner'e enough to be prised bulwork of English Freedom to be tried by a Jury of legall and good men of the Neighbour-hood Published by THEODORUS VARAX Esther 4. vers 13. and Isa 12. v. 2 3 4. Then Mordecai commanded to answer Esther Think not with thy self that thou shalt escape in the kings house more then all the Jews Behold God is my Salvation I will trust and not be afraid for the LORD JEHOVAH is my strength and my song he also is become my salvation Therefore with joy shall ye draw water out of the wells of salvation And in that day shall you say Praise the LORD call upon his Name declare his doings among the people make mention that his Name is exalted Printed by Hen. Hils in St. Thomas's Southwark THE TRYALL Of Leiut Colonell JOHN LILBVRNE At the Guild-Hall of London the 24 of Octob. 1649. being Wednesday THe Commissioners Names of the extraordinary Commission of Oyer and Terminer for the Tryall of Lieut. Col. John Lilburne thus followeth Thomas Andrews Lord Mayor Richard Keble L Commissioner Phylip Jermyn Justice of the upper Bench. Tho. Gates Baron John Puleston Justice of the Common Pleas. Francis Thorpe Barron Member Rob. Nicolas Member Justices of the upper Bench. Richard Aske Justices of the upper Bench. Peter Warburton Justice of the Common Pleas. Alexander Rigby Barron but absent Sir Thomas Fowler Sir Henry Holcroft Sir Will. Row Sir Richard Saltonstall Sir Richard Sprignall Sir John Wooliston Sir William Roberts John Green Sergeants at Law John Clarke Sergeants at Law John Parker Sergeants at Law William Steele Recorder John Fowke Aldermen Thomas Foote Aldermen John Kendrick Aldermen Thomas Cullum Aldermen Simon Edmonds Aldermen Samuell Avery Aldermen John Dethicke Aldermen Rob. Titchburn Aldermen John Hayes Aldermen Henry Proby Common Sargeant Thomas Brigandine Nathaniell Snape Edward Rich. Owen Roe Tobias Lisle Austin Wingfield Richard Downton Daniell Taylor William Wihend Silvanus Taylor At the Guild-Hall of London the 25. of October 1649. being Thursday at the Tryall of Lieut. Col. John Lilburne O Yes made All persons that were adjourned to the Court required to make their appearance The Lieutenant of the Tower of London Col. Francis West called to bring forth his prisoner according to the precept Whereupon Col. West Lieut. of the Tower brought up the prisoner out of the Irish Chamber where he had been some time before the sitting of the Court and was guarded by the said Lieutenant and a speciall Guard of Souldiers besides And being brought to the Barre the Sheriffs of London were directed to take the prisoner into their Custody Silence Commanded Cryer John Lilbnrne hold up thy hand Lieut. Col. Lilburne Directed himself to Mr. Keble one of the Keepers of the great Seal as the President of the Court and said to this purpose Sir will it please you to hear me and if so By your favour thus All the priviledge for my part that I shall crave this day at your hands is no more but that which is properly and singly the Liberty of every Free-borne Englishman viz. The benifit of the Lawes and Liberties thereof which by my Birth-right and Inheritance is due unto me the which I have fought for as well as others have done with a single and upright heart and if I cannot have and injoy this I shall leave this Testimony behind me that I dyed for the Lawes and Liberties of this Nation and upon this score I stand and if I perish I perish And if the fact that I have done cannot be justified by the Law of England let me perish I mention none of this for the gaining of mercy or by way of merit no I scotne it for mercy I crave from none but from the hands of my God alone with whom I hope and am assured one day to rest whom I have set before my eyes and so walked as believing I am alwaies in his presence in whose power my confidence is fixed whom I take and own to be my stay my stafe my strength and support and in whom I rest as the life of my life and whom I hope to meet with joy when this fading and uncertaine life shall have an end to live with him in glory and blessednesse for evermore And therefore because I would not willingly trouble you with many words to cause you to spend your time impertinently therefore Sir in reference to the Court I shall crave but so much liberty from you as was given to Paul when he pleaded for his life before the Heathen Roman Judges which was free liberty of speech to speak for himself the which I now humbly crave as my right not onely by the Law of God and man but also by the Law light of Nature And I shall do it with that respect reason and judgement that doth become a man that knows what it is to plead for his life I hope God hath given me ability to be master of my own passion and indowed me with that reason that will dictate unto me what is for my own good and benefit I have severall times been arraigned for my life already I was once arraigned before the House of Peers for sticking close to the Liberties and Priviledges of this Nation and those that stood for them being one of those two or three men that first drew their Swords in Westminster-Hall against Col. Lunsford and some scores of his associates At that time it was supposed they intended to cut the throats of the chiefest men then sitting in the House of Commons I say for this and other things of the like nature I was arraigned by the Kings speciall Command and Order the 1. of May 1641. I mention it to this end that when I came before the House of Peers where was about three or fourescore Lords then sitting at the beginning of the Parliament who then were supposed the most arbitrary of any power in England yet I had from them free liberty of speech to speak for my life at their Barr without check or controll in the best manner all those abilities God had given me would inable me and when I was at Oxford I was again arraigned

of the danger of the man they may do it before ever they see him The next thing you are upon is the wrong and injustice that you received by the proceedings in the Star-chamber against you you see the proceedings there have been questioned and you justified if there be any thing else that hath been by others in the North or elsewhere acted there is no man here that will justifie them in their evil but for a private man as you are to tell us of them here and to come and tell us to our faces that we are Created and constituted by the Atturny General we will not suffer it nor further hear of it and therefore M. Lilburn although you have spoken fair words and happily more then your friends expected from you I must tell you that words are but words and it were well that you would do as well and as Rationally as becomes a Rational man as you have declared you will Lieut Col. Lilburn With your favour but one word more Judge Jerman M. Lilburn pray spare a word and hear the Court this Court sits here by lawful Authority and that is from the Parliament that are the Supreme Authority of England so that our Power is not derived from those that have no Rightful Authority to constitute us but our Power is from the Publick Authority of England which is now by an Admirable act of Gods providence lately but truly revived and settled by God upon them By that Authority this Court doth now sit and you are brought here before them that are most of us Judges of the Law and we are sworn to do you and every man justice and right according as his cause requires according to Law Judgement equity and reason And it was said truly that which my brother Heath who now is dead did say It s the the duty of the Judges to be of Councel with the Prisoner at the Bar before him and to do that which they are sworn to do and that you shall have and accordingly you have received more favour then ever I heard of a Prisoner that was accused of Treason in my life ever had And as for the Commission I must tell you it is usual to have Commissions of Oyer and Terminer and that even in Terme time for high offences and such as tend to the destruction of the Nation as Overburies did and those that tend to Capital Treason whereof you are now accused by a Grand-jury of London that are Free-men of London Citizens able men men of Religion men of Estate men of Conscience men of quality these are your accusers who have found you upon their Oaths guilty of Treason and cry out to us the Judges for justice against you and it is they not we that proceeds against you And as for our Commission it is according to the good old Laws of the Land founded upon the Statute made in Edward the firsts time called Westminster the second That Statute Authorizeth Commissions according to that Commission we sit by here this day and Edward the first was a wise and a good Prince and consented to the People to let them have such Commissions as ours we sit by is which the People had fought stoutly for in the Barrons wars in his Fathers time and also in his for he himselfe was taken Prisoner at Lewes in the County of Sussex and being a wise Prince he knew that the love of the people was not more to be got then by wholsome and safe lawes that every mans life and every mans estate and every mans liberty might be preserved by and not be subject to any Arbitrary Will or Power but that the sober and discreet and wise Lawes of the Kingdome which our Ancestors won by their swords might be their protectors a speciall one of which was this Statute of Westminster the second made in Edward the Firsts time by vertue of which Statute is this Commission directed to the Justices of the one Bench and the other and they be all here this day but onely those that of necessity must attend at Westminster onely to preserve the Terme Nou you are come to answer to that Charge which hath been the greatest opposition to the settlement of Government that can be I mean the settlement of the Supreme Authority of the Nation in the Commons now assembled in Parliament not newly erected but revived into the right place and hands for it is the Law of England revived that the Supreme Authority is in the * But by his favour never before practised nor used without both King and Lords a president of which he is desired to shew and produce out of any of his Law Books Commons assembled in the Parliament of England For so it was in the Saxons time and in the Romans time and in all times * But there was before the Conquest neither Innes of Court Lawyers nor Term Iudges in England but onely twelve good and legal men chosen in each Hundred finally to decide all controversies which lasted till William the Conqueror subdued that excellent Constitution and instead thereof introduced by His Will and Sword contrary to His Solemn Oath three several times taken the intolerable bondage of Westminster Hall or Term Judges and their Outlandish or Norman Law Practise in the French Tongue as all the English Chronicles universally and truly declare it hath bin as it is now which will sufficiently justifie our present Proceedings against you and therefore I say for the Commission it self it is in general for the Tryal of all Treasons what-soever But the grand Inquest have found out no other Traytor that they may accuse but Master John Lilburn who is now here at the Bar But it is not a bare accusation but it is the solemne Verdict of almost a double Iury that hath appeared upon the Roll and upon their Oaths do conceive those crimes of Treason that are laid against you to be of so dangerous consequence against the State and Common-Wealth that they do call for Iustice against you as a Traytor already found guilty And therefore I do require you as you are an Englishman and a rational man that you do conform your self and tell us plainly what you will do as in reference to the putting your self upon your Tryal by the Law and hear with Patience those Offences of Treason that are laid to your Charge Lieut. Col. Lilburn May it please you Sir by your favor I shall not now trouble you with many words Lord Keeble You go improperly to work Lieut. Colonel Lilburne That Gentleman I do not know his Name pointing to Judge Iarmen you were pleased to say that I have had more Favour then ever you have heard of any before ever had in the like case But Sir by your Favour I shall tell you of some that in the like case have had as much if not more and that was Throgmorton in Queen Maries time who was impeached of higher Treason than now I am

also the Government thereof to subvert now established without King or house of Lords in the way of a Common-wealth and a free-state and happily Established and the Commons in Parliament assembled being the supreame authority of this Nation of England to disgrace and into a hatred base esteeme infamy and scandall with all the good true and honest persons of England to bring into hatred That is to say that thou the said John Lilburn one the first day of October in the year of our Lord 1649. and in diverse other daies and times both before and after in the parish of Mary the Arches in the ward of Cheap London aforesaid of thy wicked and devilish mind 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 traiterous writing in paper intituled A salva libertate and hy another scandalous poysonous and trayterous Book intituled An impeachment of high treason against Oliver Cromwell and his son in law Henry Ireton Esquires late members of the late forcibly desolved House of Commous presented to publike view by Lieutenant Colonell John LiIburn close prisoner in the Tower of London for his reall true and zealous affections to the liberties of this Nation and by another scandalous poysonous and traiterous Book imprinted and intituled An out-cry of the young men and apprentices of London or an inquisition after the lost fundamentall laws and liberties of England directed August 29. 1649. in an Epistle to the private soldiers of the Army especially all those that signed the sulemn Engagement at Newmarket-heath the fifth of Iune 1647. but more especially the private Soldiers of the Generals Regiment of Horse that healped to plunder and destroy the honest and true hearted Englishmen traiterously defeted at Burford the fifteenth of May 1649. and also by another scandalous poysonous and traiterous Book intituled The legall fundamentall liberties of the people of England revised asserted and vindicated did publish that the Government aforesaid is tyrannicall usurped and unlawfull and that the Commons Assembled in Parliament are not the supreme Authority of this Nation and further that thou the said John Lilburn as a false Traitor God before thine eies 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 Lilburn afterwards that is to say the the aforesaid first day of October * Note that Mr. Lilburn was imprisoned by the Counsel of State as a Traytor the twenty eight of March 1649. and they there came and after arraign him as a Traytor for actions done above five months after waving all the pretended crimes for which they first imprisoned him in the year of our Lord 1649. aforesaid and diverse other daies 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 doe those wicked malitious and trayterous advisement to put in execution c. and thou the said Jo. Lilburn afterwards that is to say the aforesaid first day of October in the year of our Lord 1649. aforesaid and divers daies and times as well before as after at London aforesaid that is to say in the parish and ward aforesaid of thy depraved mind and most wicked imagination in and by the aforesaid scandalous poysonous and trayterous Book intituled An Impeachment of high Treason against Oliver Cromwell and his son in law Henry Ireton Esquires late members of the late forcibly dissolved House of Commons presented to puhlike view by Lieutenant Colonell Iohn Lilburn close prisoner in the Tower of London for his reall true and zealous affection to the liberties of his native Country falsely malitiously advisedly and trayterously didst publickly declare amongst other things in the said Book those false scandalous malitious and trayterous words following but my true friends meaning the friends of the said Iohn Lilburn I meaning the foresaid Iohn Lilburn shall here take upon * This passage you may read in that Book page 5. me the holdnesse 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 rationall and just things for the peoples liberties and freedomes That the foresaid John Lilburn had seen or read in this Nation as your notable and excellent Petition of May the 20th 1647. burnt by the hands 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 severall Counties yea and by the Officers of the Armies large Remonstrance from Saint Albones the sixteenth of November 1648. page 67 68 69. the substance of all which I thou the foresaid Iohn Lilburn meaning conceive is contained in the printed sheet of paper signed by my fellow prisoners Mr William Walwin M. Richard Overton and M. Thomas Prince and my selfe 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 foresaid Agreement I meaning your selfe the said John Lilburn hope and desire you the friends of the foresaid John Lilburn meaning will make the finall centre and unwavering standard of all your desires hazzards and endeavours as to the future settlement of the Peace and Government of this distressed wasted and divided Nation the firm establishing of the principles therein contained being that only which will really and in good earnest marry and knit that interest what ever it be that dwels upon them unto the distressed or oppressed Commons of this Nation But the principles of the foresaid Agreement being so detestable and abominable to the present * These lines are in pag. 7. ruling men as that which they know will put a full end to their tyranny and usurpation and really ease and free the People from oppression and bondage that it is somthing dangerous to those that goe about the promotion of it yet I shall advise and exhort you meaning the friends of him the aforesaid John Lilburn vigorously to lay all fear aside and to set on foot the promotion of it meaning the said Agreement in the same method we took for the promotion of the foresaid Petition of the ninth of

Kings life before a legall Magistracy when there shall be one again in England which now in the least there is not Mr Att Indeed My Lord and you of the Jury Mr Lilburne is a very great Rooter not a Leveller but a Rooter to root out the Laws of England by the Rootes J There is not Lieut. Col Lilb By your favour Mr Prideaux I knew the time when others said it as well of you and it is not long since you were penned down in a black bill to my knowledge as unsavory Salt with many others to be thrown out of the House of Commons I pray Sir whether were those Rooters that went about to roote up that House by force of Armes or Mr Prideaux and others to give them cause at least in their apprehensions Mr Att My Lord A legall Magistracy in England as now he saith in the least there is not if there be no Magistracy I will conclude there is no Propriety My Lord left in this Nation but Mr Lilburne saith there is no Magistracy and if so then no Propriety Lieut. Col Lilb It would be a very strange Argument that you would inferre I wish you and I were to dispute that in point of Law for our lives that to deny a Magistracy legally constituted according to the Formalities of the Law does not destroy Propriety for indeed Sir propriety is an antecedent to Magistracy and is first in being before it but Sir to end the dispute he that ownes the Law of England as I do that distinguisheth meum tuum can never be a Destroyer of Propriety I wish your practise were as consonant to Propriety as my Principles Mr Prid Read the 2 Page at the marke Clerk Now I say considering that which is before declared I cannot upon any tearms in the world either with Safety Justice or Conscience as things stand with me at present give my consent but hinder as much as I am able all addresses from me or any other that shall own the usurping Tyrants as a Parliament especially by Petition which was a course saith the pretended Parliament Sollicitour against the King in his case stated pag. 24. which Gods people did not take with Reboboam for they never petitioned him although he was their lawfull supreame Magistrate but advised him he refusing their Counsel and hearkened to young and wicked Counsellours and they cry out to thy Tents O Israel and made quick and short work of it Mr Prid My Lord here is words again to make good as aforesaid that the Parliament are usurping Tyrants read also Page 28. Clerk Read on Page 23. in the margent of the said book And if those very things should now be judged Treason as they are and were in the Earle of Strafford I wonder what should become of all our present Juncto at Westminster and their new thing called a Councel of State undoubtedly the most if not all of them must go to Tiburne or Tower-hill there by a halter or axe to receive their just deserts Amen Mr Att There is an Amen pronounc'd to us let him have it that deserves it but to go on Read the 11. page of his book called the Apprentices Outcry Clerk reads 11. page We say considering what is before premised we are necessitated and compel'd to do the utmost we can for our own Preservation and the Preservation of the Land of our Nativity and never by popular Petitions c. addresse our selves to the Men sitting at West-minster any more or to take any more notice of them then as of so many Tyrants and Usurpers and for time to come to hinder as much and as far as our poor despised interest will extend to all others whatsoever from subscribing or presenting any more popular Petitions to them And onely now as our last Paper refuge mightly cry out to each other of our intollerable Oppressions in letters and remonstrances signed in the behalf and by the appointment of all the rest by some of the stoutest and stiffest amongst us that we hope will never apostatize but be able through the strength of God to lay down their very lives for the maintaining of that which they set their hands to Mr Prid Read page 2. Clerk reads on page 2. But even our Parliament the very marrow and soul of all the peoples native Rights put down and the name and Power thereof transmitted to a picktparty of your forcible selecting and such as your Officers our Lords and Riders have often and frequently stiled no better then a mock Parliament a shadow of a Parliament a seeming Authority or the like pretending the continuance thereof but till a new and equall representative by mutuall agreement of the free people of England could be elected although now for subservancy to their Exaltation and Kingship they prerogue and perpetuate the same in the name and under colour thereof introducing a privy Counsel or as they call it a Counsel of State of Superintendency and Suppression to all future Parliaments for ever erecting a martiall Government by bloud and violence impulsed upon us Mr Prid Read page 3. at the marke Clerk Page 3. Trade is decayed and fled misery poverty calamity confusion yea and beggery grown so sore and so extreame upon the people as the like never was in England under the most Tyrannicall of all our Kings that were before these in present Power since the dayes of the Conquerour himself no captivity no bondage no oppression like unto this no sorrow and misery like unto ours of being enslaved undone and destroyed by our large pretended friends Mr Prid Read page 4. Clerk pag. 4. And yet nothing but the groundlesse wills and humours of those forementioned men of bloud rageth and ruleth over us and is this all the returne and fruit that people are to expect from your hands Mr Prid Take his preparative to an hue and cry after Sir Arthur Haslerigge and read page 2. Clerk reads on The Preparative to the hue and cry after Sir Arthur Haslerigge at pag. 2. in the margent that those men that now sit at West-minster are no Parliament either upon the Principles of Law or Reason Mr Prid Read pag. 3. Clerk pag. 3. They promise to amend and to proceed according to the forme of the Law as fully appears in their last fore-mentioned Declaration and severall others as particularly the present Declaration of this present Juncto against Kingship dated the seventeenth of March 1648. Mr. Prid Read pag. 4. Clerk pag. 4. But the said Sir Arthur Haslerigge c. more arbitrarily and more trayterously the Strafford having no pretence of regall legall or Parliamentary Commissions or Authority no not so much as from the present nothing or illegall Juncto or the present illegall thing called the Councel of State Mr John Iordan now member Mr Att My Lord he doth declare who he meanes by Juncto Mr Jurdon a member of the present Juncto the pretended House of Commons in the third place for

or latitude of the Commission be consonant or no to the Petition of Right and other the good old Laws of England for those that now sit at Westminster exercising the Supreme Power by two special Declarations the one dated the ninth of February last and the other the seventeenth of March last have positively declared and called God to witness that they will maintain preserve and defend that excellentest of Laws the Petition of Right as in the seventh page of the last Declaration they call it and that the people of England shall enjoy all the benefit therein contained whether to Life Liberty or Estate with all things incident thereunto and therefore I humbly beg and crave that favor from you that seing to me you appear to be sent in an extraordinary manner not according to the ordinary Customs of the Lawes of England that you will be pleased to let me hear your Commission read that so I may consider of the consonancy thereof to the Petition of Right and other the good old Lawes of England and after the reading of it I hope I shall return you such an answer as doth become a rational and ingenious man who though he hath right to all the Priviledges of the Laws of England and hath read all the declared and plain Laws of England that are to me the fundamentals of all yet the practick part of the Law which are in other Tongues besides the English I cannot read know nor understand and in the Petition of Right and other the good old Fundamental Lawes of England I can find no Foundation or Bottome for such an extraordinary Court as this before my eyes seems to be and therefore I again make it my most humble suit to hear your Commission read Judge Kebell M. Lilburn you are fully heard M. Prideaux Atturney Gen. My Lord the Prisoner at the Barre nor none else have cause to complain that he hath wanted your patience in being fully heard My Lord that which at the begining of his Arraignment you expected from him which was to hold up his hand he denyed and upon his denyal desired liberty of speech to speak and he hath injoyed it But my Lord how pertinent his discourse is to what was proposed to him the Court and all that hear him will judge My Lord I am not here to justifie the actings of those that here he hath complained against but they are a Court they are a Councel and my thoughts are and so ought his to be honorable of them and what they have done my Lord towards him in ordering this Court to try him is but justice My Lord there is no speciall Commission of Oyer and Terminer but a generall Commission and upon that general Commission here is a special presentment of M. Lilburn here at the Barre the general Commission is according to the Law of the Land and upon that special presentment it is expected he may be proceeded against according to Law And for your Commission my Lord that hath been read and published to the Court before M. Lilburn came to the Court and the Court is satisfied with it that it is in the ordinary way and I hope the judgement you will give will declare it to be according to the Law in the ordinary way And as for the Commission it self in the form of it it is not a tittle varied from the ordinary accustomed form But my Lord the Petition of Right Magna Charta the Statutes and all Declarations that have been spoken of they are all confirmed in this and all do confirm it for in that ordinary tract that hath been practised in this Nation for five hundred years is M. Lilburn now to be tryed and that by the old good Lawes of England M. Lilburns Birth-right and every mans else he has his Triall the beginning of which hath been M. Lilburns presentment which is already found by the Grand inquest who are men of Integrity men of ability men of knowledge My Lord he is now to come to his Tryal not in an extraordinary way but by a Jury of good and Legal men of the Neighbour-hood by men that do know my Lord and understand what is fact what is Law * Mark that well for Judge Jermane caled it a damnable Doctrine when Mr. Lilburn declared the Jury were Judges of Law as well as of fact and to do justice indiffer ently between both And my Lord I do know and publish to all that now hear me that the Commission for Triall of M. Lilburn this day for those differences that arebetween the State and M. Lilburn is free in Law from all those exceptions that he is pleased to put upon it and is unquestionably Legal and used for these many hundred yeares together And as for M. Lilburns declaring the fact for which he was Originally imprisoned for to be committed in Surry and therefore there in Law he ought to be Tryed and not here in London being another County As for M. Lilburns Crimes committed in Surry his own Conscience best knows what they are but M. Lilburn at most can but yet guesse at what we intend to Try him here for or lay unto his charge But my Lord if M. Lilburn will please to put himself upon his Trial according to Law my Lord I hope the Court and all that hears and sees their proceedings will receive full satisfaction in the legality and fairness of their proceedings against him and himself the benefit of justice and Law Lieut Col. Lilburn Sir by your favour in two words I shall not be tedious I now perceive who is my accuser and prosecuter the Gentleman that is a very inequal one for he is one of the Creators being a Member of the House of you that sit here this day to be my Judges and therefore an overawing and unfit accuser or prosecutor Lord Keeble M. Lilburn I pray you hear me a word for now you speak not Rationally nor discreetly you have had a fair respect and hearing what you speak of liberties and lawes we come here to maintain them for all and for you too and we also come for to vindicate our actions and as for that you speak of in reference to the Commission I must let you know the Commission is warrantable by the lawes of England for this five hundred years nay and before five hundred years in substance The second thing that you speak to is that you were apprehended in such an hostile manner understanding by law you should have been taken in an ordinary way by an ordinary Officer But M. Lilburn in all apprehensions of Traitors Fellons and Murderers is not the Power of the County to be raised and the Sherife is to call and take what Power he pleaseth Lieut Col. Lilburn By your favour Sir not unlesse I resist which I did not and besides there was no Sherife nor no other civil Officer at my Apprehension Lord Keeble M. Lilburn spare your felf it is as they are informed

under favour I crave but one word more heare mee out I know very well and I read in your own law books such a prerogative as that in cases of Treason no Counsell shall plead against the King hath been sometime challenged to be the Kings Right by Law but let me tell you it was an usurpt prerogative of the late King with all other arbitrary Prerogatives and unjust usurpations upon the peoples rights and freedoms which has been pretended to be taken away with him And Sir can it be just to allow me Counsell to help me to plead for my estate the lesser and to deny me the help of Counsell to enable me to plead for my life the greater Nay Sir can it be j●st in you Judges to take up 7 years time in ending some suits of law for a little Money or Land and deny me a few dayes to consider what to plead for my life Sir all these pretences of yours were but all the prerogatives of the Kings will to destroy the poore ignorant and harmlesse people by which undoubtedly died with him or else only the name or title is gone with him but not the power or hurtfull tyrannie or prerogative in the least Therefore seeing all such pretended and hurtfull prerogatives are pretended to be taken away with the King by those that took away his life I earnestly desire I may be assigned Counsell to consult with knowing now especially no pretence why I should be denied that benefit and priviledge of the law of just and equitable law of England having put my selfe upon a Triall according to the priviledges thereof And it was declared to me at Oxford upon the Triall of my life there after I was taken prisoner fighting against the King and his partie even almost to handi●gripes and to the sword point and to the but● end of our Musquets being in person one of that little number that for many hours together at B●●inford fought with the Kings whole Armie wher 's in the manner without any Articles or composition I was taken a prisoner and immediatly thereupon arraigned at Oxford where notwithstanding all this it was declared to me by Judg Heath to be my right by the law of England to have Counsel assigned me to help me in point of law I had it granted I confesse he is my best Authority that I have and I am sure he was a Judg of the law or else I had never pleaded to him he was upon hisoath to doe justice and right and he was an able and understanding Lawyer and yet did allow me an hostile enemie counsell to help me army right by law before ever any proofe to matter of fact was produced and I beg but the same legall priviledg from you from whom I have more cause to expect it● Lord Keble Were you there indicted for Treason L. Col. Lilb Yes that I was for the highest of Treasons by the letter of the law for actuall levying war against the King Judg Thorp And yet for all that you know it was no Treason so did he too for you know that you had committed no Treason at all in obeying the Parliaments command for what you have done was done by the Parliaments speciall authoritie and command and you had your commission to justifie you in your hostile actions and he knew it well enough your Act was no Treason though he did offer you counsell or else he durst not allow you counsell L. Col. Lilb I had nothing to justifie me in that Act but the equitable sense of the law the letter of it being point blank against me and on the Cavalliers side by which if they had prevailed they might have hang'd both you and me for levying War against the King notwithstanding ou● Parliament Commissions and this I know Sir you know to be law in the letter or punctillioes of it Judg Thorp It was no Treason in you and he that assigned you counsell knew it was no Treason and this arraignment of you was as illegall as his assigning you counsell L. Coll. Lilb Sir by your favour he was a Judge of the law by legall Authority being made by the King in whom by law that power was invested and he looked upon himself as a legall Judg and so did I too and as a legall Judg he arraigned me for doing that act that by the expresse letter of the law was Treason and as a legall and honest Judge according to his duty in law he allowed me Councell Judg Jerman For that matter that you talke of they knew it was no Treason and therefore gave you more priviledges th●n was their right by law very well knowing that whatsoever was done to any of you that did fight for the laws religion and liberties of their Country there might be the like done to others that were prisoners in the Parliaments power and this was the truth of it and you know it very well and therefore it is nothing to us nor in law his willingnesse L. Col. Lil. Vpon my letters after the first day of my Tryall that Declaration of l●x tal o●is was made as clearly appears by the words and date of it now in print which the Reader may peruse in the 1. part of the Parliaments Declarations p. 802 803. Judg Thorp I wonder they did not proceed in the prosecution of the Indictment and find you guilty of Treason and so to execution L. C. Lil. Vnder-your favour thus I appeared at the Bar I pleaded to my indictment not guilty I made exceptions against my indictment and my selfe and the other 2 Gentlemen arraigned with me had Counsell assigned us as our right by law And the Judges most fairly rationally further told us Because we will not surprize you wee will give you a weeks time to consider with what Counsel you please in Oxford to choose to come unto you what to plead for your lives whatsoever other priviledges you can claim by the liberties of the law of England you shall enjoy them to the utmost Vpon which premise I spoke in open Court to the Judg shewing him the irons upon my hands in which I was arraigned and told him My Lord by the lawes of England no prisoner for any crime soever that behaves himselfe civilly and peaceably in his imprisonment ought to be put in irons or to any other pain or torment before he be legally convicted and therefore I desire as my right by law that my irons may be taken off And I said further My Lord I am shut up a close prisoner in my chamber denyed the use of pen ink and paper which is contrary unto law especially in the time of my Triall Why sayes he you shall be released from your irons from your close imprisonment and have the use of pen inke and paper and Capt Lilburn I tell you you shall enjoy whatsoever other priviledge you can challenge as your right by law for the law of England is a law of

the proofe of this first particular I shall produce his book intituled the legall and fundamentall Liberties of England revived c. Read pag. 41. Clerk reads pag. 41. But Sir I say no wonder all the things foregoing rightly considered they do own you now as Thomas Pride hath made you for the supreame Authority of the Nation although before they would neither submit to King nor Parliament when it was a thousand times more unquestionable both in Law and Reason then now you are but fought against both King and Parliament their setters up conquered them repelled them subdued them and brok them both and so pull'd up by the Roots all the legall and visible Magistracy and Authority in the Nation and thereby left none but themselves who stand in paralell to none as they have managed their businesse but to a company of murderers theeves and robbers who may justly be dispossessed by the first force that are able to do it no pretended Authority that they of themselves and by their Swords can set up having in the fight of either God or man either in Law or Reason any more just Authority in them then so many Argier Pirats and Robbers upon the Sea have L. Col Lilb You read as I take it a second Edition whether is that a second Edition or no Mr Att No No It is not so in the Indictment it is no second Edition but the first Read page 56. Clerk pag. 56. To which I answer first That that Company of men at Westminster that gave Commission to the High Court of Justice to try and behead the King were no more a Parliament by Law nor a representative of the people by the Rules of Justice and Reason then such a Company of men are a Parliament or representative of the people That a Company of armed theeves chuse and set a part to try judge condemn hang or behead any man that they please or can prevaile over by the power of the sword to bring before them by force of armes to have their lives taken away upon pretence of Justice grounded upon Rules meerly flowing from their wills and swords Mr Prid Read the Title page Clerk The legall fundamentall Liberties of the people of England revived asserted and vindicated or an Epistle written the eigth of June 1649 by Lt. Col John Lilburne Arbitrary and Aristocraticall prisoner in the Tower of London to Mr Will Lenthall Speaker to the remainder of those few Knights Citizens and Burgesses that Col Thomas Pride at his late purge thought convenient to leave sitting at Westminster as most fit for his and his Masters designes to serve their Ambitious Tyrannicall ends to destroy the good old Laws Liberties and Customs of England the badges of our Freedome as the Declaration against the King of the 17 of March 1648. page 23. calls them and by force of armes to rob the people of their lives estates and properties and subject them to perfect vassalage and slavery as he clearly evinceth in his present case c. they have done and who in truth no otherwise then pretendedly stile themselves the Parliament of England Mr Prid Read page 2. Clerk Sir For distinction sake I will yet stile you Mr Speaker although it be but to Col Prides Juncto or Parliament sitting at Westminster not the Nations for they never gave him Authority to issue out writs to elect or constitute a Parliament for them and a little below in the same second page I accused Oliver Cromwell for a wilfull murderer and desire you there to acquaint your House therewith who then had some little hand of a Parliament stamp upon it M. Prideaux Read page 28. Clerk page 28. The like of which Tyranie the King never did in his Reigne and yet by S. Olivers means lost his head for a Tyrant but the thing that I principally drive at here is to declare that Oliver and his Parliament now at Westminster for the Nations it is not having plucke up the House of Lords by the Roots page 44. So that if it be Treason to call this a a Mock Parliament yea and to say and if this be true for true it is * These words cannot be found in page 44. but are in the Book it self which time will not permit to read all over and therefore at present it passeth lame and imperfect then there is neither legal Iustice nor Iustice of peace in England M. Prideaux Read page 37. Clerk page 37. For if they ever had intended an Agreement why do they let their own lie dormant in the pretended Parliament ever since they presented it seing it is obvious to every knowing eie that from the day they presented it to this hour they have had as much Power over their own Parliament now siting as any School-master in England had over his boies Clerk page 45. Four Yor Interest and the Kings both being Interests of Trust as your Declarations do plentifully and plainly declare but especially your present Iuncto's late Declaration against the late beheaded King and Kingly Government M. Prideaux Read page 58. Clerk page 58. And let the present generation of swaying men that under pretense of good kindness and friendship have destroyed and trod under foot all the liberties of the Nation and will not let us have a new Parliament but set up by the Sword their own insufferable insupportable tyrannical Tyranie Lieut. Col. Lilburn I pray Sir are all these quotations in the Indictment verbatim I do not remember that I heard them there M. Atturney No We do not offer any Book but what is charged in the Indictment for we do say that he published those things among other clauses and things in those Books so that we bring in no Book that is not contained in the Indictment Read page 64. Clerk page 64. That so that might rule direct and counsel their mock-Parliament M. Prideaux Read page 68. Clerk page 68. That that High Court of justice was altogether unlawful in case these that had set it up had been an unquestionable Representative of the people or a Legal Parliament neither of which they are not in the least but as they have managed their businesse in opposing all their primitive Declared ends are a pack of Trayterous self-seeking Tyrannical men usurpers of the name and Power of a Parliament M. Atturney Read page 72. Clarke page 72. Then with much more confidence say I this that now sits is no Parliament and so by consequence the High Court of justice no Court of justice at all M. Atturney My Lord that which we shall offer you next is the salva libertate which the Lieutenant of the Tower had from M. Lilburn himself read at the mark Clark † A salva libertate although I then told you I judged a paper warrant although in words never so formal comming from any pretended Power or Authority in England now visible to be altogether Illegal because the intruding General Fairfax and his Forces had

no more but self in the highest and to set up the false Saint most desperate Apostate Murderer Traitor Ol. Cromwel by a pretended election of his mercenary Souldiers under the false name of the Godly interest to be King of England c. that being now too apparently all the intended liberties of the people that ever he fought for in his life that so he might rule and govern them by his will and pleasure and so destroy and envassalize their lives and properties to his lusts which is the highest Treason that ever was committed or acted in this Nation in any sense or kind either 1. in the ey of the Law or 2. in the ey of the antient but yet too much Arbitrary proceedings of Parliament or 3. in the ey of their own late declared principles of reason by pretence of which and by no rules of Law in the least they took away the late Kings head which if there were any law or justice in England to be had or any Magistrates left to execute it as in the least there is not c. M. Prideaux Read page 7. Cler. pa. 7. But the Principles of the foresaid Agreement being so detestable and abominable to the present ruling men as that which they know will put a full end to their Tyranny and usurpation and really ease and free the people from oppression bondage that it is somthing dangerous to those that go about the promotion of it yet I shall advise and exhort you vigorously to lay all fear aside and to set on foot the promotion of it in the same method we took for the promotion of the foresaid Petition of Jan. 19. 1649. laid down in the following discourse p. 23 24 25. and write to your friends in every Country of England to chuse out from among themselves and send up some Agents to you two at least from each County with money in their pockets to bear their charges to consider with your culled and chosen Agents of some effectual course speedily to be taken for the setling the principles thereof as that only which in an earthly Government can make you happy or at least to know one anothers minds in owning and approving the principles thereof that so it may become to you and your friends your Center Standard Banner to flock together too in the time of these forraign invasions and domestick Insurrections that are like speedily to bring misery enough upon this poor and distressed Nation and unanimously resolve and ingage one to another neither to side with or fight for the Cameroes fooleries and pride of the present men in Power nor for the Princes will or any other base interest whatsoever the which if you should fight for it would be but an absolute murdring of your brethren and Country-men you know not wherefore unless he or they will come up to those just Righteous and equitable Principles therein contained and give rational and good security for the constant adhering thereunto and upon such terms I do not see but you may justifiably before God or man joyn with the Prince himself yea I am sure a thousand times more justly than the present ruling men upon a large and serious debate joyned with Owen Ro● Onale the grand bloudy Rebel in Ireland who if we must have a King I for my part had rather have the Prince then any man in the world because of his large pretense of Right which if he come not in by conquest by the hand of Forreigners the bare attempting of which may apparently hazard him the loss of all at once by gluing together the now divided people to joyn as one man against him but by the hands of Englishmen by contract upon the Principles aforesaid which is easie to be done the people will easily see that presently thereupon they will enjoy this transcendent benefit he being at peace with all forreign Nations and having no regal pretended competitor viz. the imediate disbanding all Armies and Garisons saving the old Cinque ports so those three grand plagues of the people will cease viz. Freequarter Taxations and Excise by means of which the people may once again really say they enjoy somthing they can in good earnest call their own whereas for the present Army to set up the false pretended S. Oliver or any other as their elected King there will be nothing thereby from the begining of the Chapter to the end thereof but wars and the cuting of throats yeer after yeer yea and the absolute keeping up of a perpetual and everlasting Armie under which the people are absolute and perfect slaves and vassals as by woful experience they now see they perfectly are which slavery and absolute bondage is daylie like to encrease under the present tyranical and arbitrarie new erected robbing Government M. Att. He hath blown the Trumpet for all that will to come in he hath set up his Center he would have it to be a Standard for all his friends to flock to him and to make them the more quick in betaking them to their Arms he hath falsly and maliciously there said that the Parliament had joyned with Owen Roe Oneale which I can assure all that hear me this day the Parliament alwaies detested abominated disavowed and declared against and never had any thoughts that way My Lord the false imputations of his laid upon the Parliament are almost numberless But in the second place I come to that pretty bauble that 's of his own making The Agreement of the People dated at the Tower 1 of May 1649 and shal desire your Lordships to judge whether this Agreement of the People which he made and his friends then in the Tower and entituled it The Agreement of the People as signed by them for they called it An Agreement of the Free People of England strikes not at the very root of all Government Lieut. Col. Lilburn Pray Sir look whether it be licensed or no according to the Law of the Nation and if it be licensed by publique Authority how comes it to be Treason that 's very strange M. Atturney It is so Lieut. Col. Lilburn Pray Sir go and question the licenser then M. Atturney We must question the Author the licenser will not excuse it read page 2. Clerk reads page 2. This agreement being the ultimate end and ful scope of our desires and intentions concerning the Government of this Nation And a little below after the long and tedious prosecution of a most unnatural cruel home-bred War occasioned by divisions and distempers amongst our selves and those distempers arising from the uncertainty of our Government and the exercise of an unlimited or Arbitrary Power by such as have been trusted with Supreme and subordinate Authority whereby multitudes of grievances and intellerable oppressions have been brought upon us and finding after eight yeers experience and expectation all endeavours hitherto used or remedies hitherto applyed to have increased rather then diminished our distractions

your loving and dear brethren after the flesh to your own vassalage as well as ours And as an assured pledge of your future cordialness to us and the true and reall liberties of the Land of your Nativity we beseech and beg of you but especially those amongst you that subscribed the Solemn Engagement at Newmarket-Heath the 5. of June 1647. speedily to choose out amongst your selves two of the ablest and constantest faithfull men amongst you in each Troop and Company now at last by corresponding each with other and with your honest friends in the Nation to consider of some effectual course beyond all pretences and cheats to accomplish the reall end of all your Engagements and Fightings viz. the setling of the Liberties and Freedom of the People which can never permanently be done but upon the sure foundation of a popular Agreement who viz. the People in justice gratitude and common equity cannot choose but voluntarily and largely make better provision for your future subsistance by the payment of your Arrears then ever your Officers or this pretended Parliament intends or you can rationally expect from them witness their cutting off three parts of your arrears in four for free quarter and then necessitating abundance of your Fellow-souldiers now cashiered c. to sell their Debenturs at two shillings six pence three shillings and at most four shillings per li. Mr. Atturney See my Lord here we are stil'd Tyrants Vsurpers introducing Government oppressions of the people and Mr. Lilburn is resolved with his friends to joyn together and to lay down their very lives for this This I think is a Trumpet blown aloud for all the discontented people in the Nation to flock together to root up and destroy this Parliament and so the present Government but reade also in the same book pag. 9. Clark pag. 9. For the effectual promotion of which said Agreement we are necessitously compelled to resolve in close union to joyn our selvs our Commissioners chosen for that end in Councel with our foresaid Burford-friends or their Commissioners and to resolve to run all hazards to methodize all our honest Fellow-prentices in all the Wards of London and the Out-Parishes to chuse out their Agents to joyn with us or ours to write exhortative Epistles to all the honest-hearted free-men of England in all the particular Countries thereof to erect severall Councels amongst themselves out of which we shall desire and exhort them to chuse Agents or Commissioners impowered and intrusted by them speedily to meet us and the Agents of all our and the Agreement of the people Adherents at London resolvedly to consider of a speedy and effectual method and way how to promote the Election of a new and equall Representative or Parliament by the Agreement of the free people seeing those men that now sit at Westminster and pretendedly stile themselves the Parliament of England and who are as they say although most falsly in the Declaration for a free State dated March 17. 1648 pag. 27. intrusted and authorized by the consent of all the people of England whose Representatives they are make it their chiefest and principallest work continually to part and share amongst themselves all the great rich and profitablest places of the Nation as also the Nations publique treasure and lands and will not ease our intollerable oppressions no not so much as of late receive our popular petitions having upon Thursday last Aug. 23. 1649. rejected that most excellent of petitions ready at their door to be presented to them by divers honest men our true-hearted Neighbours of Surrey the true Copy of which for the worth of it although it be at large already printed in Friday Occurrences and the Tuesday Moderate we desire here to insert Mr. Atturney My Lord this is a loud one whom does he joyne us withall but onely with those very men that justly suffered death many of them for it My Lord now it s resolved that these men shall be closely joyned with them and what to do still to promote The Agreement of the People that which Mr. Lilburn hath hatched and that must be the baby that those declared open Traytors and Rebells that Mr. Lilburn will joyne with must nourish up My Lord we shall go on further to shew what Mr. Lilburn drives at which is not much differing from us for he would have a free State but my Lord this that is now in being it doth not go in Mr. Lilburns way and therefore it must be overthrown by force and Armes that so way may be made for his new † And yet a few dayes before his Tryal severall principall leading members of the house and Councell of State told his wife and severall other of his friends that Mr. Lilburne was turned Cavalier and had joyned with the Prince and they had severall letters under his own hand to prove it Common-wealth we shall go further on my Lord and in the next place quote his book entituled The legall Fundamentall liberties of the people of England revived asserted and vindicated c Read pag 57. Clark reades pag. 57 And the present setters up of this Tyrannical new Common-wealth considering their many Oaths Covenants Promises Declarations and Remonstances to the contrary with the highest Promises pretences of good for the people and their declared liberties that ever was made by men are the most perjured perfideous false faith and trust-breakers and Tyrants that ever lived in the World and ought by all rationall and honest men to be the most detested and abhorred of all men that ever breathed by how much the more under pretence of friendship and brotherly kindnes they have done all the mischief they have done in destroying our lawes and liberties Mr. Atturney My Lord and you Gentlemen of the Jury you see Mr. Lilburne hath been pleased very often to give the name of Tirants to the Parliament I would give no other instance nor shew no other example but Mr. Lilburn himself to disprove himself and with much confidence affirm it that never State had before neither King nor State since the foundations of it so much enmity nor have endured with so much patience any man whatsoever as they have done Mr. Lilburn who notwithstanding all his trayterous provocations and trayterous designes undertaken against them is yet alive at this day and now hath faire play to plead for his life I would take him for his own confuter and see by all that has been done by him and see if he could make good his actings and make good the Parliaments dealing with him therefore can be demonstrated by him to prove them Tyrants My Lord I can hardly forbear to see hear his dangerous desperate expressions to invite all people for to take up Arms against the Parl. to cut their throats like Pole-cats and We asels My Lords here to stile them the most perfideous perjured false faith and trust-breakers and Tyrants that ever lived in the world and

and to you I must appeal for law if you doe believe the evidence is plain and full against him for which he stands indicted and so Gon direct all your judgements I have don● L. Col. Lilb Sir by your favour I shall desire to addresse my self in one word to you which is to defire that the Jury may read the first chapter of Queen Mary in the Statute book and the last clause of the Chapter of the thirteenth of Elizabeth where they shall clearly see especially in the Statute of Queen Mary that they abhorred and detested the making of words or writing to be Treason which is such a bondage and snare that no man knows how to say or doe or behave himselfe as is excellently declared by the Statute of Hen. 4. v. 2. I have done Sir Lo. Keeble Gentlemen you of the Jury you are sworn you are men of conscience gravity and understanding to tell you of the duties of your place that have gone through it so often is a vain thing the sacrednesse of an Oath which a man must not transgresse in the least not to save the world you have gone so often through it and understand it that I need say no more the charge you have heard and the proofs but for proofe single or double or treble as some of them doe amount unto a witnesse in this yea that doth double another mans witnesse if I swear this thing and another swear the same a third the same that is doubled upon all their testimonies Mr Lilburn hath cited two Statutes of Ed. the sixt to prove there must be two witnesses but I must tell him were there but one to each fact it were enough in Law for as for that which was cited of King Ed. the sixt you have had it fully answered by a later Law of Queen Mary which doth over-rule that and also in acts that the common Law of England shall be the rule by which all Treasons shall be tried which reacheth to this case too that there need no more but one witnesse and this is Law and therefore Gentlemen of the Jury that must not stick with you that which you have heard to concern you of the truth of the matters is this you are not bound affirmatively to have two witnesses but in that one witnesse with the circumstances concurs that is sufficient that which should prevail with you is to consider the strength of the accusation which rests in the Books and doth consist of three heads which are laid down in the Books themselves which doth in the first place so firmly expresse and so farre vilifie the Parliament and state as it is now established in England the second doth look unto the Counsels and incitations of him for the stirring up of tumults commotions and wars in this Nation and the third are the things cited in his Books to that end and purpose to divide the Army and then the otherwill take the better effect these are the three main charges and these the Books that come from him doe so plainly testifie that the Books are proved to be his you are fit Judges of but it clearly appears by those his Bookes that these things were in his intention For that he sayes it is mens that does make a man guilty the mind that is intended as it is exprest Actus non faci● reum nisi mens sit rea Now that mind is rea when there is faith published but I tell you this these Books being admitted true I say that never man that acted the highest of Treasons as he hath done hath had so much liberty as he hath had and as I said before never man of his condition nor any condition in England that was indicted in such a case ever and a Tryall in such a Court in such an Auditory such a presence as he has had Lieut. Col. Lilb The mores my sorrow L. Keeb. The mores your sorrow indeed you have good cause to be sorrowfull indeed for this Act of yours thus declared if your intentions had taken effect your plot was the greatest that ever England saw for it struck at no less then the subversion of this Common-wealth of this State to have laid and put us all in bloud your plot was such that never such was seen in the world before to proceed from a private man as you are therefore it must needs be heavy upon your Conscience therefore my Masters of the Jury look into your Conscience see what that saith unto you which he stands so much upon the witnesses Testimony are now plain and good in Law in this cause they are multiplied I do not know in one particular that there is a Testimony single but it is aggravated with many Circumstances therefore let not that trouble you you are the proper Judges of the matter of Fact being of the Countrey and if you have fully apprehended the dangerous things plotted in those boooks of Mr Lilburns you will clearly find that never was the like Treason hatcht in England and so in Gods name as the Prisoner doth lead to your Consciences so go and do Lieut. Coll. Lilb I desire your favour that there may be a course taken thot neither my Prosecutours nor any belonging to them may have accesse unto the Jury till they have done Just Jermin You Gentlemen of the Jury I did expect it it was expected by the Court that some matter of Law or some question of Law might arise upon the evidence which if it had it was the duty of the Court to have cleared it but there does not appear and therefore there is an end as to the dispute of the Law Fore-man We are no Lawyers indeed my Lord. L. Col. Lilb I have beg'd it and you have promised it that I should have Liberty to plead in Law to the Illegallities of the Indictment but you have denied me that legall right yea you will not permit my Sollicitour to speak a few words for me I dare undertake there was never such a Trial upon English ground as this hath been where a man hath been denied all the legall Rights of an English man as I have been You Gentlemen of the Jury who now are my sole Judges I pray you take notice of it Just Jermin There was never any such kind of abuse offered to a Court as you have given nor never was such Language used to any Court of Justice before that I did hear of as you have given and certainly the Behaviour at the Barre doth set forth what the humours and character of the man is for in this case if any such dangerous thing of Acting of Commotion or Mutiny in the Army or in the Nation should have followed it had been too late then to have thought of the remedy therefore the wisdom of the Parliament hath declared that whosoever shall by writing prenting or by openly declaring publish that the present Government of England is usurp'd or tyrannicall it is Treason there

as a Traytor before the Lord Chief Justice Heath for levying Warre at the Command of the then Parliament against the person of the King and when I came before him in the Guild-Hall of Oxford he told me there being present with him as his fellow Judge Mr Gardiner sometimes Recorder of the City of London now Sir Thomas Gardiner and others that sat by a speciall Commission of Oyer and Terminer from the King the which Commission I did not so well then understand as I hope I do now And my Lord Chiefe Justice Heath stood up in the face of all the Court in the face of all the Country present there told me Capt. Lilburne you are brought here before us for High Treason for leavying Warre in Oxfordshire against your Soveraigne Lord and King and though you be now in a Garrison and were taken in Armes in open hostility against the King yea Sir and I must now tell you in such hostility that we were but about 700. men at Branford that withstood the Kings whole Army in the field about five houres together and fought it out to the very Swords point and to the Butt end of the Musket and thereby hindred the King from his then possessing the Parliaments Train of Artillery and by consequence the City of London in which very act I was taken a prisoner without Articles or capitulation and was by the King and his party then lookt upon as one of the activest men against them in the whole company yet said Judge Heath we will not take advantage of that to try you by the rules of arbitrary Marshall Law or any other arbitrary waies but we will try you by the rules of the good old Lawes of England and whatsoever Priviledge in your Tryall the Lawes of England will afford you claim it as your Birth-right and Inheritance and you shall injoy it with as much freedom and willingnesse as if you were in Westminster-Hall to be tryed amongst your own party and this we will do for that end that so at London your friends shall not have any just cause to say we murdered you with cruelty or denied you the benefit of the Law in taking away your life by the rules of our own Wills Nay further said he Capt. Lilburn it is true I am a Judge made by my Soveraigne Lord the King according to his right by † See the 27. of Hen. 8. chap. 24. Law and soin a speciall maner am his Servant and Councellor and am to act for his good benefit and advantage And yet notwithstanding it is by the known Laws of this Land my duty to be indifferent and free from partiallity betwixt my Master and you the prisoner and I am specially bound unto it also by my Oath and therefore you shall have the utmost Priviledges of the Law of England which is a Law of mercy and not of rigor and hath the life of a man in tenderest and highest * See the 2. part Inst fo 28. 30. 42 43. 53. 315. 316. 591 3. part fo 34. estimation and therefore it is the duty of a Judge by Law to be of Councell with the Prisoner in things wherein by his ignorance he falls short of making use of the benifit of the Law especially when he is upon the tryall of his life Yea to exhort him to answer without fear if he perceive him daunted or amazed at the presence of the Court yea it is my duty to carry my self with all fairness and evenness of hand towards you And wherein that there shall seeme any mistakes to appear in circumstances or formalities to rectifie you For it 's my duty to help you and not to use any boisterous or rough language to you in the least to put you in fear or any wayes prevent the freedom of your defence and according to the Lawes of England this is my duty and this is the Law And accordingly he gave me liberty to plead to the errors of my Indictment before ever I Pleaded not Guilty yea and also became willing to assigne me what Councell I pleased to nominate freely to come to prison to me and to consult and advise with me and helpe me in point of Law This last he did immediatly upon my Pleading to the Indictment before any fact was proved all which is consonant to the Declared Judgement of Sir EDWAD COOKE that great Oracle of the Laws of ENGLAND whose Bookes are Published by speciall Orders * Which Orders are dated May 12 1641. Iune 3. 1642. you may at large read at the last end of his 2. part Institutes and Authority of Parliament for good Law who in his 3. part Institutes Chapt. Of high Treason fol. 29. 34. compared with fol. 137. 230. asserts the same Truly Sir I being now come before you to answer for my life and being no professed Lawyer may through my own ignorance of the practick part of the Law especially in the Formalities Nisities and Puntillios thereof run my selfe with over-much hastinesse in snares and dangers that I shall not easily get out of And therefore being all of a sudden bid to hold up my hand at the Barre I cannot chuse but a little demurre upon it and yet with all respect to you to declare my desirablenesse to keep within the bounds of Reason Moderation and Discretion and so to carry my selfe as it doth become a man that knowes what it is to answer for his life And therefore in the first place I have something to say to the Court about the first Fundamentall liberty of an Englishman in order to his triall which is that by the Lawes of this Land all Courts of Iustice alwayes ought to be free and open for all sorts of peaceable people to see behold and heare and have free accesse unto and no man whatsoever ought to be tried in holes or corners or in any place where the gates are shut and bar'd and guarded with armed men and yet Sir as I came in I found the gates shut and guarded which is contrary both to Law and Iustice Sir the Lawes of England and the Priviledges thereof are my Inheritance and Birth-right And Sir I must acquaint you that I was sometimes summoned before a Committee of Parliament where Mr. Corbet and severall others have had the Chaire and there I stood upon my right by the Lawes of England and refused to proceed with the said Committee till by speciall order they caused their Dores to be wide thrown open that the people might have free and un-interrupted accesse to heare see and consider of what they said to me although I think the pretence that I am now brought before you for be the very same in substance that I was convened before Mr. Corbet for which was about Bookes and I am sure there I did argue the case with him and the rest of the Committee soundly out in Law proving that they were bound in Law and Iustice freely to