Selected quad for the lemma: justice_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
justice_n	king_n	law_n	power_n	9,684	5	5.3760	4	true

Text snippets containing the quad

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 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

open their Dores for the free accesse of all sorts and kindes of auditors And I did refuse as of right to proceed with them till by speciall order they did open their Dores For no triall in such cases ought to be in any place unlesse it be publick open and free and therefore if you please that I may enjoy that Legall 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 darknesse holes or corners goe on to a triall But if I be denied this undoubted priviledge I shall rather die here than proceed any further And therefore foreseeing this before hand and being willing to provide against all jealousies of my escape the feare of which I supposed might be objected against me as a ground to deny me this my legal right and therefore before hand I have given my engagement to the Lieutenant of the Tower that I will be a faithfull and true prisoner to him And I hope the Gentleman hath so much experience of my faithfulness to my word that he doth not in the least question or scruple it I am sure he hath often so declared to me that he doth not Nay I have not onely ingaged to be a true prisoner in the Tower to him but I have also solemnly ingaged to him that I will come civilly and peaceably with him and that I will go civilly and peaceably back with him again And that if any tumult or up-roare shall arise in the croud of which I lose him and he me or in case I should be any wayes by force power rescued from him I have also faithfully ingaged to him that I will come again to him by the assistance of God as soon as ever I can get away from that force or rescue And all this I intreated him to acquaint you with that all jealousies and disputes might be avoided Iudge Keble Mr. Lilburn look behind you and see whether the Dore stands open or no. L. Col. Lilb Well then Sir I am satisfied as to that But then in the next place I have read the Petition of Right I have read Magna Charta and abundance of Lawes made in confirmation of it and I have also read the Act that abolisheth the Star-chamber which was made in the yeare 1641. which last recited Act expresly confirmes those stratures that were made in Edward the thirds time which declares all Acts Laws and Statutes that were made against Magna Charta to be null and void in Law and holden for error In the reading of which Lawes I doe not find a speciall Commission of Oyer and Terminer to be Legall and warrantable I beseech you Sir doe not mistake me for I put a vast difference betwixt an ordinary and common Commission of Oyer and Terminer for holding ordinary and common Assises and Sessions and betwixt an extraordinary and special commission of Oyer and Terminer to try an individuall person or persons for a pretended extraordinary crime the Lawes I last recited and the fundamentall or essentiall Basis of freedome therein contained knowes no such names or Commissions of speciall Oyer and Terminer And those Statutes in Edward the first and Edward the thirds time that doth erect those special and extraordinary Commssions and warrant the usage of them are meerly irrationall * And excellent to this purpose is Lieutenant Colonel Lilburnes Argument in his second Edition of his Picture of the Councel of State page 8. against the erection of extraordinary Courts which thus followeth He granting that the Parliament hath power to erect a Court of Justice to administer the Law provided that the Judges confist of Persons that are not Members of Parliament And provided the power they give them be universall that is to say to administer the Law to all the people of England indefinitely who are all equally borne free alike and not to two or three particular Persons solely the last of which for them to do is unjust and altogether out of their power c. which Argument or Reason is most notably illustrated and inlarged in the second Edition of the legall fundamentall Liberties of England revived of the 8. of June 1649. page 72. innovations upon our indubitable Rights contained in Magna Charta and meere Court and Prerogative devices to destroy the best of men by extraordinary Court appointed and prejudge proceedings that should manfully stand in the way of the Prince or any of his great favourites for sure I am from the Petition of Right no ground or foundation for any extraordinary or special Commission of Oyer and Terminer upon any pretended speciall or great occasion cannot be founded but rather the absolute quite contrary as to me clearly appeares by the very plain letter of that most excellent Law and therefore such a speciall Commission upon any pretended speciall occasion being expresly against our undubitable Rights contained in Magna Charta And the Petition of Right viz. that no Englishman shall be subjected to any other Tryall but the ordinary universall and common Tryalls at ordinary Assi●es Sessions or Goale-deliveries and not in the least to be tryed by extraordinary and speciall prejudged packed over-awing Commissions of Oyer and Terminer and therefore all such extraordinary and dangerous Tryalls are absolutely abolished by the late excellent ●cts that confirmes the Petition of Right and all and every of the Clauses therein contained and abolisheth the Star-Chamber both made Anno. 1641. And Sir with your favour the then Parliament that made the lastre cited Lawes were so farre from countenancing any special Commissions of Oyer and Terminer upon any special or pretended great occasions whatsoever that I can read of That I rather find and read the Parliaments proceedings in the year 1641. An extream Out-cry of the House of Commons against special Commissions of Oyer and Terminer with a great deal of bitterness and vehemency as may fully and clearly be read in that excellent Argument of Mr. Hide April 1641. Printed and published in a Booke called Speeches and Passages of Parliament page 409. to 417. which I have here at the Barre to produce which Mr. Hide was then the special and appointed mouth of the House of Commons before the Lords who unto them in conformity to his Commission from the then House of Commons complaines to the house of Lords extreamly of a special Commission of Oyer and Terminer that was exercised in the five Northern Counties of England and earnestly in the name of the house of Commons craves the special assistance of the house of Lords to pluck up that Court by the very rootes founded upon a special Commission of Oyer and Terminer being so illegall and unjust in the very foundation of it as

knowledge of all that at the House had past against me and although I also knew that the further designe against me which was that the Councel of State as they are called would take me away thereupon with armed force the next morning yet notwithstanding all this I stirred not out of my House but remained there till about five a clock the next morning at which time 200 or 300. armed Horse and Foot without so much as one Civil or Magisterial Officer with them came by force of Arms and haled me out of bed from my Wife and Children not according to the Law of England as is expresly provided in two several Statutes viz. the 1. of Edw. 6. Chap. 12. and the 5. 6. of Ed. 6. Ch. 11. by which rules of the Law and no other they ought to have proceeded against me from first to last and I am sure they both expresly provide that if any man be accused of Treason that he shall be accused first to one of the Kings Councel or to one of the Kings Justices of Assize or else to one of the Kings Justices of the Peace being of the Quorum or to two Justices of the Peace within the Shire where the same offence or offences shall happen to be done or committed * See also to this purpose part 3. of Cooks Instit Ch. High Treason f. 26. 27 28. and part 1. Parl. Declar. in the case of the L. Kimbolton and the 5. members p. 38 39 76 77 But contrary to these and other wholsom and good Laws although there hath bin an eight yeers War in England pretendedly for the preservation of the Laws and Liberties of England yet I say contrary to the express Tenor of these Laws as also of the Petition of Right yea and also of the express Letter of that excellent Law that abolished the Star-chamber this Parliament was I by force of Arms that never fortified my House against the present Power nor never disputed any of their Summons though sent by the meanest man that ever appertained to them and who if they had sent their Warrant for me by a child I would have gone to them I was fetched out of my bed in terror and affrightment and to the subversion of the Laws and Liberties of England and led through London streets with hundreds of armed men like an algier captive to their main-Guard at Pauls where a mighty guard stayed for the further conducting me by force of Arms to White-hall Now Sir if I had committed Treason I ought not to have bin apprehended and proceeded against by armed mercenary Soldiers but by Civil and Magisterial Officers and no other according to those excellent priviledges that the Parliament themselves in the yeer 1641. in their own book of Declarations p. 36 37 76 77. did claim for those six Members viz. the Lord Kimbolton M. Pym M. Hollis M. Stroud Sir Arthur Hasleridge and M. Hamden I say and aver I ought to have had the process of the Law of England due Process of Law according to the fore-mentioned Statutes and Presidents for I never forceably resisted or contended with the Parliament and therefore ought to have had my Warrant served upon me by a Constable or the like Civil Officer and upon no pretense whatsoever ought I to have been forced out of my bed and house by Mercenary armed Officers and Souldiers But Sir comming to White-hall I was there also kept by armed men contrary to all Law and justice and by armed men against Law I was by force carryed before a company of Gentlemen sitting at Darby-house that look upon themselves as Authorized by the Parliament to be a Committee or Councel of State who by the Law I am sure in any kind had nothing at all to do with me in cases of pretended Treasons where I was brought before M. Iohn Bradshaw sometimes a Councellor for my selfe before the House of Lords against my unjust Star-chamber Judges who there in my behalfe Feb. 1645. did urge against the Lords of the Star-chamber as the highest Crime against the liberties of the people that could be as being Illegal Arbitrary and Tyrannical that the Lords in Star-chamber should censure me to be whip'd pillared c. for no other cause but for refusing to answer their Interrogatories against my selfe and when I was brought before the said Councel of State I saw no accuser no prosecuter no accusation nor charge nor inditement but all the Crime that there was laid unto my charge was M. Bradshawe's very seriously examining me to questions against my selfe although I am confident he could not forget that himself and M. Iohn Cook were my Councellers in Feb. 1645. at the Barre of the House of Lords where he did most vehemently aggravate and with detestations condemn the Lords of the Star-chambers unjust and wicked dealing with English freemen in censuring them for their refusing to answer to questions concerning themselves and yet notwithstanding walked with his dealing with me in the very steps that formerly he had bitterly condemned in the Star-chamber Lords yea and there for refusing to answer his questions for any thing he declared to me to the contrary committed me to Prison for Treason in general and you know very well better then I do that by your own Law generalls in Law signifie nothing Judge Jarmen M. Lilburne you very much abuse and wrong your selfe for you very well know M. Bradshaw is now denominated by another name namely Lord President to the Councell of State of England and it would well become you in your condition so to have styled him Lieut Col. Lilburne And although no crime in Law which ought to be particularly expressed was laid unto my charge yet when I was first imprisoned there were thousands of my friends well wishers to the freedomes of England and to the common cause in which they had been ingaged in for these eight yeares together both old and young both masters of families young men and apprentises and abundance of others of the feminine sex too with abundance of cordiall honest men in severall Countries joyned in severall rationall and fair petitions and delivered them to the House in the behalfe of my selfe and my three fellow Prisoners in which they most earnestly intreated them that they would not prejudge us before we were heard and knew our accusers and accusations but rather that they would release us and take off their prejudgeing Votes against us which they had caused to be proclaimed in all the publique places of the Nation against us and let us have a fair and Legall Triall according to the Lawes of England and according to the undenyable Priviledges of the due processe of the Law from first to last and they would put in any security that they would require of them that we should be forthcomming at all times to answer whatsoever in Law could be laid to our charge unto all which petitions which were very many they could get

declared in print in English which tongue only I can read and understand and seeing by the Law which is in English which I have read and clearly understand that there are a great many snares and a great many niceties in the practick that are formall proceedings of the Law and seeing I know not certainly whether if I proceed to matter of proofe before in Law I make my exceptions against your Inditement as to matter time and place I be not in Law deprived of that benefit which I principally aime at for the preservation of my life therefore I beseech and most earnestly entreat you to assigne me Counsell to consult with before I be too farre insnared and if you will not doe it and give me some reasonable time to prepare my plea and defence then order me to be knock'd in the head immediately in the place where I stand without any further tryall for I must needs be destroyed if you deny me all the meanes of my preservation Judge Jermine Mr. Lilburne It were reasonable to give you satisfaction if you would receive it you say you were present at my Lord of Straffords Triall and you say he had Counsell assigned him not only to stand by him at the Barre but to repair to prison to instruct and advise but that was not a Tryall in such a way as this is It was a Triall by way of Impeachment before the Peers assembled in Parliament and his Attainder was made up into an Act of Parliament but that is not a Triall at the common Law per pares which is that which your self have desired a Tryall by lawfull men according to the Liberties of the Lawes of England After your Answer to your first question that is to say whether you be guilty or not guiltie of the things whereof you are accused no Counsell in the world can follow till the Fact be proved and matter of Law doe arise thereupon So that the first thing that must be done the matter of Fact must be proved against you and then if it shall appear thereupon to the Court that matter of Law doth arise and you doe expect Counsell we must and will performe it the Court are of your Counsell so farre as to fact And then in that case that Law arise thereupon you may and ought to have other Counsell assigned and doe not you doubt but the Court will be as carefull of you as you can be of your selfe and allow you more favour it may be then your friends doe expect L. Col. Lilb Vnder your favour and by your good liking I was once Arraigned at Oxford for my life upon the matter of Treason for leavying war in Oxfordshire against the King as their Indictment then said and my Arraignment was by vertue of a Commission of Oyer and Terminer that was and in Law I am sure of it as legall and as just as yours is and my Lord chiefe-Chiefe-Justice Heath the chief Commissioner or President who was in the eye of the Law as legall a Judge as any of you and yet he Lo. Keble Mr. Lilburne we doe remember it L. Col. Lilb I beseech you give me leave to speake for my selfe and to goe on for my life lies upon it Lo. Keble Heare me one word and you shall have two This that you did speake but even now doe not you thinke that we have such bad memories as that we have alreadie forgot it your life is by Law as deare as our lives and our soules are at stake if we doe you any wrong L. Col. Lilb I wish you may be sensible of that Sir Judge Jarman Mr. Lilburne you need not to say so our soules are upon it and we are to stand or fall by Justice and righteousnesse as well at your selfe is L. Col. Lilb I say my Lord Heath and the Court at Oxford profered me Counsell before any one witnesse was produc'd to my face or any matter of fact came to the proofe yea and gave me Liberty to make my exceptions to the insufficiencie of the Indictment which was very short in comparison of yours I crave the same priviledge from you the nations pretended friends that I found at Oxford amongst its declared pretended enemies against whom in severall battells I had fought And I hope you that pretend to be the preservators of the Liberties of England will not be more cruell and unrighteous then the declared destroyers of them if you will not allow me Counsell as I had there I have no more to say to you you may murder me if you please Judg Jerman You were pleased to mention some presidents of those that have been accused of high Treason that have had Counsell assigned to them and for one you mention that of my Lord of Strafford whose T●iall I told you was Parliamentarie before the House of Peers upon the impeachment of the Commons of England in Parliament assembled and so it went on in a Parliamentarie way their proceeding is in an ordinarie course of the ordinarie qundam Court of Justice according to the common law Now for my L. of Strafford give me leave to observe this he had no Counsell assigned him untill such time as questions of the law did arise which required Councell and then he had Counsell assigned him but not before for that my Lord doth not say that you shall have no Counsell but that you shall have that which the law allows and as for that which you speake of counsell at Oxford it could not be but when upon the proose of matter of fact it appears to the Court that there is any Question or matter of law arising upon the fact And when it doth so appear unto us then you shall have Councell for that but I beseech you hear me on You are now come before us according to the common law to be tried by your Countrie there is now nothing in question but whether that matter that thing those words contained in the Indictment read to you be true yea or no that is whether they be done or no for wee will not give Counsell to plead to the matter of fact contained in your owne bookes which you remember very well L. Col. Lilb Those books supposed mine pray let me have sair play and not be wound and scru'd up into hazards and snares Lord Keble If they be not yours upon good grounds proved before you you are in no danger and if upon the proofes of the words and deeds done there doe appear matter of law you must and shall have counsell stay till that be done in the meane time the Court will take care that a Jurie shall be returned of honest and sufficient legall men to judge of the proofes L. Col. Lilb There was arraigned with me at Oxford Collonel Vivers of Banbury now alive and Capt. Catesby who is dead I will bring Coll. Vivers to depose here upon his Oath that my Lord Heath the rest of the Commissioners of Oyer and Terminer

not suffered but bid be silent Sir I advise you Sir spare your self with patience and hear the Court. Just Jermin Be quiet Sir L. Col. Lilb I beseech you Sir let me hear but the grand Jury speak for I understand from some of themselves they never found me guilty of Treason but doe conceive themselves wronged by some words yesterday that passed from some of the Judges I pray let me hear them speak L. Keable M. Lilburn You said you would be rationall you would be moderate you doe break out you will doe your self more hurt then any here can doe you you must be silent and hear the Court we can lose no more time to hear you Cryer call the Jury Cryer The Iury called and M. Lilburn earnestly pressed to be heard but could not Cryer Miles Petty William Wormwell L. Col. Sir I beseech you let me but see these gentlemens faces L. Keable You Master Sprat you must not talk to the Prisoner you may stand and hold the Books you did offend yesterday but you shall not doe so to day for you shall not stand near the Prisoner to talk to him L. Coll Lilb My Lord the Law saies a stander by may speak in the prisoners behalf at the Bar much more whisper to him but especially if he be his Sollicitor Cryer John Sherman Thomas Dainty Ralph Ely Edmund Keyzer Edward Perkins Ralph Packman Francis woodall William Commins Henry Hanson Roger Jenkenson Josias Hamond Richard Allen Richard Nevill John Mayo Henry Jooley Arther Due Roger Sears Clerke You good men of the City of London appear Steven Ives Iohn Sherman Ralph Ely Roger Ienkinson Iofias Hamond Richard Allen Richard Nevill Roger Seares Iohn Mayo Nicholas Murren Clerk You prisoner at the Barre these good men that are here presented before the Court are to be of your Iury of life and death if therfore you will challenge them or any of them you must challenge them before they goe to he sworn and then you shall be heard Cryer Every man that can inform my Lords the Iustices and the Attorny Generall of this Common-wealth against Master Iohn Lilburn prisoner at the Barre 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 here upon pain of forfeiture of your Recognisance are to come in L. Col. Lilb Sir I beseech you give me leave to speak Lord Keable You cannot be heard L. Coll Lilb Truly Sir I must then make my protest against your unjust and bloudy proceedings with me before all this people and desire them to take notice that yesterday I pleaded to my Bill conditionally that no advantage should be taken against me for my ignorance in your formalities and you promised me you would not L. Keable We give you too much time you will speak words that will undo you is this your reason you shall talk in your legall time and take your legall exceptions we will hear you till midnight L. Coll. Lilb Then it will be too late Sir Justice Jermin You have given a great slander and that doth not become a man of your profession you speak very black words L. Col Lilb I beseech you doe but hear me one word I doe not know the faces of two of the men that were read unto me I hope you will give me time to consider of them Lord Keable No Sir you ought not to have it L. Col. Lilb Will you let me have some friends by me that are Citizens of London that know them to give me information of their qualities and conditions for without this truly you may as well hang me without a tryall as to bring me hear to a tryall and deny me all my legall priviledges to save my selfe by Lord Keable If you be your own judge you will judge so go on M. Sprat or Col. Robert Lilburn Whispers to the prisoner to challenge one of the Jury which the Judge excepted against L. Col. Lilb Sir by your favour any man that is a by-stander may help the prisoner by the Law of England Lord Keable It cannot be granted and that fellow come out there with the white cap pul him out L. Col. Lilb You goe not according to your own law in dealing thus with me Iustice Iermin Your words were never a slander nor never will be hold your peace Cryer go on Cryer Stephen Blyth look upon the prisoner Abraham Seal Iohn King Nicholas Murren Thomas Dariel the prisoner excepted against him Edward Perkins Francis Peale Iustice Iermine was he recorded and sworn before he spake or no Cryer No my Lord. Iustice Iermin The let him continue if he be right recorded Cryer The Oath was not given quite out Iustice Iermin Then he hath challenged in time let him have all the lawfull favour that may be afforded him by law William Comins sworn Simon Weedon sworn L. Col. Lilb Hee 's an honest man and looks with an honest face let him go Henry Tooley sworne Arther Due excepted against L. Keeble Take away Mr Due let him stand a little by Henry Hanson put by being sick one that could not hear excepted against John Sherman Ralph Head Roger Jenkinson Josias Hamond Richard Allen John Mayo Roger Seares Henry Hanson excepted against Edmund Kinyzer sworne The Jury Called Clerk Twelve good men and true stand together and here your Evidence Just Jermin Cryer of the Court let the Jury stand six of the one side and six of the other Clerke 1 Miles Petty 2 Stephen Iies 3 John King 4 Nicholas Murrin 5 Thomas Drinty 6 Edmund Keyzer 7 Ed Perkins 8 Ralph Packman 9 William Comins 10 Simon Weedon 11 Henry Tooley 12 Abraham Smith of the Jury six lives about Smithfield one in Gosling-street two in Cheap-side two in Bred-street and one in Friday-street Just Jermin It s well done Cryer The Lords the Justices do straitly charge and command all manner of persons to keep silence while the prisoner is in tryall Mr Broughton John Lilburne hold up thy hand L. Col Lilb As I did yesterday I acknowledge my selfe to be John Lilburne Free-man of London son to Mr Richard Lilburne of the County of Durham and sometime Lieutenant Collonel in the Parliament Army Just Jermin You refuse to hold up your hand and though you break the Law of England the Court will not break it L. Col Lilb I do what the Court declares what is my right and duty to do I do no more then declare my name to be so as it is L. Keeble Read the Indictment Mr Broughton Reads Hold up thy hand John Lilburne thou standest here indicted of high Treason by the name of John Lilburne late of London Gentleman for that thou as a false Traytor not having the fear of God before thine eies but being stirred moved up by the instigation of the Devil dist indeavour not only to disturbe the peace and tranquility of this Nation but

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

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