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
and that in the daies of the commonly accounted bloudiest and cruellest Prince that this many hundreds of years hath reigned in England and yet Sir I am sure in this very place and that by special Commission of Oyer and Terminer who was accused for being one of the chiefest Confederates with Wyat in his Kentish Rebellion which Wyat marched with an Army against the Queen to London for which actual War or Rebellion Throgmorton was in this place arraigned as a Traytor and enjoyed as much if not more favor then I have now enjoyed although his then Judges and Prosecuter were bent to take away * Whose remarkable and excellent Defence you may at large read in Hollingsheads Chronicle in the life of Q. Mary which discourse is excellently well worth the speedy Reprinting especially seeing men are made Traytors for words which cruelty Q. Mary abhorred as may cleerly be read in that excellent Statute of his made in the first yeer of Her Reigne Chap. 1. his life right or wrong and therefore Sir by your favor it is no extraordinary favour that you have afforded me it is but onely my right by law Justice and common Equity But Sir I shall be short and put my business to a plain issue which is this I have here at the Bar given in many strong Arguments against the validity and legality of a special Commission of Oyer and Terminer and supposing that to be such an one by vertue of which you sit and intend to try me for my life and therefore I have humbly desired as in reason and I think in law I may justly do to hear your Commission read But you have positively denyed me that and therefore I desire all my Friends and all the people that hear me this day to bear witness and take notice that you contrary to Reason and common Equity denyed me to let me hear read your Commission by Vertue of which you go about to take away my life which I cannot chuse but desire them to take notice I declare to be very hard measure But Sir to save my self from your fore-lay'd shares and desired advantage against me I will come a little closer to the business You demand I should hold up my hand at the Bar and I know not what it meanes neither what in law it signifies It s true I have read the most part of the lawes that are in English which I take to be the Foundation of all our English legal Priviledges and in them I cannot find any thing that doth cleerly declare unto me the full signification or meaning of a mans holding up his hand at the Bar Therefore if you please but to explain what the meaning and signification of holding up the hand at the Barre is I shall seriously consider of it and I hope returne you a Rational and discreet answer for truly in those lawes which are in the English Tongue that I have read although I find mentioned maid of holding up the hand yet I cannnt finde much of the full signification of it onely I finde it to be of a large extent and as for those lawes or rather the practick part of the law that are in French and Lattin I cannot read them and therefore much lesse understand them in which regard for me to hold up my hand at the Barre before I understand the true signification of it in law which tells me it is in it selfe a ticklish thing were for me to throw away my own life upon a puntillio or nicity that I am ignorant of and therfore truly I think I should be a very fool in my own ignorance to run that danger therefore Sir I humbly desire the clear explination of the meaning of it in law after that I shal give you a fair rational answer Lord Keeble M. Lilburn you shall see we will deal very Rationally with you and not insnare you in the least manner if that be all The holding up of your hand we will tell you what it meanes and signifies in Law the calling to the party to hold up his hand at the Bar is no more but for the special notice that the party is the man inquired for or called on and therefore if you be M. Iohn Lilburn and be the man that we charge do but say that you are the man and that you are there and it shall suffice Lieut. Col. Lilburn I am Iohn Lilburn son to M. Richard Lilburn of Lord Keeble M. Lilburn what you have to say we will hear presently onely take notice that we will take your acknowledging of your name to be sufficient if you will say that you are the man you are called by your name you have come and answered to your name in order to your answering the Charge to be read against you do but this and it shall suffice without holding up your hand therefore let us have no more discourse as to that Judge Jerman M. Lilburn pray spare me a word for you have been heard with patience you have desired to have the Right of the Law of England and yet you do question a Fundamental thing that hath been alwayes used in case of Criminal offences By the Law of England that you desire to have the meaning of it is but just but you must know that the Law of England is the Law of God and if there be any thing in the Law of England but what was by admirable Constitution and Reason we would not meddle with it but I pray know this that the Law of England is no written Law it is the Law that hath been maintained by our Ancestors by the tryed rules of Reason and the prime Lawes of Nature for it does not depend upon statutes or written and declared words * But saith M. Hyde in his fore-mentioned Argument against the Northerne special Commission of Oyer and Terminer pag. 411. Misera servitus est ubi jus est vagum aut incognitum That is to say It is a miserable servitude where the law is uncertain or unknown And the very same saith that great Oracle of the law Sir Edward Cook in the Proem to the third part of his Institutes and in the fourth part fol. 332. and in several places besides But the people may easily see hereby that these present Judges drives to have no other law in being in England but what is in their own and their masters brests that so by pretence of law they may give away all the liberties and proprieties of the people of the Nation as their brother Judges did lately to the King in the case of Ship money and then woe and woe to the people to be brought back again to that Faith that ignorance is the Mother of devotion or obedience or lines and this is our Lawes that have been maintained by our Ancestors and is subordinate to the law â— Wil of God therefore I say again the Law of England is pure Primitive Reason uncorrupted and
under favour I crave but one word more heare mee out I know very well and I read in your own law books such a prerogative as that in cases of Treason no Counsell shall plead against the King hath been sometime challenged to be the Kings Right by Law but let me tell you it was an usurpt prerogative of the late King with all other arbitrary Prerogatives and unjust usurpations upon the peoples rights and freedoms which has been pretended to be taken away with him And Sir can it be just to allow me Counsell to help me to plead for my estate the lesser and to deny me the help of Counsell to enable me to plead for my life the greater Nay Sir can it be jâ—st in you Judges to take up 7 years time in ending some suits of law for a little Money or Land and deny me a few dayes to consider what to plead for my life Sir all these pretences of yours were but all the prerogatives of the Kings will to destroy the poore ignorant and harmlesse people by which undoubtedly died with him or else only the name or title is gone with him but not the power or hurtfull tyrannie or prerogative in the least Therefore seeing all such pretended and hurtfull prerogatives are pretended to be taken away with the King by those that took away his life I earnestly desire I may be assigned Counsell to consult with knowing now especially no pretence why I should be denied that benefit and priviledge of the law of just and equitable law of England having put my selfe upon a Triall according to the priviledges thereof And it was declared to me at Oxford upon the Triall of my life there after I was taken prisoner fighting against the King and his partie even almost to handiâ—gripes and to the sword point and to the butâ— end of our Musquets being in person one of that little number that for many hours together at Bâ—â—inford fought with the Kings whole Armie wher 's in the manner without any Articles or composition I was taken a prisoner and immediatly thereupon arraigned at Oxford where notwithstanding all this it was declared to me by Judg Heath to be my right by the law of England to have Counsel assigned me to help me in point of law I had it granted I confesse he is my best Authority that I have and I am sure he was a Judg of the law or else I had never pleaded to him he was upon hisoath to doe justice and right and he was an able and understanding Lawyer and yet did allow me an hostile enemie counsell to help me army right by law before ever any proofe to matter of fact was produced and I beg but the same legall priviledg from you from whom I have more cause to expect itâ— Lord Keble Were you there indicted for Treason L. Col. Lilb Yes that I was for the highest of Treasons by the letter of the law for actuall levying war against the King Judg Thorp And yet for all that you know it was no Treason so did he too for you know that you had committed no Treason at all in obeying the Parliaments command for what you have done was done by the Parliaments speciall authoritie and command and you had your commission to justifie you in your hostile actions and he knew it well enough your Act was no Treason though he did offer you counsell or else he durst not allow you counsell L. Col. Lilb I had nothing to justifie me in that Act but the equitable sense of the law the letter of it being point blank against me and on the Cavalliers side by which if they had prevailed they might have hang'd both you and me for levying War against the King notwithstanding ouâ— Parliament Commissions and this I know Sir you know to be law in the letter or punctillioes of it Judg Thorp It was no Treason in you and he that assigned you counsell knew it was no Treason and this arraignment of you was as illegall as his assigning you counsell L. Coll. Lilb Sir by your favour he was a Judge of the law by legall Authority being made by the King in whom by law that power was invested and he looked upon himself as a legall Judg and so did I too and as a legall Judg he arraigned me for doing that act that by the expresse letter of the law was Treason and as a legall and honest Judge according to his duty in law he allowed me Councell Judg Jerman For that matter that you talke of they knew it was no Treason and therefore gave you more priviledges thâ—n was their right by law very well knowing that whatsoever was done to any of you that did fight for the laws religion and liberties of their Country there might be the like done to others that were prisoners in the Parliaments power and this was the truth of it and you know it very well and therefore it is nothing to us nor in law his willingnesse L. Col. Lil. Vpon my letters after the first day of my Tryall that Declaration of lâ—x tal oâ—is was made as clearly appears by the words and date of it now in print which the Reader may peruse in the 1. part of the Parliaments Declarations p. 802 803. Judg Thorp I wonder they did not proceed in the prosecution of the Indictment and find you guilty of Treason and so to execution L. C. Lil. Vnder-your favour thus I appeared at the Bar I pleaded to my indictment not guilty I made exceptions against my indictment and my selfe and the other 2 Gentlemen arraigned with me had Counsell assigned us as our right by law And the Judges most fairly rationally further told us Because we will not surprize you wee will give you a weeks time to consider with what Counsel you please in Oxford to choose to come unto you what to plead for your lives whatsoever other priviledges you can claim by the liberties of the law of England you shall enjoy them to the utmost Vpon which premise I spoke in open Court to the Judg shewing him the irons upon my hands in which I was arraigned and told him My Lord by the lawes of England no prisoner for any crime soever that behaves himselfe civilly and peaceably in his imprisonment ought to be put in irons or to any other pain or torment before he be legally convicted and therefore I desire as my right by law that my irons may be taken off And I said further My Lord I am shut up a close prisoner in my chamber denyed the use of pen ink and paper which is contrary unto law especially in the time of my Triall Why sayes he you shall be released from your irons from your close imprisonment and have the use of pen inke and paper and Capt Lilburn I tell you you shall enjoy whatsoever other priviledge you can challenge as your right by law for the law of England is a law of
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
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
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
of England meaning for he the aforesaid Captain Genrall meaning is no Generall but is meerely a great Tyrant meaning the aforesaid Capt. Generall standing by the power of his owne will and a strong sword borne by his vassels slaves and creatures the Souldiers of the Army aforesaid meaning having no Commission to be Generall either from the Law or the Parliament nor from the prime lawes of Nature reason For first when he was made Generall by both houses of Parliament it was expresly against the letter of the Laws And secondly when he refused to disband c. he hath rebelled against his Parliament Commission and thereby destroyed and annihilated it c. The Reader is desired to take notice that in the Indictment it selfe there was a great many other things then in this is expressed as particularly divers passages out of a book called Mr. Lilburnes Intituled The Legall Fundamentall liberties of England revived c. as also out of another book Intituled A preparative to an Hue and Cry after Sir Arthur Haslerigg c. as also out of The Agreement of the People of the first of May 1649. with severall other remarkable things in matter and forme that was more neglected to be taken then the pleadings because it was not supposed but the Indictment being a Record a true Copy of it might easily be had considering that by Law all Records ought freely to be used by any free-man of England and Copies of them to be denied to none that desire to take them but that Priviledge being already in this Cause disputed and denyed in which regard the Reader must at present accept of the best imperfect notes the Publisher could pick up but to go on And further that thou the said John Lilburne as a false Traytor all and singular the clauses and English wordes abovesaid and many other trayterous poysonous and malicious expressions in and by the aforesaid writings and by the aforesaid severall books as aforesaid recorded and by thee the aforesaid John Lilburne published and openly declared in the severall books so as aforesaid printed and by the aforesaid wrightings and by thee the aforesaid John Lilburne in manner and forme aforesaide published and openly divusged and declared divers other scandalous malicious tumultuous and treacherous clauses and words in the said 〈…〉 contained falsely maliciously advisedly and trayterously hast publ 〈…〉 and openly declared to the intent to stir up and raise forces against 〈…〉 Government aforesaid in the way of a Common-wealth and free 〈…〉 as aforesaid established and for the suppressing and alteration of the 〈…〉 Government and to stir up mutiny in the Army aforesaid and also 〈…〉 withdraw the said John Tooke Thomas Lewis and John Skinner and 〈…〉 other Souldiers from their obedience to their superiour Officers and 〈◊〉 Commanders and to set them in mutiny and rebellion against the publick peace and to manifest contempt of the Lawes of this Common-wealth and free State and against the forme of the Statutes in this Case made and provided The Indictment being reading and the noise of the people in the Hall great the Prisoner said he could not heare and had some few lines before read over to him L. Col. Lilb Pray hold your Peace Gentlemen I beseech you be quiet speaking to the people L. Keeble Quiet you your self we will quiet them for you Braughton Which Country are you so that you are to finde whither he is guilty or no he having already pleaded Not Guilty If you finde that he is Guilty of any of the high Treasons laid to his Charge then you are to enquire what goods Lands or Chattels he stood possessed of when he committed the said high Treasons but if you finde him not Guilty you shall then enqnire whither he did not fly for it and if he did not fly for it Then you are to say so and no more therefore hearken to your evidence L. Col. Lilb May it please your Honour Cryer If any man can give any Evidence to my Lords the Justices of Oyer and Terminer against Mr. Iohn Lilburne let him come in and he shall be heard L. Col. Lilb I desire to be heard to speak two or three words I humbly desire the favour to speak two or three words I humbly desire the favour to be heard two words L. Keeble It is not a fit time you shall be heard in your due time but hear what the Witnesses saith first L. Col. Lilb I conceive I am much wronged in saying that I pleaded not Guilty for I pleaded no such Plea I appeale to the Court and to all that heard me whether I pleaded any such Plea for before I pleaded the Court became engaged to me to take no advantage of my ignorance of the formalities of the Law and promised to give me as much priviledge as my Lord Duke of Hambleton and others injoyed before the Court of 〈◊〉 L. Keeble We know all this L. Col. Lilb Sir by your favour I pleaded conditionally and now I 〈◊〉 my absolute Plea to the Indictment which is this That I except 〈◊〉 the matter and form of it in matter time place and humbly crave 〈◊〉 to assigne and plead to the errors thereof L. Keeble You must hear us we hear you a word is a great deale these things we have taken perfect notice of the Court is not ignorant of them Therefore they need not so suddainly be repeated to us againe you need not repeate these things for I tell you agan◠they are all fresh in our memories and that we have done we must maintaine or we have done nothing L. Col. Lilb Truly it is requisite for me to say that I am wronged I had no such single Plea I plead a Plea at large to the errors of the Indictment and first now crave liberty of the Law of England to have time and Councell assigned me L. Keeble You shall have the Lawes of England although you refuse to own them in not holding up your hand for the holding up of the hand hath been used as a part of the Law of England these 500 yeares go on My Lord Mr. the Councell that was an assistant to Mr. Prideaux The prisoner at the Barstands Indicted as a Traytor for that he contriving and maliciously intending not only to disturbe the publicke Peace but also to bring the Government of the Nation happily setled in a free State or Common-wealth without a King or an house of Lords and the Commons in Parliament assembled to bring in disgrace and contempt amongst all good men he did the first of this instant October and divers times before and since in this City falsly and maliciously advisedly and trayterously by writing printing and openly derlaring in and by one Paper of his called A Salva libertate and by divers other papers and books whereof one he calls An Impeachment of high Treason against Oliver Cromwell and his sonne in law Henry Ireton and another book of his Entituled An
Forraigners or Strangers to invade England or Ireland or shall adhear to any Forces raised by the Enemies of the Parliament or Common-wealth or Keepers of the Libertie of England Or if any person shall counterfeit the great Seal of England for the time being used and appointed by Authority of Parliament that then every such offence and offences shall be taken deemed and declared by Authority of this Parliament to be high Treason And every such persons shall suffer paines of death and also forfeit unto the Keepers of the Liberty of England to and for the use of the Common-wealth all and singular his and their Lands Tenements and Hereditaments Goods and Chattles as in case of high Treason hath been used by the Lawes and Statutes of this Land to be forfeit and lost provided alwayes that no persons shall be indicted and araigned for any the offences mentioned in this Act unlesse such offenders shall be indicted prosecuted for the same within one year after the offence committed And be it further enacted by the Authority aforesaid that if any person shall counterfeit the money of this Common-wealth or shall bring any false money into this Land counterfeit or other like to the money of this Common-wealth knowing the money to be false to marchandize or make payment in deceit of the people of this Nation Or if any person shall hereafter falsly forge and counterfeit any such kind of Coyn of Gold or Silver as is not the proper Coyn of this Common-wealth and is or shall be current within this Nation by consent of the Parliament or such as shall be by them authorised thereunto or shall bring from the parts beyond the Seas into this Common-wealth or into any the Dominions of the same any such false and counterfeit Coyn of money being current within the same as is above said knowing the same money to be false and counterfeit to the intent to utter or make payment with the same within this Common-wealth by merchandize or otherwise Or if any person shall impair diminish falsifie clip wash round or file scale or lighten for wicked lucre or gaines fake any the proper moneyes or Coynes of this Common-wealth or the Dominions thereof or of the moneyes or Coyns of any other realme allowed and suffered to be current within this Common-wealth or the Dominions thereof that then all and every such offences above mentioned shall be and are hereby deemed and adjudged high Treason and the offenders therein their Councellers Procurers Ayders and Abetters being convicted according to the Laws of this Nation of any of the said offences shall be deemed and adjudged Traytours against this Common-wealth and shall suffer and have such pains of death and forfeitures as in case of ligh Treason is used and ordained Provided alwayes and be it enacted by the Authority aforesaid that this Act touching the moneyes and Coyns aforesaid or any thing therein contained nor any attainder of any person for the same shall in any wise extend or be judged to make any corruption of bloud to any the heir or heirs of any such offender or to make the wife of any such offender to lose or forfeit her dower of or in any Lands Tenements or Hereditaments or her Title Action or Interest in the same Mr Atturney My Lords and you Gentlemen of the Jury you have heard these laws read unto you the clauses that we are to make out in proof against Mr Lilburne are these That if any person shall maliciously or advisedly publish by writing Printing or openly declaring that the said Government is Tyrannicall usurped or unlawfull or that the Commons in Parliament assembled are not the Supreme authority of this Nation are Traytors these we shall joyne together with his books My Lord you are here in Court and have received the proofs against him and we shall now make it out that he hath done what this Statute forbids out of his own books that have come from himself as the Author of them My Lord we shall begin with that charge against him in declaring the government Tyrannicall usurped and unlawfull and for that end see his Impeachment of Lieut Gen Cromwell c. page 8. Just Jermin Mr Lilburne Doth your Paper of the 17 of May agree with that which was read or no. L. Col Lilb No. Sir I conceive Sir you ask'd me whether this Act I have in my hand do agree with that which was read Just Jermin Yes Sir I do L. Col Lilburne It does not Just Jermine Then you will make use of it by and by Lieut. Col Lilb I Sir I intend so if you will let me Mr Atturn My Lord The first is that Mr Lilburne hath declared the present Government to be tyrannicall usurped and unlawfull and that in ipsissimis verbis that he hath so declared in a very high way in the very words so his book intituled an impeachment of high treason against Oliver Cromwell and his Son in law Henry Ireton c. Read fol Clerk Fol 8. Yea and the absolute keeping up of a perpetuall everlasting Army under which the people are absolute perfect Slaves and Vassals as by woefull and lamentable experience they now see they perfectly are which slavery and absolute bondage is like daily to encrease under the present Tyrannicall and Arbitrary new erected robbing Government Mr Attur And so My Lord it is here exprest to be a tyrannicall and arbitrary Government which are expresly within the word of the Law for they are a tyrannicall Government My Lords we shall not stick here with him but you shall see the whole Course of all his pens writing hath been to this purpose that goes very far My Lord see the Title page of the last book Clerk Title page Before a legall Magistracie when there shall be one in England which now in the least there is not Mr Prideaux See fol 1. Clerk Pag. 1. I have fully both by Law and Reason undeniably and unanswerably proved that the present Juncto sitting at Westminster are no Parliament at all in any sence either upon the Principles of Law or Reason but are a Company of usurping Tyrants and Destroyers of your Lawes Liberties Freedoms and Proprieties sitting by Virtue of the Power and conquest of the Sword Mr Prid Read the Title page of the same book Clerk An impeachment of high Treason against Oliver Cromwell and his Son in Law Henry Ireton Esquires members of the late forcibly dissolved House of Commons presented to publick view by Lieut. Col John Lilburne close Prisoner in the Tower of London for his reall true and zealous affections to the Liberties of his native Countrey In which following Discourse or impeachment he engageth upon his life either upon the Principles of Law by way of indictment the onely and alone legall way of all Tryals in England or upon the Principles of Parliaments Ancient Proceedings or upon the Principles of Reason by pretence of which alone they lately took away the
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
is the Fact upon which all the evidence does depend and you are to judge whether in all those books there be not by Mr Lilburne a trayterous Fact committed and how clearly this does appear unto you withall Circumstances thereunto belonging I leave you to judge and how short his pretended replyes are to be seen or invalidate the strength of the witnesses I also leave you to judge I say I might easily shew you how short his prevented answers are of reall satisfaction but I leave it to your Judgements L. Col. Lilb Sir my answers are reall answers not pretended ones as you are pleased to call them Just Jermin But in this businesse the evidences are sufficient to make a man guilty of Treason for here was not simply a passionate Act or inconsiderate speech but what he hath done he hath done deliberately and advisedly which is sufficient to make him or any man that so doth guilty of Treason All this that was published was in August the Act is in July preceding Now it is very true and I will english it For Mr Lilburne Actus non facit reum nisi mens rea The Act of a man does not make him guilty unless his mind be guilty But I pray how shall any man know the guilt of a mans mind but by those polluting and poysonous words that comes out of his mouth that 's the mind what I hear a man say I may lawfully say he thinks and it is a rule in Law that the outward Acts do shew forth inward intentions that very rule I will not speak it in Latin because I speak to one that does say he does not understand Latin otherwise I could speak more Latin now here is the matter whether or no upon the whole Evidence that you have heard there does not appear sufficient matter to make this Prisoner guilty not of rash but of advised and deliberate Treason and as plainly of plotting and contriving to raise Mutiny and Sedition in the Army thereby totally to subvert and destroy the present Government and truly I have not heard more of skill has been used and more Attempts made then I think you have heard and do remember I doubt not but as you will take care of the life of a man that you must not take away the life of an innocent so you will be as carefull of your own Souls and the publick Safety and that 's all that I desire and I pray God to direct you for the best L. Col. Lilb If you will not let me have Counsel let my Sollicitour speak matter of Law for me Just Jermin Mr Attorny you must take some care to suppresse this he will not be answered by us I pray demand Justice of the Court against him L. Col. Lilb Well Sir then I have done The Fore-man desires the Act for Treason and one of the Jury desired to drink a Cup of Sacke for they had sat long and how much longer the debate of the business might last he knew not and therefore desired that they might have amongst them a quart of Sacke to refresh them Just Jermin Gentlemen of the Iury I know for my part in ordinary Iuries that they have been permitted to drink before they went from the Barre but in case of fellony or Treason I never so much as heard it so or so much as ask'd for and therefore you cannot have it But one of the Judges moved they might have it Iust Jermin I may not give leave to have my Conscience to erre I dare not and thus if the rest of the Iudges be of Opinion you shall have a light if you please the fellow that keeps you shall help you to it but for Sacke you can have none and therefore mithdraw about your work L. Col. Lilb Sir I understand the Officer that is to keep their door hath declared some thing of bitternesse of spirit against me I desire therefore he may have some indifferent man joyned with him to see I have fair play which was granted and he sworne The Jury go forth about 5 a clocke the Court adjourned till 6 a clock and the Court commands the Lieutenant of the Tower and the Sheriffs to carry the Prisoner into the Irish Chamber which they did The Prisoner stayes about 3 quarters of an houre and the Iury being come into the Court again the Prisoner was sent for and after the Cryer had caused silence the Iuries names were called viz. 1 Miles Petty 2 Stephen Iles 3 Abraham Smith 4 John King 5 Nicholas Murren 6 Thomas Dainty 7 Edmond Keysar 8 Edward Perkins 9 Ralph Packman 10 William Commens 11 Simon Werdon 12 Henry Tooley Clerk Are you agreed of your verdict Iury. Yes Clerk Who shall speak for you Iury. Our Fore-man Cryer Iohn Lilburn hold up thy hand what say you look upon the Prisoner is he guilty of the Treasons charged upon him or any of them or not guilty Fore-man Not guilty of all of them Clerk Nor of all the Treason or any of them that are layed to his charge Fore-man No of all nor of any one of them Clerk Did he fly for the same Fore-man No. Which No being pronounced with a loud voice immediatly the whole multitude of People in the Hall for joy of the Prisoners acquittall gave such a loud and unanimous shout as is beleeved was never heard in Yeeld-hall which lasted for about halfe an hour without intermission which made the Iudges for fear turne pale and hange down their heads but the Prisoner stood silent at the Barre rather more sad in his countenance then he was before but silence being made Clerk Then hearken to your verdict the Court hath heard it you say that Iohn Lilburne is not guilty of all the Treasons laid unto his charge nor of any one of them and so say you all and that he did not flie it Iury. Yes we do so Clerk Gentlemen of the grand Inquest the Court doth discharge you And you Gentlemen of life and death the Court doth discharge you also Lieutenant of the Tower you are to carry your Prisoner to the Tower again and Major General Skippon is to guard you and all whom you shall desire are to assist you The Prisoner withdrawn and the Court adjourned till Wednesday following And extraordinary were the acclamations for the Prisoners deliverance as the like hath not been seen in England which acclamations and loud reioycing expressions went quite through the Streets with him to the very gates of the Tower and for joy the People caused that night abundance of Bonfires to be made all up and down the Streets and yet for all his acquitall by the Law his adversaries kept him afterwards so long in Prison that the People wondered and began to grumble that hee was not descharged and divers of his Friends went to the Judges the Parliament and Councell of State by whose importunities by the seasonable helpe of the Lord Gray of Groby Col. Ludlow Mr. Robinson and Col.
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 Assiâ—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 â—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
it is inconsistent with the peoples liberties and as that which destroyed and disinherited all the people that were tryed both of their Birth-right and Inheritance viz. Their Liberties and Freedoms contained in Magna Charta And this Sir was the declared and avowed judgement and opinion of the house of Commons in April 1641. in their primitive purity and none-defilement when they acted bravely and gallantly for the universall Liberties and Freedom of this Nation and not selfe-interest when they were in the Virginity of their Glory and Splendor as he there fully and most excellently declares and yet he there gives an extraordinary reason for the original erection of that Court founded upon a special Commission of Oyer and Terminer as can be rendred The originall reason or occasion of which he there declares to be thus that by reason of the suppression of the Abbies in the 27. of Henry the eights time In the North of England through discontent thereat there did arise from the said 27. yeare to the 30. no fewer then six grand insurrections most of them under the Command of some eminent man of those Countries which Insurrections Rebellions occasioned the leavying of great Armies which had like to have set the whole Kingdom in an universall flame for the suppressing and preventing of which in future times King Henry the 8. caused a special Court to be erected by a special Commission of Oyer and Terminer which Court also continued in Edward the sixt time Queen Maries and first and seventh of K. James The Basis of which Commission was founded upon those fore-mentioned innovating Statutes made in Edward the second and Edward the third's time * Which were Westminster the second being the 13. of Ed. 1. c. 29. 2. Ed. 3. c. 2. 34. Ed. 3. c. 1. which special Commission of Oyer and Terminer was several times renewed by the late K. Charles as in the fift eighth and thirteenth yeer of his Reign And the said M. Hide there in his Argument or Speech which I have here in print names several of the Presidents of that illegal Court of special Commission of Oyer and Terminer and he there also declares in what an extraordinary manner and upon what an extraordinary occasion it was granted which was so great as that a greater could not be imagined and yet notwithstanding he declares that this extraordinary Commission which being granted to suppress and quiet those many extraordinary Insurrections and Rebellions which do not admit of so long delay as times of ordinary Tryal in times of Peace when the Ordinary Legal and common Courts of Justice are open and free will do when peace and quiet is in the Nation as now it is and yet for all that he condemns it for illegal And therefore Sir admit my actions in their tendancy to be as dangerous and hainous as any of my adversaries can imagine or declare them to be yet they are but in the ashes but in the harth they are not broke out into visible and violent hostile actions and therefore I say if special Commissions of Oyer and Terminer granted in such special and transcendent cases as those in Henry the 8. time were illegal much more must a special Commission of Oyer and Terminer granted to try me barely for words or at most for pretended Writings or Books at such a time when there is no burning flame of Insurrections or Rebellions in the Kingdom but all in visible peace and all the ordinary Courts of Justice open and I and my Friends have often sought to enjoy the benefit of the Law in a Legal Trial from first to last but could never enjoy it in the least measure although many Sizes and Sessions have past over my head since my first Commitment now seven moneths ago at the first of which in the County where my pretended crime was committed I ought by Law and Justice either to be tryed or acquitted so that Sir by what I have already said you may see the judgement and opinion of the House of Commons upon special Commissions of Oyer and Terminer in their first purity when as a full House there being constantly 400 or 500. of them siting in the House as the deputed and chosen Trustees of the People of England whose opinion was to dam them and pluck them up by the roots as unjust and illegal in their original Institution which they have accordingly done and declared to the whole Nation in the Act that abolished the Star-chamber where that Court spoken against by M. Hide is totally dammed and pulled up by the roots So that now in Law I cannot see how special Commissions of Oyer and Terminer can be legal at this present admit the Power never so just from whom it comes but abundantly much more seing there is no actual Wars nor popular Insurrections which if lately there had bin any and yet were overcome Of which judgment Sir Edw. Cook is positively in part 2. Instit f. 48. and part 3. f. 52. in Th. Earl of Lancasters case which is singular well worth the reading See also part 1. Instit f. 13. a. there is no pretense of ground by the good old Laws of England for any extraordinary proceedings against any man although he had bin in Arms against you but he ought to have the benefit of the ordinary accustomed and common tryals at the Common Law as cleerly appears by the express words of the Petition of Right * But I was never in any hostile manner against those that are the present Governors of the Nation but have bin under their command in several battels in the Nation and have hazarded my life for them and never yet in the least changed my original or first Principles nor never was engaged in the least in any hostility against them but have alwaies since I five yeers ago gave over my command lived in peace and quietness in mine own house and aboad and was the same day at the House of Commons dore that their Votes passed against me declaring me in general which in Law signifies nothing to be a Traytor and spake with a Gentleman that is now a Judge amongst your selves viz. M. Rigby at the House dore who in some great Ones names proffered me large matters if I would do as I should be directed by them after this I went home to mine own house in Southwark where I stayed in peace and quietness well enough knowing the Votes that that day past against me without either particular accusation or accuser or any such thing where I stayed when as I might easily have escaped the hands of mine enemies and bin gone but having the sweet peace of a good Conscience within me which did assure me that I had done nothing that was against the Welfare of the Nation of England in general nor against the welfare of any one particular man in England but really wisht it well and all its well-wishers I say that notwithstanding my certain
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
justice Lord Keble Mr. Lilburn We shall deale with you according to reason and justice and after such a manner as you your selfe shall judge rationall and right L. Col. Lilburn Gentlemen I shall speake but a few words I beseech you hear me for it is upon my life Lord Keble You say you will deale rationally in those wayes that is to be expected from you the first in reason is to answer and plead and before you so doe you cannot be heard L. Col. Lilburn Give me leave to speak and I shall not speak 6 lines whicâ— with much strugling being granted Mr. Lilburn went on and said to this effect Then Sir thus By the laws of England I am not to answer to questions against or concerning my selfe Lord Keble You shall not be compeld Another Judg. Mr. Lilburn is this to answer against your selfe to say you are not guilty by the lawes of the Land you are to plead to your charge and it is no accusing of your selfe to say guilty or not guilty L. Coll. Lilb Sir by your favour Judg Keble To answer that you are not guilty is no great matter nor definit in law ☞ L. Col. Lilb By the law of England I am to be tryed by a Rule but I do not know by the rules of the law what benefit in reference to my exception against the illegality of my Indictment I may deprive my selfe of in case I should answer before I except Lord Keble The law is plain that you are positively to answer guilty or not guilty which you please L. Col. Lilb Sir By the Petition of Right I am not to answer to any Questions concerning my selfe therefore I humbly entreat you to afford â—â—e the priviledges of the laws of England and I will return a positive answer to it if you will but please to allow me Counsell that I may consult with them for I am ignorant of the formalities of law in the practick part of it although I here declare I own the good old laws of England and a legall Jury of 12. men yea and a tryall by a jury of legall men and I doe humbly crave Sir a copy of the Indictment or so much of it as I may ground my plea upon it and reasonable time to consult with my Councell although it be but 8. or 9. days Lord Keble You speak well but you must doe well 't is that we come for the rationablenesse of it is this that you should shortly answer Sir to that question and in a rationall legall way when you have answered it you shal have liberty to make your defence to maintain that you say but this that we speak now of is a thing in your own breast in your own knowledge whether you be guilty of this that is laid to your charge or no And if you be clear you cannot wrong your selfe nor your conscience for in saying not guilty you know better what you say then any other doth L. Col. Lilb Sir I am ignorant of the formalities of the Law having no bookes in English wherein I can read them and as for other tongues I understand none and therefore for you to take away my life for my ignorance when the practick part of the Law or the formalities thereof is lockt up in strange language that it is impossible for mee to read or understand is extream hard It is true in those English plaine laws which I have read I find something spoken of it but must aver that I find there is a great deale of nicity and danger in locking a man up to single formalities in answering guilty or not guilty and therefore I beseech to assign me Councel to informe my ignorance and give mee but leave to consult with my Councell and I will returne you an answer according to your desire without any demurre as soone as it is possible for mee to know what groâ—nds I goe upon Mr. Broughton John Lilburn what saist thou art thou guiltie of the Treason laid unto thy charge or art thou not guiltie L. Col. Lilb But under favour thus for you to come to ensnare and entrap me with unknown nicities and formalities that are lockt up in the French and Latine tongue and cannot be read in English bookes they being not exprest in any law of the Kingdome published in our owne English tongue it is not faire play according to the law of England plainly in English exprest in the Petition of Right and other the good olde statute-Lawes of the Land Therefore I again humbly desire to have Councell assigned to me to consult with what these formalities in law signifie so that I may not throw away my life ignorantly upon formes Lord Keble Mr. Lilburn we cannot grant you that favour it is not consistent to the law whatsoever you say to the contrary L. Col. Lilb I hope you will not goe about to ensnare me and take away my life for punctillios Another Judg. Well then you will not plead L. Col. Lilb Yes if I may be allowed that which I conceive to be my birth right and priviledge to consult with counsell or that you please to make the sameengagement to me that Mr. Bradshaw as the President of the high Court of justice made to Duke Hamilton which was that the Court would take no advantage at all at his ignorance in the nicities and formalities of the law in his pleading let me but enjoy this engagement from you and I will plead Lord Keble You shall have that which is according to the law therefore Mr. Lilburn I advise you for to plad and you shall have faire play and no advantage taken against you by your ignorance of the formalitie of the law L. Col. Lilb Well then Sir upon that engagement and because I see you are so positive in the thing This is my answer that I am not guilty of any of the Treasons in manner and form as they are there laid down in that indictment pointing to it and therefore now Sir having pleaded I crave the liberty of England that you will assigne me counsell Mr. Broughton By whom wilt thou be tried L. Col. Lilb By the known laws of England and a legall jury of my equals constituted according to law Mr. Brought By whom wilt thou be tried L. Col. Lilb By the known lawes of England I meane by the liberties and priviledges of the laws of England and a jury of my equalls legally chosen and now Sir I again desire Counsell to be assigned me to consult with in point of law that so I may not destroy my selfe through my ignorance this is but the same priviledg that was granted at Oxford unto me and the rest of my fellow prisoners arraigned with mee One of the Clerks You must say by God and your countrey that 's the forme of the law L. Col. Lilb Why must I say so Another Judg. This is the form and law of the Land will you plead Mr. Lilburn according to the lawes of England
L. C. Lilb Truly I â—â—ver read it Sir in the lawes of England what it is to plead in this nature Lord Keble You say you will be tried by the lawes of the Land then it is by the Countrey and so you may plead and doe your selfe no harme for by the Countrey is meant a Jurie of your equalls L. Col. Lilb Sir I am doubtfull of my ignorance in the Lawes yet I will returne you an answer you making good your already engaged promises that you will take no advantage against me if through my ignorance and your importunitie I plead in any forme that in strictnesse of acceptation may deprive me of any reall benefit the law will afford me Judg Thorp Mr. Lilburn you will be tried by the law and by the rules thereof when you say so you doe reallie declare it to be by your countrie so that the true signification of being tried by the law is the same thing in substance with being tried by the rules of the law L. Col. Lilb Then I hope my answer is cleare and fair Sir Judg Jermin The formalitie is shortly this to be tried by God and your countrie no more is meant by it but thus by God as God is everie where present yea in all Courts of Justice and sits and knows all things that are acted said and done the other part of it by your countrie that is by your countrie or neighbourhood the Countrie is called Patria because your neighbour and your equals which you are willing to put your self upon the triall of by force of that word the Countrie a Jurie of the neighborhood for triall of you are summoned now doe what you will L. Col. Lilb Sir under your favour thus then in the negative I say God is not locally or corporally here present to try me or passe upon me but affirmative I returne this answer that I desire to be tryed in the presence of that God that by his omnipotent power is present every where and beholds all the actions that are done upon the earth and sees and knows whether any of your hearts be possessed with a premeditated malice against me and whether any of you come with so much forethought of malice against me as that in your hearts you intend to do the utmost you can right or wrong to destroy me and before this alseeing God I desire to be tryed and by my Countrey that is to say by a jury of my equalls according to the good old lawes of the Land Justice Thorp You have spoken very well Lord Keble You have done like an English-man so far as you have gone and I doe assure that in any formalities as you expresse orcall them there shall be no advantage againsty ou if you mistake in them Now what you have the next to thinke upon is your Jurie of your countri-men or neighbours of your equalls and I promise you we will take â—are of that that they shall be good and lawfull men of England L. Col. Lilb I thank you Sir but under your favour thus your indictment is extream long and of aboundance of particulars it is impossible that my memory or of any one mans in England can contain it or carry it in our heads and therefore that I may make my defence so as becomes a rationall English man I earnestly entreat you that now you wil be pleased to give me a copy of my indictment or so much of it as you expect a plea from me upon or an answer unto and Counsell assigned me and time to debaâ—e with my Counsell and sub-poena's for witnesses Lord Keble For â—ouncell you need none Mr. Lilburn for that not guilty which you have pleaded is that which lies in your own breast which rests in your owne counsell and you know how it is and can best plead that your self Councell lies in matter of law not of fact L. Col. Lilb Vnder favour I desire Councell for matter of law and not for matter of fact My indictment I believe in law is all matter of law and I have something to say to it in law Lord Keble If matter of law doe arise upon the proofe of the fact you shall know it and then shall have Councell assigned to you L. Col. Lilb I my selfe have before this been upon some trialls and never before this was denyed Councell no nor so much as ever disputed whether I should have it or no. I also was at a great part of the Earl of Straffords tryall who was supposed a most notorious Traytor and yet if my observation and memory doe not exceedingly faile mee he had Councell assigned him at his first desire and they were continually with him not only at the Bar when he was there but also had continuall and free accesse to him in prison Besides Sir I being accused of Treason in such an extraordinary manner and being but an ordinary man my selfe no eminent experienced Lawyer dare well meddle with my businesse no nor so much as bestow a visit upon me but he runs a hazard of being undone and truly my estate is in an extraordinary manner taken from me so that I have not money to send messengers up and downe privately to their chambers and therefore that I may be freely and allowedly able without danger of ruine to any man that shall advise me I shall humbly crave as my right by law and I am sure by common equity and justice that I may have Councell and Soliciters also assigned me Lord Keble Mr. Lilburn speake rationally for your selfe when there comes a matter of law that you are able to say this is for matter of law arising from matter of fact that hath been proved or endeavoured to be proved when you come beyond that you shall have it as willingly as you can desire and withall this that you say concerning your Memory which you say is not able to carry away or containe the particulars of this Inditement The Inditement so much as will charge your memory will be very short for it is the publishing of those books charged upon you in the Inditement that will be the matter which will stick and that matter will be very short which we must prove against you which is only matter of fact and not of Law And therefore for fact of Treason you can be allowed no Counsell but must plead it your selfe L. Col. Lilb Sir under favour you expect from me impossibilities for seeing I have been seven moneths in prison for nothing and could not in the least know perfectly what would be laid to my charge nor after what manner I should be proceeded against considering all proceedings against me hithertoward have been so absolutely arbitrary that it was impossible for me in Law exactly to come provided and therefore seeing I am now here and you pretend to proceed with me according to the due course of Law and seeing the forme of the proceedings in this manner with me is not expresly and exactly
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-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 Tâ—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
mercy and I hope we shall appear just Judges of it and therefore you shall freely have either Lawyer or whom you will in Oxford to come unto you to help you and advise you And says he because you shall see that law and justice is of the Kings side against the Parliament and because they shall have no cause to calumniate us at Westminster and to say we are unrighteous and unjust Judges that surprize you and thereby goe about to murther you the Court is freely willing to give you a weeks time to consider with your Counsel in the mean time what this day sev'â—ight to plead for your life in which time being freed of my irons and of my close imprisonment enjoying pen ink and paper at my pleasure by speciall order from the other 2. Gent. I writ a letter to my wife in it enclosed another to your Speaker another to yong Sir Henry Vane then my familiar acquaintance all which I sent in post hast away to my wife by the hands of Capt. Primroses wife which Cap. Primrose was prisoner there his wife who brougt up the letter to my wife is now in London which letter my wife delivered to the Speaker c. and by her importunate solicitation procured the Declaration of lex talionis the substance of which in a letter from Mr. Speaker my wife brought down to Oxford and delivered to the Lord Heaths own hands upon the Sunday after the first day of our arraignment and the 3d day before we were to appear again my Wife arrived at Oxford with the Speakers letter which she delivered to Judg Heath himself which letter taking notice of our tryall threatned them with lex talionis to doe the like to their prisoners that they did to us or any of us and they having many of their great eminent men prisoners in the Tower and in Warwick Castle and other places did induce them to stop all further prosecution of Col. Vivers Capt. Catesbie and my selfe And if it had not been for this threatning letter in all likelihood we had all 3. been condemned by a commission of Oyer Terminer executed for my wife did heare Judge Heath say to some of his Associates at his reading of the letter that as for all the threatning part of it as to his particular selfe I value it not but said he we must be tender of the lives of the Lords Gentlemen that served the K. are in the custody of those at Westminster and that clause of lex talion is put a stop to our proceedings and further tryals at law L. Keble It was well for you by your storie that you do tell that you had so fair play you shall have with us who are upon our lives oaths as much as the law will afford you so much as our judgement and consciences can lead us to without doing injustice in granting more then the laws of England wil afford what was done there is nothing to us here for we are not to walke by their president but by our owne Judgments according to the aules of the law here t is thus far just that upon the proof of matter of fact if law do arise you are to have counsell if not you are to have none By your allegation you say you had counsell assigned you before any matter of fact came to be proved when as a Judg of the law he could not but do it but if he did it is nothing to us we cannot do it yet we have in this place proceeded legally hitherto with you when that matter of law doth arise from the fact as you had counsell there assigned you so shall you have here you shal have faire dealing fair play according to law which is absolutely as I tell you L. C. Lil. Sir by your favour I crave but one word more and that is this here is a Gentleman that is a by-stander a friend of mine and my Solliciter who by law as wel as any other by stander may * Cook in his Inst 3. part c. petty treason fol. 29. is expresse in this particular so is he in c. 63. being his câ—p of counsell learned in pleas of the Crown fol. 137. speak for the prisoner at the Bar in case he perceive things urged against him contrary to law and therefore I desire he may speak two or three words Mr. Sprat beginning to speak Lord Keble Spare your selfe when your time comes you shall speak Mr. Sprat He asked leave for me first And Sir it is easie to prove the whole indictment to be matter of law Judg Jerman What impudent follow is that that dare be so bold as to speak in the Court without being called Mr. Lilburn by your own words you say you were told at Oxford that by law you were to have counsell that is as true that the Court is of counsel for the prisoner arraigned at the Bar so we ought shall permit you other counsell if matter of law upon the proof of the fact do arise but for any other counsell to be assigned you before that appear is not by law warranted we shal tread the rules of justice and we shall doe wrong to the whole common-wealth if we should allow you counsell before matter of law doth arise from the proof of the fact and to allow counsel in any other case the Court commits injustice Lord Keble And this Mr. Lilburn I will promise you that when there comes matter in law let be a Lawyer or your selfe he shall speake in your behalfe but before he cannot L. C. Lil. Sir the whole indictment under favour is matter of law the great question that will arise admit the fact should be true and admit it should be granted is whether the words be Treason in law yea or no also it is matter of law in the indictment whether the matter in the indictment be rightly alledged as to matter time and place And it is matter of law in the indictment where there divers several pretended treasons committed in divers and severall Counties put into one and the same indictment be legall yea or no. Lord Keble Vpon proof of the matter of fact you shall hear know whether matter of law will arise and till the words be proved wee cannot say whether that be the law that you suppose L. C. Lil. Truly Sir you promised me a faire Tryall that you would not take advantages of my ignorance in the laws formalities but the Lord deliver me and all true hearted Englishmen from such unjust and untighteous proceedings as I find at your hands who goe about I now clearly see by my ignorance in holding mee to a single naked plea which is purely as bad if not worse then all the prerogatives for the worst grossest of his prerogatives in a more rigorous manner then they were used in his life time to be thus prest upon me at
this day after bee hath lost his life for pretended tyranny and injustice liberty and freedom in publick Declrations declared to the Kingdom I say if there be justice and equity in this I have lost my understanding the good Lord God of heaven deliver me from all such justiciaries L. Keble M. Lilb you have bin arraigned before us for high Treason we bid you forbear those tearms of yours long agoe speak that you doe rationally and you shall have fair and christian answers and replies as ever any man-had at a Bar goe on you shall have it still if you will be fair and rationall not break out into extravagancies and bitternesse of spirit L. Col. Lilb For my part Sir I must look upon my selfe as a lost and dead man if I have not counsell to help my ignorance to pitch upon those things that tend to my preservation and therefore if you willl not assigne me Counsell to advise and consult with I am resolved to goe no further though I die for it and my innocent blood be upon your heads Justice Jermin You have alledged part of the Law of England for your own advantage but every one that says so does not prove it to be so you have sayd you will be tried by the Lawes of England and yet against the Lawes of England you have utterly refused in that you would not hold up your hand which I doe not know any English that ever refused so to doe but your selfe you have been told by the Court what the Law of England is and yet you will not be satisfied We are upon our Oathes and therefore will discharge our consciences and that in or more eminent manner than my brother Heath did although we doe not deny your liberty to speak for your self But now you who would have Counsell assigned before any matter of Law doth appeare upon the proofe of the fact which we cannot doe for it were to doe injustice and to d ee against the Law which the Court cannot justifie L. Col. Lilb Sir under favour whether or no I have transgrest the Law I will not judge but I am sure the Law in the equity and intention of it would have all trials to be equall and not prejudicial My prosecutors have had time enough to consult with counsell of all sorts and kinds to destroy me yea with your selves and I have not had any time at all not knowing in the least what you would charge upon me and therefore could provide no defence for that which I knew not what it would be And if by the law of England I cannot have counsell then uppon your own grant which is That the Lawes of God are the Lawes of England I desire to have the priviledge of the law of God which you your selfe said is the law of England and I am sure the law of God is that you should doe as you would be done to now it cannot be according to the law of God for my adversaries to have the helps of all manner of councels by snares tricks and provocations to take away my life and for me to be denied the benefit to consult with any to preserve my innocent life against potent Malice L. Keble You say well the law of God is the law of England and you have heard no law else but what is consonant to the law of Reason which is the best law of God and here is none else urged against you Another Judge The Lawes of God and the Lawes of Reason and the Lawes of the Land are all joyned in the Lawes that you shall bee tryed by Iustice Iermin The question is but this Whether the Law of God and the Law of Reason and the Law of Man may be consonant to each other and whether the Court or Iohn Lilburne shall bee Judges thereof that is the question L. Keble And that which you said Mr. Atturney hath had so much time against you and opportunity to consult with all manner of Counsell to destroy you your secret actions though they are now come to publick view are so heynous as that they doe require time to put them into the most sure way of tryall we have proved the clandestinesse of them you did this in secret now it is come to the face of the world Now this being matter of fact no matter of law can appeare till proofe passe upon it you have had times to complot your treasonable venomous Bookes which shall be proved upon you and till this bee done there is no matter of law to be lookt at This is the law of God when a man hath done such treasonable things he shall answer directly and positively whether he be guilty of them or no and if he answer Not guilty and they be not fully proved against him there needs no more to be said Iustice Thorp Mr. Lilburne there fell some words from you even now wherein you think you have this hardship put upon you when you say the Judges your persecuters have had 6 moneths time to meet together and consult together how to destroy you First I would not have you to beleeve nor the rest that heare it That that is true that you say for I speake it for my owne particular that I never saw your Indictment till this time that I came here and yet you say we have had six moneths together to frame it These are your words this was not rightly done of you for it is not true I speake in my own particular L. Col. Lilb I am sure the substance of it you might see many mâ—â—â—hs agoe and though all you Judges have not at one time met about 〈◊〉 yet the greatest part of you have that commonly carry the domination of the whole and at Serjeants Inne with Mr. Attorney Generall the most of the Judges of England have had severall meetings 6.5 and 4. months agoe for I have had friends there that have seene it and who have enquired into the Cause of such solemn meetings and your own Servants have told them it hath been about me and my Tryall Justice Thorpe I speak as for my own particular that I was never there and that I never see your Indictment till this time Iustice Termin Why Mr. Lilburne might we not have such meetings as those your businesses being a matter of this importance as this is through the haynousnesse of your offence and that it might be so grounded as the Warrant of the Law is the Judges did meete and they ought to meete * But Cooke in his Chapter of petty Treason in 3. part instit fo 29. expresâ—y saith and to the end that the Tryall may be the more indifferent seeing the safety of the Prisoner consisteth in the indifferency of the Court the Judges ought not to deliver their opinions before hand of any criminall case that may come before them judicially and he there cites Humphery Stratfords Case that arch Traytor in which Hussey
chief Justice besought H. 7. not to demand of them their opinions before hand and in 4. part institutes Chapt. High Court Parliament fo 37. he fully shewes the evill of asking Judges Opinions before hand to consider of it that nothing should be done against you or any man else contrary to the Law but-yet for my part my dwelling is out of London I heard not of it so soone as you speak of but after I came to Town I confesse I heard of it and have been present about some debates about it L. Col. Lilb Onely this I say if by your prerogative you will destroy me as Nebuchadnezer did endeavour to destroy Daniel by his prerogative I am as willing to dye as he was to be throwne into the Lyons Denne and if you will not allow me Councel to consult with what Plea to make for my life I have no more to say Sir it is but a vaine thing to spend any more words L. Keble These are but words and flourishes Sir that you are so willing and ready to die as you declare you are but if you be it is the better for you And also it is well you have not to do with Judges that would be austeare upon you for you to terme us to be men that come hither to destroy you as Nebuchadnezzar went about to doe Daniel you may judge of what is within you but of us what is within us you cannot judge you shall have justice here in the face of the Countrey and of all that heare us these shall be Judges of our proceedings towards you take heed Mr. Lilburn this language is but the sparks of that venemous heat that is within you and they may burst out to prove you guilty before us and in our presence of that you are charged with without any further proofe or proceedings for you may doe it you may do it where you stand and therefore be advised and take heed what you say L. Col. Lilb Sir I have cast up my Account and I know what it can cost me I blesse God I have learned to dye having alwayes carried my life in my hand ready to lay it down for above this 12. yeares together having lived in the favour and bosome of God and I blesse his name I can as freely dye as live L. Keble You shall not now lay it down if you do not destroy nor cast away the Common-wealth but if you go about to destroy the Common-wealth the Common-wealth will spue you up and destroy you L. Col. Lilb I desire nothing but Councell and a little time to consult with them and to produce my Witnesses and a Copy of my Indictment if not I am willing to die as the object of your Indignation and malice do your will and pleasure L. Keble We are willing to die too Mr. Attorney What is agreeable to the Law of England the constant setled practice of trying Prisoners will not be denyed Mr. Lilburne but as for that priviledge that was granted unto him at Oxford is no tye in Law to us neither was it ever heard of in England that any that did understand the Law did ever as Mr. Lilburne now desires allow Councell to a Prisoner for such an Act as this is or had the Copy of the Indictment it shall not be denyed Mr. Lilburne which is his right by Law in its due place But to make new Presidents and new Lawes which my Lord when done by such a Bench as this is most of the Judges in England being present runs to all crimminall cases whatsoever whether in treason murther or other fellonies its true Mr. Lilburn is now onely concerned in it but if granted to him it would be a president to all future times by meanes of which there would never be an end of Tryalls in crimminall Cases And it is a wonderfull strange thing to me That when the Prisoner hath pleaded the usuall way you proceed not immediately to tryall its true Mr. Lilburne hath pleaded his own ignorance and therefore desires longer time but my Lord to make a President of this nature that never was known by the Lawes of England is very dangerous very perilous My Lord the things that I presse is not in relation to time but in relation to the publique Justice for by the same reason it s granted him it ought not to be denyed to any man that asketh it neither for Treason or Felleny and of what evill consequence it would be I leave your Lordship and the Court to judge My Lords I do humbly desire that Mr. Lilburn may be dealt with all legall just and faire proceedings from the Court My Lord I do desiâ—e accordingly that proceedings may for the Common-wealth be so too and that Mr. Lilburn may be without delay according to Law proceeded against for his notorious treasons L. Col. Lilb Sir with your favour I shall crave but one word this Gentleman declares unto you what an evill President it would be to give me a little time to consult with Councell to frame a Plea for my life and yet that Judge was pleased to say the Law of England is founded upon the Law of God and the Lawes of Reason unspotted uncorrupted or undefiled I am sure the Law of God and the Law of uncorrupted Reason is to do as you would be done to and not to lay snares for your Neighbours life I am sure the Law of God would have all Tryalls indifferent and no mans life surprized or taken away by nisities or formalities though never so notoriously accused And Sir for Mr. Prideaux and others of you so often to call me notorious Traytor as you do I tell you Sir you reproach me for though I am never so notoriously accused yet in the eye of the Law of England I am an innocent man yea as innocent as any of those who call me Traytor till such time as I be legally convicted of the fact or crime laid unto my Charge and therefore Sir I beseech you cease your calumniating of me for you thereby deale not fairly nor segally with me And Sir I confidently hope I shall appear in the eye of the Law in the eyes of you and in the eyes of all men that hear me this day an innocent a just and a true English-man that really loves the welfare of his native Country if I may have faire play and the scope of the Law And therefore Sir blemish me not in the eares of the auditors till the Law and a conviction by it do blemish me for I tell you I am in the eye of the Law as innocent as any of your selves till I be justly convicted and therefore I pray cease the calling of me Traytor in this manner L. Keeble What need we any more when we are of your opinion we wish you may come as â—lerly off as you say you hope to do Mr. Atturney My Lord and that it may be so declared and that the world may know whether
Mr Lilburne be an innocent man or no I pray put it to the finall issue and let the Law udge Leiut Col. Lilburne Vnder favour for me to be denyed Law which I conceive is done unto mee when I am denied Councell and to put the nicities and formalities of the Law upon me the signification of which are writ in such language and tongues as I cannot read much lesse understand and would you destroy me for the not knowing of that which it is impossible for me to know Sir I beseech you be not so extreame towards me that Gentleman saith the Law of God is the Law of England and it would have no snares laid to take away a mans life I pray let me have the benefit of that Mr. Atturney Once you had and it is but just you should and I am sure it will be granted unto you L. Keeble Mr Lilburne you say well the prisoner loth not know the Law you do not and many others do not but I tell you againe you know so much of the Law as is sutable to this Plea you your self know whether your Conscience accuse you guilty of the fact laid unto your charge or not for our parts we say no more then 21 men upon their Oaths have informed us upon sufficient testimony of Witnesses that what they had said we should further informour selves of before your life be taken away yea such is the Law of England the tenderest Law in the world of a mans life I say againe that no such tryalls for life is to be found in the world as in England in any place but in England A mans life may be taken away upon two or three Witnesses but in England two or three witnesses do not do it for there is two Juries besides and you have 24 men returned you have 21 men upon their Oaths and Consciences that have found you guilty and yet when you have donâ— that it is not enough by the Law of England but you are also to have 12 rationall vnderstanding men of your Neighbours to heare all over againe and to passe upon your life This is not used in any Law in the world but in England which hath the righteousest and mercifullest Law in the world and this we sit here to maintaine and let all the world know it that according to the rules thereof we have proceeded against you Iudge Michel Mr. Lilburne you were speaking of the Lawes being in other Tongues those that we try you by are in English and we proceed in English against you and therefore you have no cause to complain of that L. Col. Lilb By your speeches you seem to bind me up to a single plea. Truly I conceive that is not equitable by the law of God and the Lawes of Reason No mans life is to be destroyed by nicities and formalities yet contrary to your solemne promises you take all advantage against me by them and make my ignorance in the ticklish formalities of the law to be the means of my own destruction although before I pleaded you ingaged unto me you would take no advantage by my ignorance in your formalities and my mistakes in them should be no disadvantage unto me and yet now I have pleaded you seem to hold me close to a single plea. Truly Sir I think that is not just nor faire so to break your promises and by faire words to smooth me on into nets and snares and to make use of my willingnesse to be tried by the Law of England to drill me on to my own destruction Truly Sir had I ever thought or believed I should have been denied counsell I would have died before ever I would in any manner have pleaded to your charge or have yeelded to your smooth insinuations Iustice Iermin Those men that know the Lawes of England know well that it taketh away no mans life but upon clean proofe and upon manifest contempts of the Law The Law is Whosoever shall goe such a way in a Court as evidently gives affront to the Law that such one takes away his owne life The facts that you are charged with if they had taken effect would have taken away the innocent lives of many Therefore you are now before us charged with the fact and every mans conscience knowes whether he committed the thing charged upon him or no and your selfe does know whether you be guilty of that you are accused of or no. But the Court must not spend any further time For Mr. Atturney Generall hath returned the Writ of Veneri facias For the calling or summoning of a Jury of life and death L. Keble Mr. Lilburn you say you well understand your self you knew of your comming and you knew of the fact that you have committed Leiut Col. Lilburne Truely Sir six moneths a goe I heard much of my Tryall and I longed for it but could not have it but was stil kept in prison and abundance of provocations put upon me to make me cry out of my oppressions and then to hang me therefore by a Law made after my pretended crime was committed is not just and truly Sir I heard by uncertaine common fame of my Tryall now But Parliament men told my wife and friends that my chiefest crime was corresponding with the Prince and to defend my self against that I fitted my self never dreaming that onely books should be laid to my charge and therefore I could not as to that come prepared and therefore do humbly desire Councell a Copy of my Indictment and time to bring in my Witnesses L. Keeble Heare what is said to you for your Witnesses you should have brought them with you we 'll give you leave to send for them we will give you time to do to consider with your self what to say for your self you shall till to morrow 7 a clocke Leiut Col. Lilburne Sir some of my witnesses lives abides 100. or 80 miles off and yet I must bring them to morrow morning how 's that possible and therefore I desire time to bring them in and also Subpeanas for some of them are Parliament men and some of them Officers of the Army and they will not come in without compulsion L Keeble That 's the time we will give you no longer you knew of your comming long agoe and therefore ought to have come provided Leiut Col. Lilb Sir I beseech you give me a convenient time 8 or 10. dayes that so I may get them together for how could I be provided before hand for any thing but for that for which I was at the first imprisoned for nothing of which is now laid to my Charge Could I devine upon what you would proceed against me but Sir I have that within me I blesse God that will be a portion of comfort to me to carry me through all your mallice and injustice L. Keble Never talk of that which is with you God is in us as well as in you never make a flourish of what is
in you for the feare of God is before our eyes as well as yours and what we doe we shall have comfort in in that it is according to the Lawes of England the Rules of which we are sworne to observe and every man will doe righteous things as well as you L. Col. Lilb Pray will you give me but 8 dayes time then L. Keble We will give you no more you ought to have brought them with you you knew of it long agoe and the Court cannot nor will not wait upon you L. Col. Lilb By your favour Sir thus then let me have a little time to consult with counsell L. Keble I tell you That if the matter bee proved there needs no counsell L. Col. Lilb Sir I shall not much insist upon that but the question is whether the matter be treason in Law or no and whether in Law it be rightly expressed in the Indictment as to time and place with other circumstances thereunto belonging and I question the legality of the Indictment and that ought in Law to be disputed before the matter of fact come to be spoken to L. Keble Sir you sayd at first you would speak as a rationall and moderate man and yet you will not bee answered If matter of Law doe arise out of your fact that we have told you again and again you shall hnue counsell and time L. Col. Lilb Sir by your favour it may be too late to desire counsell after the fact is proved And besides having legall exceptions against the Indictment why should you run me upon the hazard of my life by ticklish Nicities and Formalities and as my prosecutor Mr. Prideaux saith but being interrupted cried out Sir I beseech you doe but heare me L. Keble Your distemper will break out your heart is so full of boyling malice and venome you cannot contain your selfe L. Col. Lilb Mr. Prideaux is pleased to urge thar the granting of me of my defire in reference to counsell will be so inconvenient a president as will destroy the Common-wealth therefore to avoid the danger of such a destroying president as he is pleased to call it I desire to have some time assigned me to get my witnesses together and then I shall I doubt not but convincingly shew you the hazard and destroying misciefe of that desperate president in denying men liberty to consult with counsell when they are upon trials for their lives For my owne judgement my own conscience doth tell me that it is my undoubted right by the Law of England by the Law of God and the Law of Reason and if it bee totally denied me I can but die and upon that score by the assistance of God I am resolved to die L. Keble You speak great words of your own judgement your own conscience your own zeale and the like And I tell you our Consciences and our Religion and our Zeale and our Righteousnesse I hope shall appeare as much as yours you would make your selfe Judge in your own cause which you are not and so make Ciphers of us but all your high words of Conscience and righteousnesse is but a flourish to make the pleople believe or be apprehensive as though we had none you had all but you shall know here we sit with as much tendernesse and integrity as you stand there and to do that uprighty which is according to Law and justice L. Col Lilb I shall not in the least make any comparisons neither do I in that particular I onely speak of my own particular in reference unto that God in whom I have believed and in whom I enjoy content peace and quietnesse of mind and yet for my part I shal rather die then willingly go any further except I have Councel first L. Keeble Well Mr Lilburne the Court is very tender not to take up any of your time you have heard what was declared to you there that Mr Atturney hath made processe against you returnable to morrow at seven of the clock and therefore to spend more time will be but your losse and damage the Sheriffs of London are to take care to returne the Jury to morrow morning and therfore the Court doth adjurne til seven a clock to morrow in the morning and in the mean time they do commit the prisoner at the Bar to the Lieutenant of the Tower againe L. Col Lilb Sir I did not hear you the first words L. Keeble You shall not be denied to hear it againe the Court desires to be good husbands of time for you we could have sat long enough to have trifled away your time that you may spend your meditations and take your friends advice do not stand upon and destroy your self by words Mr Lilburne all that are here are * Just Jermin take notice the Judge stood up and spake out an appeal to the people to take notice of it that the prisoner at the Bar tath had more favour already then ever any prisoner in England in the like case ever had for by the Laws of England in the matter of Treason whereof you are indicted you ought to have been tried presently imediatly but because all the world shall know with what cander and Justice the Court do proceed against you you have till to morrow morning which is the Courts extraordinary favour and the doors are wide open that all the world may know it L. Col Lilb Sir I can shew one hundred Presidents to the contrary in your owne Books to disprove what you say L. Keeble Adjurne the Court. L. Col Lilb I humbly thanke you for what favour I have already received The Court adjurned till the next morning and the Prisoner remanded to the Tower Guild-Hall 26 of October 1649. being Friday At the Triall of Lieut Col JOHN LILBURNE the Second day THe Prisoner being brought to the Bar spake as followeth Sir I pray hear me a word or two L. Keeble Mr Lilburne I am afraid something troubles you I will have no body stand there * That was in the Bar where his brother Col Robert Lilburne his Solicitour Mr Sprat and other of his friends stood let all come out but one man L. Col Lilb Here 's none but my Brother and my Solicitor L. Keeble Sir your brother shall not stand by you there I will only have one hold your papers and books and the rest not to trouble you wherefore the rest are to come out L. Col Lilb Sir I begge of you but one word though I doe not know any reason why of my self I should not have the priviledge of the Law as well as any man in England yet besides what yesterday I alledged for my self for to have Councel assigned yet to day give me leave to mention an unquestionable President for my purpose and that is Major Rolfe who being an Officer in the Army and being lately indicted for High Treason before the Lord Chief Barron Wilde that now is at Hampshiere Assizes for conspiring to poison
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
to be your own hand-writing shew it him Lieut. Col. Lilb Sir I am too old with such simple ginnes to bee catch'd I will cast mine eyes upon none of your papers neither shall I answer to any questions that concern my selfe I have learned more law out of the Petition of Right and Christs pleading before Pilate then so Mr. Atturny Would you had learnd more Gospell Judg Jermin You may answer a question whether it be true or false and confesse and glorifie God L. Col Lilb I have said Sir prove it I am not to be catcht with such fooleries Lord Keble You see the man and the quality of the man this is the paper that he delivered into his owne hand that is sufficient as well as if it was of his own hand-writing L. Col. Lilb Good Sir your verball Bench-law is far short of your written Text in your own law-books Judge Jarman Put it into the Court. Lo. Keble Your writing or not writing is nothing you delivered the booke L. Col. Lil. Sir I desire to know in what place whereabouts in the Tower of London the Leiut of the Tower saith he received this paper Lord Keble Let him name the place where it was delivered Lieut. Towr The place was at the steps at the bottome of the narrow passage at my Garden end in the Cart way where the carriages comes up L. Col. Lilb Whether is that place in the Liberties of London or is it part of the County of Middlesex Lieut. Tower The Tower is in †But it is sure that place is in Middlesex as was resolved in Sir Thomas Overburies case see Cooks 3d. part Inst fol. 130. Chap. Indictment London some part of it and some part in Middlesex but unto which place that part of the Tower belongs I am not able certainly to say but it hath commonly been reputed in Middlesex Mr. Atturny My Lord you may see the valiantnesse of this Champion for the peoples liberties that will not owne his own hand although I must desire you Gentlemen of the Jury to observe that Mr. Lilburn implicitely confesseth it L. Col. Lilb Sir I deny nothing what now can be proved mine I have a life to lay down for the justification of it but prove it first Mr. Atturney My Lord the next thing to prove the charge against him is a very high one it is stiled Master Lilburnes and his name is to it It is intituled An Impeachment of High Treason against Oliver Cromwell and his Sonne in law Henry Ireton Esquires late members of the late forcibly dissolved House of Commons presented to publique view by Lieut. Coll. John Lilburn close prisoner in the Tower of London My Lord I doubt he will not owne it but yet my Lord he may be asked the question L. Coll. Lilb I shall deny nothing I doe And yet I have read the Petition of Right Sir that teacheth me to answer to no questions against or concerning my selfe and I have read of the same to be practised by Christ and his Apostles Mr. Atturny You will not own it the booke you have read L. Col. Lil. You may make your advantage of it Mr. Atturny We shall prove it call Witnesses Thomas Daffern Richard Lander Marshall Major Hawksworth Governour of Warwick-Castle all sworn Mr Atturney Mr. Daffern if you please he may be asked where hee met Mr. Lilburn the time when what booke was given him and to what purpose it was given him Mr. Daffern Why it was upon the 12. of August last having beene in Southwark I met with Lieutenant Col. Lilburn upon the Bridge I went backe with him to his house at Winchester-house in Southwarke he had leave to visite his Family at that time being very sicke and I told him I was going into Warwick-shire the next day and hee having heard that Coll. Ayres was then removed from Oxford to Warwick-Castle he gave me a book to carry to him and I delivered it to him at Warwick-castle Mr. Aturny The booke that he gave you you gave to the Governour did you see any more of them Mr. Daffern I never saw any of them but that which was both the first and the last I have seen of them Mr. Atturny Lander the Marshall was present at that time was hee not Mr. Lander That I was and I had it from him and I delivered the book to Major Hawksworth the Governour Mr. Atturney Major Hawksworth what did you doe with the book Major Hawksw I sent it to Colonell Purfrey in a paper sealed with three or four seales Mr. Atturney Call Col. Purfrey Col. Purfrey sworn L. Col. Lilb I heate not one word under favour but one word I crave but one word I have an exception First Col. Purfrey is one of those that call themselves the Keepers of the Liberties of ENGLAND and for committing crimes against them I am indicted and he iâ— one of them and therefore a party and in that respect in law he can be no witnesse against me it would have beene very hard for the King to have bin a witness against that man that was indicted for committing crimes against him such a thing in all his Reigne was never knowne Col. Purfrey I received this booke sealed in a letter from the Governour of Warwick-Castle Major Hawksworth I know his hand and I know the day he sent me this very individuall Booke and my hand is at it the Governour who sent it up to me which I declare to be the very individuall booke that I received from him Mr. Atturny Mr. Lilburn you are mistaken Col. Purfrey is a membee of Parliament he is none of the Keepers of the Liberties of England but why will you put us to all this trouble to prove your bookes seeing your hand is to them my Lord I had though the great Champion of England would not be ashamed to own his owne hand L. Col. Lilb I have answered once for all I am upon Christs terms when Pilate asked him whether he was the Sonne of God and adjured him to tell him whether he was or no he replyed thou sayest it so say I thou Mr. Prideaux sayest it they are my bookes but prove it when that is done I have a life to lay downe to justifie whatsoever can be proved mine Judg Jerman But Christ said afterwards I am the Son of God confess Mr. Lilburn give glory to God L. Coll. Lilb I thank you Sir for your good law but I can teach my selfe better Mr. Attur Here Mr. Lilburn makes a booke which was given to the hands of Mr. Daffern by Mr. Lilburn himselfe Mr. Daffern he sweares that the same booke he gave to Col. Aires Mr. Lâ—nder the Marshall of the Garrison of Warwicke swears that the same booke Daffern gave to Coll. Eyres he had from him gave to Major Hawksworth the Governour the Governour swore that that booke he received from the Marshall he sent sealed up in a letter to Mr. Purfrey
who also swears that that same booke he set his hand to it to know it again by and that the individuall booke that is now given into your hands is the same booke that was delivered to him The Title is an Impeachment of high Treason against Oliver Cromwell Esquire L. Col. Lilb Sir I wonder you are not ashamed so farre to press the testimony beyond that they themselves sweares Mr. Daffern doth not name the book at all that was given to him neither doth he swear it to be mine and therefore Sir you abuse your selfe the Court the witnesse and me too Mr. Atturny Master Lilburn I have done you right in it and no wrong at all for Colonell Purfoy doth name it The next is a very dangerous booke of his called A preparative to the Hue and Cry after Sir Arthur Haslerig Mr. Lieutenant of the Tower you are upon your Oath I pray you speake your knowledge to that Lieut. of the Tower My Lord it is true Lieutenant Colonell Lilburne gave me in the Tower such a booke but I cannot say whether that be the same Booke that he delivered to me or no I have such a booke also at home but I am not able to say that is the very Booke hee gave mee and whether this be the same booke I know not Mr. Prideaux Call Mr. Nutleigh and Mr. Radney Master Nutleigh sworn L. Col. Lilb I pray let the witnesses stand here the Jury say they cannot heare them Edward Radney called and sworn L. Col. Lilb I pray you let me know what these Gentlemen are I doe not know them neither can I remember at present that ever I saw them before Lord Keble You see they looke like men of quality Mr. Prideaux They are my sorvants Mr. Lilburn Mr. Nutleigh My Lord and †But Mr. Lilburn hath been heard to profes he see not those Gentlemen in the Chamber that hee discoursed with Mr. Prideaux in although hee looked divers times about him please your Lordship the 14. of Septemb. last the prisoner at the Bar Lieutenans Col. John Lilburn being before Mr. Atturny Generall And I being by in the chamber I did see him deliver this Booke to Master Atturney Generall this specificall booke and he did owne it and called himselfe the Author of it save only the Errataes of the Printer L. Gol. Lilb The last Clause I beseech you Sir the Jury desires to heare the last Clause Mr. Nutleigh My Lord †That is an errant lye for divers that heard the words aver them to be thus it is my booke and I will 〈◊〉 it and so it might be although he had bought it he said he was the Author of that Booke the ERRATAES of the PRINTER excepted Lieut. Col. Lilburne Let him bee asked this question whether in that expression saving the Errataes of the Printer there did not follow these words which are many I desire to know whether there were not such words or no. M. Radney I was present my Lord when the prisoner at the Bar presented this booke to Mr. Atturney and owned it saving the Errataes of the Printer L. Col. Lilb Were there no more words Mr. Radney Not to my remembrance and so said they both Lieutenant of the Tower My Lord I was present at the same time whâ—â— Lieutenant Colonell Lilburne did present a booke to Mâ—ster Atturney Generall with such a Title as this And truly if I be not much mistaken there was used by him these words which are many Thus it was in the whole Sayes hee here is a booke which is mine which I will owne the Errataes or Errours of the Printer excepted which are many if I mistake not very much those are the very words Master Lilburne said Mr. Atturney My Lords and you Gentlemen of the Jurie you see that here are thâ—eâ— Witnesses and they doe all agree and they doe all agree in this that Master Lilburne the prisoner at the Barre did deliver this Booke to me owning it as his †So is an Oxe a man buyes with his money it is his owne and so is a gold ring hee findes after he â—ath found it it is his owne and yet it doth not follow that the owner either begot the Oxe or made the gold ring owne the Errours or Errataes of the Printer only excepted And as for that Clause which are many only the Lievtenant of the Tower sweares to that singly and therefore I desire it may remaine in Court as that individuall Booke that thâ—y see Master Lilburne give me But my Lord there is another Booke in the Indictment intituled the legall fundamentall Libertie of the people of ENGLAND 〈…〉 and asserted Or An Epistle written the eight of June 16â—9 by Lieutenant Colonell JOHN LILBâ—RN to Mr. WILLIAM LENTHALL Speaker to the reâ—â—â—â—â—er of those few Knights Câ—â—â—zâ—ns and Burgesses that Colonell THOMAS PRIDE at his late purge thought convenient to leave sitting at Westminster My Lords for this Booke it ownes Master Lilburn if be will owne it it hath his 〈◊〉 to it but I have my lesson from him My Lord he will owne nothing hee will publish enough but my Lord â—e will not owne it 〈…〉 qâ—â—stioned for it that is not the true principle of a true Christian nor an Englishman nor a Gentleman L. Col. Lilb I deny nothing by your favour Mr. Atturney And confesse as little My Lord for this you have two bookes in proofe before you The preparative to the Hue and Cry and the Salva Libertate ownes these very individuall bookes for the Preparative to the Hue and Cry in the Marginall note at the second page ownes and avowes this booke called The Lagall Fundamentall c. to be Master Lilburns And Master Lilburn himselfe did owne the Preparative to the 〈◊〉 Cry before three Witnesses to be his and therefore the Salva Libercate M. lieutenant of the Tower hath sworn that he received it from his owne hâ—nds My Lords as for this booke the Salva which he does not acknowledge Wee shall read the words in the Indictment although it had beene as ingneuous for Master Lilburn to have confest it as for us to have proved it and for the proofe of it read the Title Clerk The Title read A preparative to an Hue and Cry after Sir Arthur Haslerig a late Mumber of the forceably dissolved House of Commons and now the present wicked bloody and tyrannicall Governour of Newcastle upon Tyne Mr. Prideaux Read the Marginall note in page 2. Clerk Page 2. in the Margent That those men that now sit at Westminster are no Parliament either upon the principles of law and reason see my argument or reasons therefore in my second Edition of my Booke of the 8. of June 1649. Intituled The legall fundamentall liberties of the people of ENGLAND revived and asserted page 48 49. to 63. Mr. Atturney This Booke hath Mr Lilburns name to it and here in this his Hue and Cry he ownes it and the third page in the margent
hath it again Clerk Page 3. Peruse carefully I entreate you the quotations in the 6. and 8. pages of my formentioned Impeachment of High Treason against Cromwell At. also the 12. and 15. pages of the second Edition of my forementioned Booke dated the eighth of June 1649 Intituled The legall fundamentall liberties c. Mr. Atturney Read the 〈◊〉 in the body of the booke Clerk Page 4. At which Tryall by strength of arguments I forced the Judges openly to confesse that Generalls were nothing in Law see also the second Edition of my booke of the eighth of June 1649 Intituled The legall fundamentall liberties of the people of England revived asserted and vindicated page 49. L. Col. Lilb Let him speake whether it be 29. or 49. Clerk Forty nine but there is not so many pages in the booke Mr. Atturny My Lord here is a Salva Libertate which is his owne Booke though he will not owne it My Lord I had thought the great Champion of England for the peoples liberties would never have beene so unworthy as not to have owned his owne hand but read in the 24. page of the Salva in his owne written hand Clerk Page 24. I have by almost 8. years dear-bought experience found the interest of some of my forementioned Judges to be too strong for mee to grapple with and the onely †This was brought in by head and shoulders cause to my apprehension that all this while keepe me from my owne and in the Margent he saith see also the second Edition of my forementioned booke intituled The legal fundamental liberties of England revived c. Mr. Aturny Now my Lord there is the Salva Libertate that was given from his owne hand that ownes it I meane this Booke called The legall fundamentall liberties c. Mr. Aturney Read the Title of it Clerk A Salva Libertate sent to Colonell Francis West Lieutenant of the Tower of LONDON on Friday the fourteenth of Septemb. 1649. by Lieut. Col. John Lilburn Mr. Prideaux Read where it is marked Clerk But if you would produce unto me a written Warrant which hath some more face of legall Magistracy in it then verball command◠and according to my right and priviledge let mee read it I would goe with you either by land or water as you please because I was in no capacity to resist you although I then told you I judged a paper-Warrant although in words never so formall comming from any pretended power or Authority in England now visible to be altogether illegall because the intruding Generall Fairfax and his Forces had broke and anihilated all the formall and legall Magistracy of England yea the very Parliament it selfe and by his Will and Sword absolute Conquerour like had most tyrannically exected set up and imposed upon the free people of this Nation a Juncto or mock power sitting at Westminster whom hee and his Associates call a Parliament who like so many armed Thieves and Robbers upon the high way assume a power by their owne will most traiterously to doe what they like Mr. Atturny That 's not the place look towards the latter end Clerk Then here it is sure I cannot chuse but acquaint you that I have long since drawne and published my plea against the present power in my second Edition of my Booke of the 8. of June 1649. intituled The legall fundamentall liberties of the people of England revived asserted and vindicated which you may in an especiall manner read in the 43 44 45. to the 49. page which by the strength of the Lord God omnipotent my large experienced helpe in time of need I will seale with the last drop of my blood Mr. Aturny My Lord for the Book called the legall fundamentall liberties of England his name is to the Booke but I shall not put much weight upon that but in others of his books as in his Preparative to an Hue and Cry which he owns and which is proved he owns by 3 witnesses In severall places of that book he owns this as his book viz. The legal fundamental liberties of Engl. revived c. He calls it mine and his ferementioned booke and in his Salva Libertate he owns it again gives it the very date and the very Title that is in this Booke my Lords we have done with this My Lords now I shall goe on to make use of it and to shew my Lord out of these books his words and language to make good the Charge that hath been read in the indictment against Mr. Lilburne My Lords if you please for that I shall begin first in reading to the Jury the very Act it selfe which makes the fact to be Treason My Lord for that here is the Act that doth declare the Common wealth for the future to become hereafter a free State and the other declaring that fact to be Treason that shall say it is tyrannicall or unlawfull these are generall Acts which need not be proved but if the prisoner does desire it we shall prove it Clerk Die Lunae 14. of May 1649. Ordered by the Commons assembled in Parliament L. C. Lilb Hold Sir prove your Act first whether it be an Act of Parliament Mr. Atturney My Lords I shall not struggle with Mr. Lilubrn in plaine termes but I thought when Acts were published the Courts of Justice were bound in duty to take notice of them but if it be so he will have it proved we will although it be but a slender cavill for this is one of the published copies L. Col. Lilb But under your favour Mr. Prideaux as there may be counterfeit money which wee see there is every day so there may be counterfeit Statutes too and this may be one for any thing I know therefore I desire it may be proved to be a true Statute or Act of Parliament Mr. Nutleigh This is a true copy of the Act of Parliament which I examined with the Record L. Col. Lilb The record where is that to be found Mr. Nutleigh At Westminster with the Clerk of the Parl. L. Col. Lil. Is this Gentleman able to depose it to be a 〈◊〉 Law in all the parts of it for by the Lawes of England the people are not to take any notice of Acts made but by a Parliament neither are they to take notice of those Acts that are not proclaimed Sir I beseech you let me know where the Record and Rolls are and where he examined this and whether he is able to sweare whether they have been proclaimed in every Hundred and Market-towne according to the old and not yet repealed law of England Lo. Keble At Westminster he tels you L. Col. Lilb I beseech you where at Westminster Lord Keble The Clerks of the Parliament are known to the City of London here you know it well enough L. Col. Lillb That is no answer to my questions I pray let me have fair play for it is a question to me whether the bookes of the Clerk of the
House of Commons be a †And wâ—l might he for Mackwel in his manner of passing of statutes in his preface therunto saith that the Commons had no journals at all before Edward the sixths time record in law or no. Lord Keble Read Cerk Clerk An Act of the 14. of May 1649. Declaring what offences shall be adjudged Treason WHereas the Parliament hath abolished the Kingly Office in ENGLAND and IRELAND and in the Dominions and Territories thereunto belonging and hath resolved and declared that the people shal for the future bâ—â— governed by its own Representatives or Nationall meetings in Councell chosen and intrusted by them for that purpose hath setled that Government in the way of a Common-wealth and free State without KING or House of LORDS Be it therefore enacted by this present Parliament and by the Authority of the same that if any person shall maliciously or advisedly publish by writing printing or openly declaring That the said Government is tyrannicall usurped or unlawfull Or that the Commons in PARLIAMENT assembled are not the supreame Authority of this Nation or shall plot contrive or endeavour to stirre up or raise force against the present Government or for the subversion or alteration of the same and shall declare the same by any open deed That then every such offence shall be taken deemed and adjudged by the Authority of this present PARLIAMENT to be High Treason And whereas the Keepers of the Liberty of ENGLAND and the Councell of state constituted and to be from time to time constituted by Authority of PARLIAMENT are to be under the said Representatives in PARLIAMENT entrusted for the maintenance of the said Government with severall powers and Authorities limited given and appointed unto them by the PARLIAMENT Be it likewise enacted by the Authority aforesaid that iâ— any person shall maliciously and advisedly plot or endeavour the subversion of the said Keepers of the Lebertie of ENGLAND or the Councell of State and the same shall declare by any open dâ—â—d or shall move any person or persons for the doing thereof or 〈◊〉 up the people to rise against them or either of them there or either of their Authorities that the every 〈…〉 and offâ—â—â—s shall be taken deemed and declared to be 〈◊〉 Treason And whereas the PARLIAMENT 〈◊〉 their just and lawfull defence 〈…〉 under the Command of THOMAS LORD PAIRFAX and are at present necessitated by reason of the manifold distractions within â—word Common-wealth and invasions threatned from abroad to continue the same which under God must be the instrumental meanes of preserving the wel-affected people of this Nation in peace and safety Be it further Enacted by the Authority aforesaid that if any person not being an Officer Souldier or member of the Army shall plot contrive or endeauour to stirre up any mutiny in the said Army or withdraw any Souldiers or Officers from their obedience to their superiour Officers or from the present Government as aforesaid or shall procure invite aide or assist any Forreigners or Strangers to invade England or Ireland or shall adhere to any Forces raised by the Enemies of the PARLIAMENT or Gommon-wealth or Keepers of the Liberties of ENGLAND Or if any person shall counterfeit the great Seale of England for the time being used and appointed by authority of Parliament That then every such offence and offences shall be taken deemed and declared by the authority of this Parlament to be high treason And every such person shall suffer paine of death and also forfeit unto the Keepers of the Libertie of England to and for the use of the Common wealth all and singular his and their Lands Tenements and hereditaments goods and Chattels as in case of high Treason hath been used by the Lawes and Statutes of this Land to be forfeit and lost provided alwayes that no persons shall be indicted and arraigned for any of the offences mentioned in this act unlesse such offenders shall be indicted or prosecuted for the same within one yeare after the offence committed Mr. Prideaux Read the other statute Clerk Tuesday 17. July 1649. Ordered by the Commons assembled in Parliament that this Act be forthwith printed and published Hen. Scobel Cler. Parl. An Act declaring what offences shall be adjudged Treason Whereas the Parliament hath abolished the Kingly Office in England and Ireland and in the Dominions and Territories thereunto belonging and having resolved and declared that the people shall for the future be governed by its own representatives or nationall meetings in Counsel chosen and entrusted by them for that purpose hath setled the Government in the way of a Common-wealth and free State without King or House of Lords Be it enacted by this present Parliament and by the Authority of the same that if any person shall maliciously or advisedly publish by writing printing or openly declaring that the said Government is tyrannicall usurped or unlawfull or that the Commons in Parliament assembled are not the supreame Authority of this Nation or shall plot contrive or endeavour to stir up or raise force against the present Government or for the subversion or alteration of the same and shall declare the same by any open deed that then every such offence shall be taken deemed and adjudged by Authority of this Parliament to be high Treason and whereas the Keepers of the Liberties of England and the Counsel of State constituted and to be from time to time constituted by Authority of Parliament are to be under the said representatives in Parliament entrusted for the maintenance of the said Government with severall Powers and Authorities limited given and appointed unto them by the Parliament Be it likewise enacted by the Authority aforesaid that if any person shall malliciously and advisedly plot or endeavour the subversion of the said Keepers of the Liberties of England or the Counsel of State and the same shall declare by any open deed or shall move any person or persons for the doing thereof or stir up the people to rise against them or either of them their or either of their Authorities that then every such offence and offences shall be taken deemed and declared to be high treason And whereas the Parliament for their just and lawfull Defence hath raised and leavied the Army and Forces now under the Command of THOMAS Lord FAIRFAX and are at present necessitated by Reason of the manifold distractions within this Common-wealth and invasions threatened from abroad to continue the same which under God must be the instrumentall meanes of preserving the well affected people of this Nation in peace safety Be it further enacted by the Authority aforesaid that if any person not being an Officer Souldier or Member of the Army shall plot contrive or endeavour to stir up any mutiny in the said Army or withdraw any Souldiers or Officers from their obedience to their superiour Officers or from the present Government as aforesaid Or shall procure invite aid or assist any
no more but self in the highest and to set up the false Saint most desperate Apostate Murderer Traitor Ol. Cromwel by a pretended election of his mercenary Souldiers under the false name of the Godly interest to be King of England c. that being now too apparently all the intended liberties of the people that ever he fought for in his life that so he might rule and govern them by his will and pleasure and so destroy and envassalize their lives and properties to his lusts which is the highest Treason that ever was committed or acted in this Nation in any sense or kind either 1. in the ey of the Law or 2. in the ey of the antient but yet too much Arbitrary proceedings of Parliament or 3. in the ey of their own late declared principles of reason by pretence of which and by no rules of Law in the least they took away the late Kings head which if there were any law or justice in England to be had or any Magistrates left to execute it as in the least there is not c. M. Prideaux Read page 7. Cler. pa. 7. But the Principles of the foresaid Agreement being so detestable and abominable to the present ruling men as that which they know will put a full end to their Tyranny and usurpation and really ease and free the people from oppression bondage that it is somthing dangerous to those that go about the promotion of it yet I shall advise and exhort you vigorously to lay all fear aside and to set on foot the promotion of it in the same method we took for the promotion of the foresaid Petition of Jan. 19. 1649. laid down in the following discourse p. 23 24 25. and write to your friends in every Country of England to chuse out from among themselves and send up some Agents to you two at least from each County with money in their pockets to bear their charges to consider with your culled and chosen Agents of some effectual course speedily to be taken for the setling the principles thereof as that only which in an earthly Government can make you happy or at least to know one anothers minds in owning and approving the principles thereof that so it may become to you and your friends your Center Standard Banner to flock together too in the time of these forraign invasions and domestick Insurrections that are like speedily to bring misery enough upon this poor and distressed Nation and unanimously resolve and ingage one to another neither to side with or fight for the Cameroes fooleries and pride of the present men in Power nor for the Princes will or any other base interest whatsoever the which if you should fight for it would be but an absolute murdring of your brethren and Country-men you know not wherefore unless he or they will come up to those just Righteous and equitable Principles therein contained and give rational and good security for the constant adhering thereunto and upon such terms I do not see but you may justifiably before God or man joyn with the Prince himself yea I am sure a thousand times more justly than the present ruling men upon a large and serious debate joyned with Owen Roâ— Onale the grand bloudy Rebel in Ireland who if we must have a King I for my part had rather have the Prince then any man in the world because of his large pretense of Right which if he come not in by conquest by the hand of Forreigners the bare attempting of which may apparently hazard him the loss of all at once by gluing together the now divided people to joyn as one man against him but by the hands of Englishmen by contract upon the Principles aforesaid which is easie to be done the people will easily see that presently thereupon they will enjoy this transcendent benefit he being at peace with all forreign Nations and having no regal pretended competitor viz. the imediate disbanding all Armies and Garisons saving the old Cinque ports so those three grand plagues of the people will cease viz. Freequarter Taxations and Excise by means of which the people may once again really say they enjoy somthing they can in good earnest call their own whereas for the present Army to set up the false pretended S. Oliver or any other as their elected King there will be nothing thereby from the begining of the Chapter to the end thereof but wars and the cuting of throats yeer after yeer yea and the absolute keeping up of a perpetual and everlasting Armie under which the people are absolute and perfect slaves and vassals as by woful experience they now see they perfectly are which slavery and absolute bondage is daylie like to encrease under the present tyranical and arbitrarie new erected robbing Government M. Att. He hath blown the Trumpet for all that will to come in he hath set up his Center he would have it to be a Standard for all his friends to flock to him and to make them the more quick in betaking them to their Arms he hath falsly and maliciously there said that the Parliament had joyned with Owen Roe Oneale which I can assure all that hear me this day the Parliament alwaies detested abominated disavowed and declared against and never had any thoughts that way My Lord the false imputations of his laid upon the Parliament are almost numberless But in the second place I come to that pretty bauble that 's of his own making The Agreement of the People dated at the Tower 1 of May 1649 and shal desire your Lordships to judge whether this Agreement of the People which he made and his friends then in the Tower and entituled it The Agreement of the People as signed by them for they called it An Agreement of the Free People of England strikes not at the very root of all Government Lieut. Col. Lilburn Pray Sir look whether it be licensed or no according to the Law of the Nation and if it be licensed by publique Authority how comes it to be Treason that 's very strange M. Atturney It is so Lieut. Col. Lilburn Pray Sir go and question the licenser then M. Atturney We must question the Author the licenser will not excuse it read page 2. Clerk reads page 2. This agreement being the ultimate end and ful scope of our desires and intentions concerning the Government of this Nation And a little below after the long and tedious prosecution of a most unnatural cruel home-bred War occasioned by divisions and distempers amongst our selves and those distempers arising from the uncertainty of our Government and the exercise of an unlimited or Arbitrary Power by such as have been trusted with Supreme and subordinate Authority whereby multitudes of grievances and intellerable oppressions have been brought upon us and finding after eight yeers experience and expectation all endeavours hitherto used or remedies hitherto applyed to have increased rather then diminished our distractions
and that if not speedily prevented our falling again into factions and divisions will not onely deprive us of the benefit of all those wonderful victories God hath vouchsafed against such as sought our bondage but expose us first to poverty and misery and then to be destroyed by forraign enemies M. Atturney Read page 3. Clerk page 3. Agree to ascertain our Government to abolish all Arbitrary Power and set bounds and limits both to our Supreme and all subordinate Authority and remove all known grievances and accordingly do declare publish to all the World that we are agreed as followeth pag. ibid. That the Supreme Authority of England and the territoryes therewith incorporate shal be and reside henceforward in a Representative of the People consisting of four hundred persons but no more M. Prideaux The manner of the choise of whom c. they leave to this Parliament Read a little below Clerk All things concerning the distribution of the said 400. members proportionable the respective parts of the Nation the several places for clection the manner of giving and taking of voices with all circumstances of like nature tending to the compleating and equal proceedings in elections as also their salary is referred to be setled by this present Parliament in such sort as the next Representative may be in a certain capacity to meet with safety at the time herein expressed and such circumstances to be made more perfect by future Representatives We agree this present Parliament shall end the 1 wednesday in Aug. next 1649 thenceforward to be of no Power or Authority and in the mean time shal order and direct the election of a new and equal Representative according to the intent of this our agreement and so as the next Representative may meet and sit in Power and Authority as an effectual Representative upon the day following namely the 1 Thursday of the same August 1649. Page ib. We agree if the present Parl. shal omit to order such election or meeting of a new Representative or shal by any meanes be hindred from performance of that trust that in such case we shal for the next Representative proceed in electing thereof in those places and according to that manner and number formerly accustomed in the choise of Knights and Burgesses observing onely the exceptions of such persons from being electors or elected as are mentioned before in the 1 3 and 4th heads of this agreement it being most unreasonable that we should either be kept from now frequent and successive Representatives or that the Supreme Authority should fall into the hands of such as have manifested disaffection to our common freedome and indeavoured the bondage of the Nation And for preserving the Supreme Authority from falling into the hands of any whom the people have not or shal not chuse we are resolved and agreed God willing that a new Representative shall be upon the 1 thursday in August next aforesaid the ordering and disposing of themselves as to the choise of a Speaker and the like circumstances is hereby left to their discretion but are in the extent and exercise of Power to follow the direction and rules of this agreement and are hereby Authorized and required according to their best judgements to set rules for future equal distribution and election of Members as is herein intended and injoyned to be done by the present Parliament M. Atturney Read page 8. Clerk page 8. And all Lawes made or that shal be made contrary to any part of this Agreement are hereby made nul and void M. Atturney My Lords heare by this agreement of the People that M. Lilb hath published to the World in which my L. he hath designed how many the Supreme Authority shal consist of the time when the Parl. shal dissolve as also the time when his own Parl. shal meet this Parl. to be dissolved the first wednesday in Aug. 1649. all Lawes contrary to this to be nul and void and in it you shal find some expressions of Treason in the height that whosoever shal do contrary to it shal be most severely punished In the next Book before this it is desired by him that this agreement of the People may be the Center the Banner and Standard of all his friends and that they go on vigorously with it which is my Lord to dissolve this Parliament and to put on this new one of M. Lilburns appointing This we conceive which is of M. Lilbs appointing would if effected be an absolute subversion of this in being and this is high Treason My Lord we shal go on with more yet and that is with his out-cry my Lord if you please to see the title and see to whom it is directed what was intended to be done with it it is intituled An out-cry of the young men and Apprentzes of London directed August 29. 1649. in an Epistle to the Private Souldery of the Army especially all those that signed the solemne ingagement at New-market-heath the 5 of June 1647. but more especially to the private Souldiers of the Generals Regiment of Horse that helped to plunder and destroy the honest and true-hearted Englishmen traiterously defeated at Burford the 15 of May 1649. Mr. Atturny A good incouragement they were Traiterously defeated at Burford but we are Rebells and Traitors and our Army murderers Butchers for giving some of those declared Traitors their due deserts but that you may see his tendency by this booke read page 11. Clarke page 11. We say considering what is before premised we are necessitated and compelled to doe the utmost we can for our owne preservation and for the preservation of the land of our Nativity and never by Popular particulars addresse our selves to the men sitting at Westminster any more or to take any more notice of them then of so many Tyrants and Usurperes and for time to come to hinder as much and as farr as our poore despised interest will extend to all others whatsoever from subscribing or presenting any more Popular petitions to them And only now as our last Paper-refuge mightily cry out to each other of our intollerable oppressions in letters and Remonstrances signed in the behalfe and by the appointment of all the rest by some of the Stoutest stiffest amongst us that we hope will never apostatize but be able through the strength of God to lay downe their lives for the maintaining of that which they set their hands to You our fellow-Countrymen the private Souldiers of the Army alone being the instrumentall authors of your own slavery ours Therefore as there is any bowels of men in you any love to your Native Country Kindred Friends or relations any sparke of Conscience in you any hopes of glory or immortality in you or any pitty mercie or compassion to an inslaved undone perishing and dying People O help help save and redeem us from totall vassalage and slavery and be no more like brute beasts to fight against us or our friends
to be the most abhorred and detested of all the people above all men that ever breathed O insufferable and the highest of Treasons Leiut Col. Lilb Sir all the wit of all the Lawyers in England could never bring it within the compasse of high Treason by the old and just laws of this nation that abhors to oppress men contrary to Law then if they seem but to cry out of their oppressions to make them traytors for words Mr. Atturney I am confident the least Lawyer in England would have brought this within the Statute of Treason of the 25. Ed. 3. chap. 2. My Lords you shall see there is none escapt the Parliament with him are Tyrants Traytors and Vsurpers and therefore he stirrs up the people to destroy them But in the third place you shall see what Titles he gives to my Lord Generall Fairfax and his chief Officers that my Lord he that reads the books doth not know the parsons he would think that they were monsters and not men although they are so famous glorious that all the world have rung of them to their praise But saith he never was there more glorious Declarations made by men than by them and yet never performed any of them Nay he doth not only call them also Covenant engagement-breakers but he calls the Lord Generall Tyrant Murtherer and what not and the Officers perfideous Officers My Lords what I observed in the last clause of the Act is that whosoever goes about to draw the Souldiers from their obedience to their superiour Officers or from their obedience to the present Government that is high Treason and this likewise we shall finde him guilty of in his Legall fundamentall liberties of England inserted and vindicated it is in the first side of the Epistle that in the first place I pitch upon read it Clark pag 1. of the Epistle I positively accuse Mr. Oliver Cromwell for a wilfull murtherer and desire you to acquaint your house therewith for murthering Mr. Richard Arnold neare Ware Mr. Atturney Which man my Lord was condemned for a mtinier by a Counsell of Warre where the Lord Leiut of Ireland was but one member and the Parliament gave him and the rest of that Councell thanks for shooting that mutinous Souldier to death and yet Mr. Lilburne calls him murtherer therefore and this is laid to my Lord Leiuts charge for his part L. Col. Lilb Doth not the Petition of Right absolutely condemne all such acts in time of Peace when the Courts of Justice are open and the judgment of the Earle of Strafford doth abundantly condemne it who lost his life for a Traytor for doing the very same act in kind and likenesse at that time when he in the eye of the law was as legal a General as the General was that condemned that man Mr. Atturney My Lords L. Col. Lilb I pray Sir hear me out and sure I am the Declarations of all the powers extant in England ever since hath been to maintain the Petition of Right inviolably yea even those that are now in present power and if the Petition of Right be true to shoot souldiers as Arnold was is absolute murder Nay further if the judgment of the Parl. upon the Earl of Strafford for such an act be legal then all those that had a hand in shooting that Souldier are Traytors and ought to die for it as well as Strafford Clark reads on the second side of the Epistle Of all which crimes and charges and all your others against the King contained in your foresaid Declaration I know not three of them but Cromwel and his confederates in your pretended House and Army are as guilty of the like in kind though under a new name and notion as the King was of the fore-mentioned if not more guilty Mr. Prideaux Read pag. 35. Clerk pag. 35. But alas poor fools we were meerly cheated and cozened it being the principal unhappiness to some of us as to the flesh to have our eyes wide open to see things long before most honest men come to have their eyes open and this is that which turns to our smart reproach and that which we Commissioners feared at the first viz that no tye promises nor engagements were strong enough to the grand-juglers and leaders of the Army was now made clearly manifest for when it came to the Councel there came the General Cromwel and the whole Gang of Creature-Colonels and other Officers and spent many dayes in taking it all in pieces and there Ireton shewed himself an absolute King if not an Emperour against whose will no man must dispute and then Shuttlecock Roe their Scout Okey and Major Barton where Sir Hardress Waller sate President begun in their open Councel to quarrel with us by giving some of us base and unworthy language which procured them from me a sharp retortment of their own baseness and unworthiness into their teeth and a challenge from my self into the field besides seeing they were like to fight with us in the room in their own Garrison which when Sir Hardress Waller in my ear reproved me for it I justified it and gave it him again for suffering us to be so affronted and within a little time after I took my leave of them for a pack of dissembling jugling knaves amongst whom in consultation ever thereafter I should scorn to come as I told some of them for there was neither faith truth nor common honesty among them and so away I went to those that chose and intrusted me and gave publikely and effectually at a set-meeting appointed on purpose to divers of them an exact account how they had dealt with us and cozened and deceived us and so absolutely discharged my self from medling or making any more with so perfideous a Generation of men as the great Ones of the Army were but especially the cunningest of Machavilians Commissary Henrie Ireton Mr. Atturney Reade pag. 37. at the mark Clark pag. 37. Which the General and his Councel knew well enough and I dare safely say it upon my conscience that an Agreement of the People upon foundations of just freedome gone through with is a thing the General and the chiefest of his Councel as much hates as they do honesty justice and righteousness which they long since abandoned against which in their own spirits they are absolutely resolved I do verily believe to spend their heart-bloud and not to leave a man breathing in English ayr if possibly they can that throughly and resolutely prosecutes it a new and just Parl. being more dreadful to them then the great day of judgment so much spoken of in Scripture and although they have beheaded the King yet I am confidently perswaded their enmity is such at the peoples liberties that they would sooner run the hazard of setting the Prince in to reign in his Fathers stead then further really a just Agreement or endeavour a new Parliament rightly constituted Mr. Atturney Read pag. 38.
Nations forces for he is no such thing but is meerly a great Tyrant standing by the power of his own will and a strong Sword born by his vassals slaves and creatures having no Commission to be Generall either from Law the Parliament or from the prime Laws of nature and reason Mr Att Read An out-cry of the young men and apprentises page 3. Page 3. Your heart seems to us as obdurate as the flinty Rock as savage and inhumane as if the flesh and bloud the bones and marrow of the people were become your meate Mr Attur Stay Mr Broughton The Jury will take notice that this is directed to the Souldiers of the Generals Regement this speaks to them Clerk reads on Directed August 29. 1649. in an Epistle to the private Souldiery of the Army especially all those that signed the solemne Iugagement at newmarket heath the fifth of June 1649. but more especially to the private Souldiers of the Generalls Regiment of horse Mr Att Now read page the 3. Clerk page 3. Your hearts seem to us as obdurate as the flinty Rock as savage and Inhumane as if the flesh and bloud the bones and marrow of the Peopple were become your meat as already it is in effect and instead of Incouragement and support to our true friends and reall relievers as least in faithfull desire and endeavour as shall stand in the gapp betwixt out destroyers and us alwayes and means are used to impoverish destroy suppresse them and in them to break and vassalage the spirits of all the English which in all ages have had the preheminencies of other Nations that their may not be so much of gallantry or courage left amongst the people that one amongst them shall dare to assert or maintaine their Freedoms And a little below if any do but murmer and complain presently their houses as with furies are beset with armed mercinary Jannisaries Guards and Centinels set upon their doors and passages Mr Att My Lord and you Gentlemen of the Jury you hear what stuff this of Mr Lilburns is yea such stuff as that it would make any man loath to hear it The last clause of the Act is if any person not being an Officer Souldier or Member of the Army shall plot contrive or endeavour to stir up any mutinies in the Army or to withdraw any Officers or Souldiers from their Obedience to their superior Officers or to the present Government It is high Treason you have here the severall books read to you and the Calumniation laid upon the chiefest of them to stir the rest up to mutinies against them but they are very well known and therefore nothing that Mr Lilburn can say will stick upon them to their prejudice But my Lord you see here and you of the Jury how he appeals from the Officers to the Souldiers interrogates to know what they could do and whether they will acknowledge they will own them not fight against them and what aid and assistance they will give to him and his friends against their own General and the rest of their Superiour Officers You see also what he calls that noble Generall that all the world doth honor his fame wrings through the world and yet he cals him a grand Tyrant standing by the power of his own will and a strong sword a destroyer of the Parliament of the Laws and Liberties of England you see what he cals the common Souldiers Furies and Mercinary Jannizaries which none but Turks have You have heard the severall charges proved unto you for my part I think it is as clear as noon-day We have not raised any advantage upon any slipping words that have slipt from him which we might have done and I could I have urged some more witnesses to have proved his books published by him to publick view though when he comes in the face of the publick Court of Justice he will not own them which shewes his design to be the more dangerous he will writ print publish be sputter and reproach yea and raise Tumults and Rebellion in a Clandestine way but if we chance to question him therefore he will not own it you see we have been fain to fetch it out of the fire and yet this is one of Englands and its Liberties valiant Champions L. Col. Lilb You have done no more to me then the Scribes and Pharisees did to Jesus Christ and in my dealing with you I have but walked in the steps of my Lord and Master Jesus Christ and his Apostles For I am sure of it Jesus Christ in his pilgramage on earth freely openly and publickly taught and declared himself to be the Son of God the Messias or Saviour of the world that was prophesied of and yet when he came amongst the Scribes and Pharisees Pilate the Roman Governour who by questions went about to insnare him he confesseth nothing but saith I speak openly to the world I ever taught in the Synagogues and in the Temple whether the Jews alwayes resort and in the Secret have I said nothing why askest thou me ask them which heard me what I have said unto them behold they know what I have said and when Pilate adjured him to answer him whether he was such a one or no well saith he thou sayest it So say I thou Mr Prideaux sayest it they are my books but prove it Mr Att But I think here are enough and to many and therefore Gentlemen of the Jury if you respect the Government of the Parliament the Honour of the Counsel of State the Honour of the Nation or of the Army or the preservation of the Law of the Nation you cannot say but that the prisoner is guilty of such Crines and Treasons as he is now accused of and accordingly find him so for it cannot be supposed that you will lay him in a single Ballance against the Honour of all the powers in the Nation and also the peace thereof Fore-man We desire the Act of Treasons to make use of L. Col Lilb I beseech you hear me a few words they desire to have it along with them Sir with your favour I shall humbly crave Liberty to speak a few words I shall keep me close to that which is my right and my duty and that is to the matter of Law in my Indictment there are many things put into the Indictment by the Testimonies of Witnesses now sworne that are pretended to be acted in severall Counties whether that be according to Law or no I do not know whether you will judge it so or no but sure I am if either those expresse Statutes that I have already cited to the Jury or the third part of Cooks Instituts be Law I ought not to be tryed for Treason but by a Jury of the next Neighbour hood in the self-same County the fact is pretended to be committed in and therefore it is very questionable to me whether my Indictment be legall for that it chargeth me with facts
the formalities of the Law yet are the punctillioes and nicities thereof more urged against me then they have been against hostile enemies and yet for my part no man can tax me for being in hostility at any time against them in present power yet opon my life I am deni'd that which I had from these as my right by Law against whom I have been in armes and fought against in the field yea and that which in a higher nature then I desire hath been acknowledged just and legall by some of your own brother Judges but the last year which they have granted to some of my own Countrey-men Free-men of England but this last year in a higher nature by many degrees then I plead for There is Judge Nichols that I understand was one of Major Rolphes Counsell and I understand from Mr Maynards own mouth that he and Mr Maynard was by Baron Wild assigned of Rolphes Counsel in case of the highest Treason that the Law of England ever knew and that before the grand Inquest found the Indictment and that Mr Maynard c. had Liberty as Major Rolphs Counsel by Baron Wilds order to stand in the Court not onely to hear the witnesses sworne but also to hear the words of their Testimonie then caused by the Judge to be given in open Court and there being but two witnesses to two Fact contained in the Indictment Mr Maynard upon the Allegation of the two Statutes of Edward the sixth that requires two witnesses to the proofe of every Fact of Treason and that to be plain and clear overthrew Rolphs Indictment in Law that it was never found and so saved the poor Mans life who in likely hood had perished had it not been for the Ability Integritie of his Counsel And all this Mr Justice Nichols knowes is very true and that I have told you nothing about it but what is just It 's true I have read part of the plain Law of England that is in English but I am ignorant of that part of your Law which is three times so much as that which is in English and that Law or the practick part of the Law is in French and Latine which I have truly told you I can neither read nor understand therefore I humbly crave my priviledge and undoubted Right by the Law of England which in a higher nature was granted to Major Rolph as his unquestionable Right to have Counsel assigned me to help me in those things I am ignorant of I meane the Formalities and bottom of your Law I beseech you Sirs do not put me upon Extremities and upon extraordinary things but consider among your selves that righteous Rule of Jesus Christ and of the Scripture to do as you would be done to and do not put Impossibilities upon me by overruling by your power all my just Claimes and pleas in Law and require more of me then I am capable to performe And therefore I beseech you as you would approve your selves to be as righteous Judges before the eye of that God that sees your heart knows whether malicious fore thoughts of malice harbers theâ—in against me his faithfull servant do not cuningly and designedly destroy me for my Ignorance in the essential or circumstantial matter or forme of that huge Indictment that has so much matter of Law in it as it hath and to take away my life by denying me that which is the unquestionable legall Right of the Free-men of England the which if you will but allow me I do not doubt but to come off clearly and freely Lord Keeble Mr Lilburn You are now at a full point and this you have said now you have said often and we have heard it and that which you say now was answered before L. C. Lil. Sir It 's your own Law Sir Edw. Cook declares I ought to Lord Keeble Mr. Lilburn I shall add this more to it that you at this time have here such a Court which never any of your condition ever had in England so many Grave Judges of the Law L. Col. Lilb Truly I had rather have had an ordinary one Sir I mean a legall and ordinary Assisses or Sessions L. Keeble But this you have this is to take off or prevent that which you would do now if there had been one Judge no more and if you had not had this great presence of the Court you would have been malepart and have out talked them but you cannot do so here L. Col. Lilb Truly Sir I am not daunted at the multitude of my Judges neither at the glittering of your scarlet Robes nor the Majesty of your presence and harsh austere deportment towards me I blesse my good God for it who gives me courage and boldnesse L. Keeb. That your Tryal is so publick as your offence is for this end that all men may take notice that you have fair play therefore according to Law you ought to make your case in matter of fact clear for that I must tell you againe and once is as good as if I had told you a thousand times over unlesse you can clearly do that you say nothing to it if you will take that for clear proofe that hath been alleaged against you you may shorten your self but otherwise make that defence that you judge most sufficient to disprove the Fact for till that time you are clear gone in Law and no Councel must or can been assigned you L. Col. Lilb I have been a great while yesterday pleading my Right by Law for Councel and now I have stood many â—oures to hear your proofes to the Indictment I hope you will not be so cruell to put me to a present answer when bodily strength is spent Lo. Keeble We know it as well as your self you were here and stood divers hours yesterday and to day you have done the like but we came before you and stand after you L. C. Lilb Sir will you put a man to more then a horse is put to or is able to go through with therighteous man is mercifull even to a very beast Lo. Keeble We have been as long as you have L. Col. Lilb But under favour you have sat Lo. Keeble You had that Liberty to dispute no more we must go on L. Col. Lilb I desire but a weeks time to return you â—n answear to your large Indictment and if not so long then give me leave but till to morrow morning to consider of my answer I am upon my life Lo. Keeble No you must dispatch it now L. Col. Lilb Then give me leave but to withdraw into any private roome for an hour to recollect my thoughts peruse my notes and refresh my spirits and here abouts Judg. Jermin did whisper the Lo. Keeble in the eare and presently said Judg. Jermin It 's against the Law to allow you any more time the Jury stand here charged the Evidâ—nce is given you must immediatly go on or yield that for
truth which hath been proved against you L. Col. Lilb Well then if it must be so that you will have my bloud right or wrong and if I shall not have on houres time to refresh me after my strength is spent and to consider of that which hath been alledged against me then I appeale which he uttered with a mighty voice to the righteous God of heaven and earth against you where I am sure I shall be heard and find access and the Lord God Omnipotent and a mighty Judge betwixt you and me and requier and requite my bloud upon the heads of you and your posterity to the third and fourth generation immediatly after the uttering of which the Scaffold fell down which was on the left hand which occasioned a great noise and some confusion by reason of the peoples tumbling but silence being made the Prisoner was buisie at his Papers and books being invited by Sheriffe Pack to come out of the Barre for fear he should have faln with the rest and so he might have lost his prisoner Lo. Keeble How came the prisoner there L. Col. Lilb I went not thither Sir of my own accord but by Mr Sheriffs Invitation and if I am in a place where I ought not to be blame Mr Sheriff and not me Lo. Keeble Dispatch Sir L. C. Lilb Sir if you will be so cruell as not to give me leave to withdraw to ease and refresh my body I pray you let me do it in the Court Officer I entreat you to help me to a chamber-pott which whilst it was fetching Mr Lilburne followeth his Papers and books close and when the pott came he made water and gave it to the Foreman Lord Keeble Proceed Mr. Lilburn but he pressed for a little râ—spit which was granted him with much ado as also a chaire to sit down upon but within a very little space the Lord Keeble said Lord Keble The Court cannot stay for you proceed on to answer Li. Col. Lilburn Good Sir Would you have me to answer to impossibilities will you not give me breath if you thirst after my blood and nothing else will satisfie you take it presently without any more to do But the Prisoner strugled out a little respit Lord Keeble The Court can stay no longer take away his Chaire for I cannot see the Bar and plead what you have to say for it growes very late Lieutenant Colonell Lilburne Well seeing I must to it the will of God be done but his brother being next to him was heard to presse him to pause a little more No brother saith he my worke is done I will warrant you by the strength of God I will knock the Nayle upon the head and so he went into the Barre and set the Chaire before him and laid his Law Books open upon them in order as he intended to use them and being ready said Sir I humbly crave the favour since it is my hard lot and fortune at least in my owne apprehension to have so much hard measure and injustice as I have to know whether or no you will permit me after that I have pleaded to a matter of Fact according to the Law of ENGLAND that has beene allowed to the highest Traytors in all the Bookes that I have read of that I may speake in my owne hehalfe unto the Jury my Countrymen upon whose consciences integrity and honesty my life and the Lives and Liberties of the honest men of this Nation now lyes who are in Law Judges of Law as well as Fact and you onely the pronouncers of their Sentence Will and Minde I say I desire to know when I have pleaded to matter of Fact whether you will be pleased to give me leave to speake to them a few words besides Lord Keble Master Lilburne quietly expresse your self and you do well the Iury are Iudges of matter of Fact altogether and Iudge Cooke sayes so but I tell you the opinion of the Court they are Iudges of matter of Law Lieutenant Colonell Lilburne The Jury by Law are not onely Judges of Fact but of Law also and you that call your selves Judges of the Law are no more but norman intruders and indeed and in truth if the Jury please are no more but Cisers to pronounce their Verdict Judge Jermin Was there ever such a damnable blasphemous heresie as this is to call the Judges of the Law Cifers Sir I entreat you give me leave to read the words of the Law then for to the Jury I apply as my Iudges both in the Law and Fact Lord Keeble We will not deny a tittle of the Law Judge Jermin Let all the hearers know the Iury ought to take notice of it That the Iudges that are sworne that are twelve in number they have ever been the Iudges of the Law from the first time that ever we can reade or heare that Law was truly exprest in England and the Iury are onely Iudges whether such a thing were done or no they are onely Iudges of matter of Fact Lieutenant Colonell Lilburn I deny it here 's your owne Law to disprove you and therefore let not me but read it it is a hard case when a man is upon the triall of his life that you will not suffer him to reade the Law to the Iury for his owne defence I am sure you have caused to be read at large those Lawes that makes against me Lord Keeble But I shall pronounce to cleare the righteousnesse of that Law whatsoever others will pretend against it that know it not Lieutenant Colonell Lilburn Sir under favour I shall not trouble my self with any thing but what is pertinent to my present purpose here is the first part of Cooks Institutes it is owned by all the Lawyers that I know or ever heard of in England for good Law Lord Keeble If you can canvince us that matter of Law does concerne you the Iury you say something Lieutenant Colonell Lilburn Sir I have been shuffled too much out of my Liberties already give me leave to reade but the Law to the Iury I will make use of nothing now to them but your owne words and when I have done I will leave my self to them and the guidance of God upon their conscience and having the book open in his hand he said in the first part of Cooks Institutes sect 366. fol. 226. 227. 228. in his Exposition of Ployden hath these words Lord Keeble Have we dealt so fairely with you all this while Pray be confident those that are quotations there are not for your purpose but I thought how good a Lawyer you were for to set Cooks Commentaries upon Ployden when there is no such Booke or Commentary go to your matter of Fact which is cleare but for this let it fall downe and spare your selfe and trouble your selfe no more with Cooke he has no Commentary upon Ployden But Master Lilburne prest to speake Justice Jermin Hold Sir Lieut. Col. Lilburn What will not
Testimony to which the Lieutenant of the Tower sayes that Lieut Col John Lilburne gave him one of those Books in the Tower which truly I am confident is in Middlesex and truly I conceive under favour it will be a point disputable in Law that I should betried for my life in this place admitt there were a thousand witnesses to make it good that the Lieutenant of the Tower had one of them from me either in the place he formly named or at his own house for that Fact was done in the Tower that is out of the County of London and so not tryable by a Jury of Citizens of London but he further saith whether the Book that he now has be the same that he received from the hands of L. Col. Lilburne that he is not able to depose Then the rest of the wittnesses that do depose against me in relation to the Hue and Crie and James Nutley and Edward Raddon both of them Mr Prideaux servantts and the most that they say The Testimony of James Nutley and Edward Raddon is that when I was before their Master upon the 14. of Septemb. 1649. at his chamber in the Temple to be examined by him they say they saw me deliver a preparative to an Hue and Crie after Sir Arthur Haslerige to this masters hands and tell him that that was mine and I would own it saving the Printers Errata's which sayes the Lieutenant of the Tower upon his oath I expressed to be many In answer so which I say I do not know whether the Temple be with in the Liberties of London or no and if it be not I know no ground in Law wherefore a London Jury should try me here but more fully I say for any thing the Jury knowes or for any thing the witnesses swear the Printers Errata's which are many are all and every of those clauses that offence or exceptions are taken against for not one of those clauses which you except against are not proved to be the Prinetrs Errata's and therefore there is no validity or weight in those Testimonies also for they do not prove in the least that any six lines of the Book is mine all of them say that I owned no more of the Book then was free from the Printers Errata's And the Lieutenant of the Tower sweares that the clause was added which are many And therefore you the Gentlemen of the Jury I I appeal to your Consciences and to your Judgements and the Lord set it home to your understandings that you may not be guilty of the bloud of an innocent man by partiality fear or offrightment of spirit for in law Equity and Justice all their three Testimonies put together has no validity no strength nor force in them and so much for that The next thing fixt upon me is the legall fundamentall Liberties of the people of England revived asserted and vindicated and truly all that 's brought to prove the legal fundamental Liberties of England to be mine is but mearly the relations that are in the fore-mentioned Books for I do not remember nay I am sure of it that there is so much as a single Testimony that does give in any Evidence against me that it is mine and therefore I can answer to that nothing more then what I have said already The Testimonies all being invalled at least in the eye of the Law and therefore that 's gone too and blown away as chaff before the wind Lastly for the Agreement of the people truly that 's dated the first of May 1649. And truly for ought I know and I am sure of it too it is before the date of any of those Acts upon which I am indicted for my life therefore not within the compasse of it for Paul that great Apostle said and he that spoke by the spirit of God that dwelt within him to whom it was given in an extrarordinary manner that so he might thereby be enabled to write the infallible truths of God said where there is no law there can be no transgression but that Agreewent was in being publickly abroad with a legal Imprimatur to it before any of the Acts upon which I am arraigned had a being and therefore admit it should be granted to be mine yet it can be no transgression or any thing prejudicial in the eye of the Law unto me but besides there is not any Testimony at all that so much as layes it to my charge to be mine and therefore it pinches me not nor does any of all the rest of your charges and besides all that I have already said in my owne behalf to shew in Law the invalidity and insuffiencie of all the Testimony you have produced against me I add this by way of addition to it that there hath not been so much as one single witnesse or Testimony to prove that the Books laid to my charge are rightly and truly dated and not post dated which if any of them or all of them should be admit the proofes were sufficient in law yet unlesse the dayes of them be firmly proved to be exactly according to the original copies and not post dated for any thing the Jury knows they might be made and write before ever the Acts they are said to transgresse had a being And therefore if there were so many Testimonies in Law to prove the books mine which there is not in the least yet I say admit there had been a thousand witnesses to the proofe of every one of those books yet not withstanding in the eye of the Law I leave it to the Consciences of my Jury whether I be not free in that particular seeing there is none sweares punctually and positively to the dates of them but to put all out of danger as I denie nothing so in that particular I do not own a jott a line a word a sillable of any of them Now Sir having done so far as I have and clearly discovered to the Jury and all that hear me this day that all the proofes alledged against me does not stick in the least any guilt upon me truly I have clearly answered invallodated all the verball proofes according to the clear letter and true intention of the Law I have no more to say to all the evidences that have been read in books against me I leave it to the consciences of my Jury believing them to be a generation of men that believe in God the Father and believes they shall have a portion in the resurrection of the dead and stand before the tribunall of the Lord Almighty to give an account unto him the Lord of life and glory and the Judge of all the earth of all there actions done in the flesh I leave it to their judgements and consciences to judge righteously between me and my adversaries and the Lord of life and glory to judge right between me you that in all those things in your long scrowl you pretend me guilty
of I hope I have so clearly and fully answered all and every of your proofs that not any one thing sticks and to their consciences I cast it hoping that they doe look upon themselves as standing in the presence of him that sees their hearts and knows now whether there be any malice in them towards me or no which for my part I doe not believe there is for I professe I know no wrong I have particularly done them as men or generally as English men my conscience is free and clear as in the sight of God and I hope of all unbiassed men and to my knowledge I never see the faces of any two of them before this day and therefore intirely as an English man that loves and honours the good old laws of England and earnestly desires and endeavours and struggles for the preservation of justice and just Magistracy which I wish with all my soul may be preserved and therefore having suffered much for the preservation of the common and just liberties of England to their consciences and to their judgements I lealve both this matter and the constant series of all my actions in this my pilgrimage and vail of tears here below Lord Keeble Mr. Lilburn L. Col. Lilb Your pleasure Sir Lord Keeble Nothing Sir but this our consciences are befare God as well as yours and therefore you need not speak thus L. Col. Lilb Sir I have only two or three words more which I have spoken to you but these men that are my Jury and judges in whose hands only are the issues of my life have not as yet heard them I pray you give me liberty according to your promise to go on without interruption You Gentlemen of the Jury I have many materiall things to produce witnesses unto for my justification but no time in the least will be allowed me as you see to produce them which I ought by law to have had especially considering I have been lockt up so long close prisoner and have nothing for which I was first imprisoned laid unto my charge and have so high potent and mighty advarsaries as I have that truly every man is shy of me for fear he may come in trouble for comming near me and therefore I have but two or three words more to speak to the Jury I beseech you let me freely go on Lord Keeble Make them thirty to your defence and you may speake them L. Col. Lilb I shall by Gods assistance I shall keep close to my defence Now Gentlemen of the Jury I think I have sufficiently pleaded for my self at this present and that to clear up fully unto your judgements and to your understandings that by the law of England there is not so much as any one fact proved against me for the law is expresse that to every particular fact of Treason there must be two sufficient witnesses not by constructions or the like upon which score and plea that Gentleman Master Nichols that sits there as a Judge and Master John Maynard saved Major Rolphs life being to be arrained for the highest of English Treason before Barron Wild Now Gentlemen if notwithstanding what I have said any thing shall yet stick upon your spirits I shall intreat you to consider the intention of the law of England it is repeated severall times in Sir Edwards Cooks Institutes it is a maxim in the Law I have it here in the third part of his Institutes fol. 6. actus non facit reum nist meus sit rea Sir if you please to doe me the favour but to English it and explain it for the Jury for though I understand the substance of it yet I am not exactly able to English the latine but onely to understand the sense of it I conceive the sense of it is this it is not the act but the intention of the mind that declares guilt but therefore as in reference unto that I shall say no more but only this to them that the constant series of all my actions from my youth hitherto have manifested that I have with an affectionate and compasionate English spirit within me that hath put me forth for many years together really to endeavour the prosperity and good of the land of my nativitiy and not its mischiefe and destruction and that hitherto-ward in all my contests I have had the law and the declared publique justice of the Nation of my side having never done any mischiefe to my Country unlesse it be a misChief to oppose great mens wils I have now been seven moneths in prison I know not wherefore although originally I was committed to prison pretendedly for Treason and both the Acts upon which now I am indicted hath been made long since my first commitment there is not any one sillable of all those things for which I originally in generall without accuser or prosecutor was Voted a Traytor by the present power and for which I was proclaimed a Traitor throughout all the Market and great Towns in England six months a goe there is not now J say any one of those things laid to my charge but truly J have been laid inito prison for nothing as by this daies work clearly appears by the men in present power unto divers of whom J have often sent to know what it is they require at my hands and have also from time to time declared my readay willingnesse to compose and end all differences that concerne me having proffered again and again to reâ—er my selfe unto the finall determination of four of their own Members finally to end and determine all differences betwixt them and me whereof J was willing that Judge Rigby should be one of them a Gentleman though now a Judge I have found very honest and faithfull and to whom I have been much obliged to for many hearty favours I have from time to time received from him I say I have sent to him and Collonel Martin and aboundance of the members besides from time to time to some of whom I have written with some of whom I have spoken to I say I have sent many messages with the earnestes desire in the world that if I had offended any man in the House that if he would be pleased fairly and friendly to refer it to the finall judgement and determination of four Members of their own House and would stand to it and let all the world judge whether or no this proposition was not sutable to a Christian and sutable to an honest man yea to a man that judged himselfe in the strictest scrutiny of is own conscience to be free and innocent in his owne soul and in his owne conscience from all guilt crimes or Treasons or else if I had not I would not have put my felfe upon the judgement of those that were engaged in interest and selt-preservation against me and yet for the things that they imprisoned me for as a Traytor in general which I bear nothing of this day which
is wonderful strange law and proceedings to my understanding But besides Sir under favour I have not onely done this but I have â—e thousands of my friends I will undertake I could produce ten thousand of old and young Males and Females Citizens and Country-men men of honesty and integrity that have in the common cause always adhered to the freedoms of the Nation that have petitioned the Parliament several times yea from time to time with abundance of rationall and fair Petitions and truly stated my case to them and acquainted them with my condition and with the rest of my Fellow prisones and earnestly begged and intreated of them that they would not be hasty in condemning and destroying me before they heard me and afforded me a legall tryall from first to last according to the due forms and process of the law of England and yet for all this till I came before you I never saw accuser or prosecutor nor Indictment nor Charge nor nothing in all the earth legally to demonstrate me so much as a supposed offender and yet for all this no satisfaction in the world would be recieved notwithstanding in one Petition they desiring that they would be pleased seeing they were incensed against us and that they had taken indignation against us they did not desire to justifie us in any thing we had done but in regard to their own knowledge we had been all four faithfull zealous and setviceable Instruments in the common Cause of the Nation in which to the hazard of my life an hundred times over I have ingaged for them with my sword in my hand with as much resolution and as much faithfulness as any man on earth ever served a Generation of men having never betrayed my trust or ever given any suspition in the least that I would or ever so much as staggered in my principles nor ever so much as disputed any Commands though never so desperate that was laid upon me no nor ever turned my back in the field of their enemies in any of their services so long as it was possible for a man that had any brains left him to stand but was one of those 700 men at Brainford my self being there a voluntier without any particular command that with dint of sword stood it out against the whole body of the Kings numerous Army for many hours together and never stir'd off the ground till both horse and foot had as it were incompast 〈◊〉 round and till we came to a readiness to beat out one anothers brains with the but end of our muskets where I was taken a prisoner and led captive in a most barbarous and disgracefull manner to Oxford where I suffered abundance of unexpressable hardships and underwent the shock and rid the storm as stouâ—ly as any man there although I believe I was as much courted by messages from the King himself as any or all the Parliament men that were there my fellow-prisoners for there I have had no less then four Earls and Lords in one day sent unto me by Him to draw me over unto them but I bless God that kept me upright and intire unto my integrity and principles and suffered me not to turn my back upon them But Sir notwithstanding all this I say our friends desired of the Parliament that they would be pleased to take sufficient security according to the law for our forth-coming at all times to answer such things as shall be laid to our charge but their Petitions were contemned themselves slighted and abused and by no means could get any satisfactory answers to them Sir I speak here to you and to my fellow-Citizens the Jury as in the sight and presence of God that knows I lye not and if you find me to be in a lie in the least in what I have said then never credit man of my profession again for my sake Truly Sir I say they desired them that we might be released from our imprisonment putting insecurity to answer whatsoever legally could be charged upon us onely they craved that we might have the same legall priviledges that they demanded at the hands of the King when he impeached the Lord Kimbolton and the five members of High Treason which priviledges is easily and plainly to be read in their own first primitive Declarations pag. 38 39. and 76 77. Now abundance of the free people of this Nation in my behalf having craved the same priviledges that was demanded for the L. Kimbolton in the behalf of the five members and the like all that they desired was no more but the same priviledge that they craved for them which was that I might have the due process of the law from first to last and I and my accusers come face to face at the beginning before an ordinary Magistrate and if they had any thing to lay to my charg that they would legally according to law proceed with me but I say none of these would be granted although themselves in several of their Declarations have declared all these things to be the common right of all or any of the people of England as well as Parliament men yet notwithstanding all this they continued in their incensed condition against me and would come to no legall nor fair Issue with me nor let me in the least know what was the end or thing they required of me or what was the thing that would satisfie for the extenuation of their indignation against me but contratiwise dealt harder and harder with me in laying new and fresh insupportable burthens and provocations upon me For after all this they caused me to be lockt up close prisoner in the heat of Summer set Centinels night and day at my door denyed me the access of my wise and little babes for a certain season neither wife nor child could so much as set their feet within the Caâ—es of the Tower to see me or comfort me in my distress L. Keable Mr. Lilburn is this your defence L. C. Lilburn I beseech you as either the law or fear of God conscience or common honesty dwelt within you let me have a little fair play to go on to speak for my life without interruption I shall not trouble you long for I have almost done L. Keable When your matter of fact is to defend your self and to answer the proof upon that and that is it we are to hear and not to hear you tell the story of all your life and then if we should reply to these particular things they will be such as most of them will vanish and do you no service but take up a great deal of time do not tell us a story but go on to finish the matter of fact L. C. Lilburn It has been your favour to give me leave to tell it over to you I pray give me leave to declare it to my Jury who hath not heard it before and it is very material to my preservation and my life lies
upon it therefore do not deal with me as Proctors and ingaged men with those that thirst for my bloud and laying aside that evenness of hand betwixt both parties that ought to be in all just and righteous Judges L. Keable 'T is nothing to this if it be any thing in the world to do you good in the way of your course of defence you should have it L. C. Lilburn Well if you let me go on no futther to make my defence I cannot over-rule you though you over-rule me my bloud be upon your heads and the Lord God of heaven and earth reward you for all your bloud-thirsty cruelty towards me his innocent Servant this day and so I have done with it and what I have said I have done with it leave it to the Jury earnestly begging and intreating them to take notice of your cruell and unjust dealing with me in denying me all the priviledges of an English-man when I am upon my life L. Keable What is materiall you shall not be debarred in it L. C. Lilburn O Lord Siâ— What strange Judges are you that you will neither allow me Counsel to help me to plead nor suffer me my self to speak for my own life Is this your law and Justice Sir I have no more to say but this seeing you straiten me although you said you would hear me till midnight I hope I have made it evident to all rationall men that all or any part of the testimony given in against me does not in the exact eye of the law in the least touch me although I have been most unjustly imprisoned and most barbarously used and tyrannized over yea and my estate by will and power taken from me that should have kept me and mine alive and the legal and customary allowance of the Tower denyed me to this day and although I have used all Christian and fair means to compose my differences with my Adversâ—ries but nothing would serve their turns but I must have oppression upon oppression laid upon me enough to break the back of a horse and then if I cry out of my oppressions in any kind I must have new Treasonsnares made to catch me many moneths after their oppressions were first laid upon me that if I so much as whimper or speak in the least of their unjust dealing with me I must dye rherefore as a traytor O miserable servitude and miserable bondage in the first year of Englands Freedom I have now no more to say unto you but onely this your own law tels me Sir Edw. Cook speaks it three or four times over in his 3 part instituts That it is the Law of England that any by stander may speak in the prisoners behalf if he see any thing urg'd against him contrary to Law or do apprehend he fals short of urging any material thing that may serve for his defence and preservation Here 's your own Law for it Sir Cook is full and pregnant to this purpose in his 3. part Institutes fol. 29 34 37. But this hath several times been denyed me in the case of Mr. Sprat my Soliciter and now I demand it again as my right by law that he may speak a few words for me according to his often desire both to â—he and the Court I have almost done Sir onely once again I claim that as my right which you have promised that I should have Councel to matter of law and if you give me but your own promise which is my undoubted right by your own law and I fear not my life But if you again shall deny both these legal priviledges I shall desire my Jury to take notice that I aver you rob me of the benefit of the law and go about to murther me without and against law and therefore as a free-born English man and as a true Christian that now stands in the sight and presence of God with an uprighs hearâ— and conscience with a chearfull countenance cast my life and the lives of all the honest free-men of England nâ—o the hands of God and his gracious protection and into the care and conscience of my honest Jury and Fellow-Citizens who I again declare by the law of England are the Conservators and sole Judges of my life having inherent in them alone the judicial power of the law as well as fact you Judges that sit there being no more if they please but Ciphers to pronounce the Sentence or their Clarks to say Amen to them being at the best in your Original but the Norman Conqueâ—ours Intruders and therefore you Gentlemen of the Jury my sole Judges the Keepers of my life at whose hands the Lord will require my bloud in case you leave any part of my indictment to the cruell and bloudy men And therefore I desire you to know your power and consider your duty both to God to Me to your own Selves and to your Country and the gracious assisting Spirit and presence of the Lord God omnipotent the Governour of Heaven and Earth and all things therein contained go along with you give counsell and direct you to do that which is just and for his glory The People with a loud voyce cryed Amen Amen and gave an extraordinary great hum which made the Judges loâ—k something untowardly about them and coused Major Generall Skippon to send for three more fresh Companiâ—s of Foot Souldiers Mr. Atturney Gentlemen of the Jury You have heard the Evidence in behalf of the State You have heard the insinuations of the prisoner upon them as calling you his Fellow-Citizens and the like He hath said and spoken we have proved and it is in your consciences to believe proof before saying the prisoner begun to cite you two Acts of Parliament the one in the 1. of Edw. 6. and the other the 5 and 6. of Edw. 6. and by those two Acts he would signifie to you that you should have two plain and evident Witnesses to every particular fact yet he did forget to cite another Statute made in the first and sâ—cond year of Philip and Mary that overthrows and annihilates those two Statutes that would have two plain witnâ—sses to every fact of treason and in all cases of treason will have them freed according to the common course of law the common-law for the try all of them if that must â—s materiall or if that stick with you that you cannot determine it my Lords the Judges will direct you in it and in all other points of law But certainly that exception was a little vain too for we did not insist with one particular witnesse in nothing at all For that of Newcome the prisoner did not repeat fully what he said for I remember he said this that Mr. Lilburn and Capt. Iones came together and brought the Copy of the last sheet that was to be printed if one come with him and the other delâ—vered it to the Printer they are both equally guiltie alike they came again the same day
at night and when the first sheet was printed to be sure it was true and right that Mr. Lilburn did take the pains to take one of the Copies into his hand and corrected it Lieu. Col. Lilb By your favour Sir he urg'd no such thing by your favour fir they are the express words of the testimony to the quite contrary and I wonder Mr. Pâ—idâ—aux you are not ashamed to aver such notorious falshoods as you do in the open face of the Court before thousands of Witnesses for Newcome said no such thing as you fasly affirm neither is there any such Statute in Queen Mary's time that doth abolish those two Statutes of Edw. 6. that I insist upon for two Witnesses name your Statute if you can herâ—'s the Statute-book let the Jury hear it read and do noâ— abuse them with your impudent falshoods Mr. Atturney Well Sir I leave it to the judgment of the Jury Sir My Lord as for all the rest and particularly for that of the salva libertate it is true there is but one witnesse which is sufficient enough by the fore-mentioned Act of Queen Mary but my Lord it is under Mr. Lilburns own hand he will not deny it Lieu. Col. Lilb By your favour there is no man so swears in the least that it is my hand Jesus Christ denyed none of his accusation yet when they went about to ensnare him by questions he answered Pilate c. Thou sayst so go to those that heard me they know what I said why ask you me Sir I beseech you produce your Act of Parliament in Queen Maries time to prove in cases of Treason there ought to be but a single Witness Mr. Atturney Do not interrupt me Mr. Lilburn L. C. Lilburn I pray you then do not urge that which is not right nor true but notoriously false for if you persevere in 't I will interrupt you and tell you of it to the purpose Just Jermin Though you do recite many things yet I must tel you the Law of the Land saith the Councel for the Common-Wealth must be heard L. C. Lilburn I beseech you then let there be no more added to the restimony then right and truth for my life lyes upon it and I must and will declare the business and the falsness of it Mr. Atturney I would not do the tenth part of the hair of your head wrong but being intrusted I shall do my duty and discharge my consâ—â—once in my place which is fully and plainly to open that unto them which in my conscience I think is right and just L. C. Lilburn I do repeat it thus as in my conscience that he did say when the Copy was first brought Capt. Jones gave him the Copy and Cap. Jones did agree with him for the printing of it and Cap. Jones did read the Original to his Corrector which Correctar amended the Printers faults and that I had an uncorrected sheet away and that his forms were taken before he had perfected that Mr. Atturney And Mr. Lilburn came the second time L. C. Lilburn Will you spend all day in vain repetitions you would not give one leave to breath nor freely to speak truth without interruption although you were laying load upon me for 5 hours together I pray sir do not now go about to tire the Jury with tedious repetitions nor to sophisticate oâ— adulterate their understandings with your falâ—hoods and untruths Just Jerm Mr. Lilburn the law of the land is that the Councel for the State must speak last L. C. Lilburn Sir your law is according to the law of God you said and that law I am sure it will havo no man to bear false witness why doth Mr. Prideaux tell the Jury such falshoods as he doth and takes up six times more time to take away my life then you or he will allow me to defend it Mr. Atturney For the Salva that it was delivered in the Tower which is not in London I hear not one witness to prove that L. C. Lilburn That is a disputable point in law whether it be in London or Middlesex Mr. Atturney And then my Lord as for the Agreement of the People Mr. Lilburn sayes it was dated the first of May 1649. and it was before the Act was made that is dated May 1649. and it is before the law was made in July 1649. We do not question him for that but when he comes to bring in those books in August last then he does new publish that Agreement of the People he incites them to set it up as their Center Standard and Banner L. C. Lilburn Let me not thus be abused that book was never fixt upon me I was never taxt to be the Author of it or so much as the disperser of one of them what baseness is this in you Mr. Prideaux thus falsly to use me L. Keeble He does you no wrong but all the fair play that can be he doth fix that Agreement no otherwise upon you then by your bookes it is Mr. Atturney I do acknowledge the Agreement of the people that you are charged with is dated the 1. of May 1649 and that the evidence may allow this as also that that Agreement of the People that was then published and which you in your books did own was and is signed by Mr. Walwit Mr. Prince and Mr. Overton your fellow-prisoners as well as your self L. C. Lilburn There is no book yet proved mine and if that Agreement were mine yet it is dated before both your Acts and was in print before they had a being and therefore in the eye of your own law can be no transgression and you your selfe doth not so much as accuse me for publishing or dispersing one of them since your Acts were publikely declared Mr. Atturney That which you owned and signed Mr. Lilburn L. C. Lilburn By your favour sir I never owned or signed any book that is proved against me yet and no book in the eye of the law can be accounted it mine untill it be legally proved mine or voluntarily confessed to be mine by my seâ—f Mr. Atturney My Lord that is own'd to be so printed when he must come and incite the people and stir them up upon those particulats therein contained to insist with particulars are the dissolving of the Parliament the having of anew and such other particulars therein containâ—d and that this Agreement shall be the Center the Banner and the waved Standard unto which they shall flock and to send Agents into several Countries to put this into execution * Note that the Indictment chargeth no such thing upon Mr. Lilburn neither was there any proof at all brought so much as to accuse him of any such thing Now my Lords for this book it is not doubted but that there are two Witnesses that the Preparative to the Hue-and Cry was owned by Mr. Lilburn to be his own the Errataes of the Printer onely excepted and that the Lieutenant of the
Tower likewise joyns in it My Lords I think there was not a clause read to you out of it but what is ful home to the purpose and as for the Out-cry the Printers test imony is compleat and the legal fundamental liberties is owned by him in his Impeachment of High Treason against Lieut. Gen. Cromwel and his Son in law Commissary Ireton and he doth there also sufficiently own the Agreement of the first of May And my Lords I do not know there was any thing that was effered here in that book but was first proved in the Court We do not offer any thing of errour that was past to take Mr. Lilburn upon any speeches that fell from him unawares although he hath sufficiently done it but in much speaking there wants not effence it fals out here in this Mr. Lilburn hath been very free in his writing in his speaking in his printing and it now riseth in judgment against him and the law must now give him his due which you my Lords are sole Judges of and from whom the Jury and the Prisoner both must receive for all that which Mr. Lilburn hath said to the contrary And the Jury answers to the matter of fact and they are upon their Oaths sworn to do the things that are just and right My Lords I shall leave the Evidence to them with this note or observation upon it that notwithstanding all Mr Lilburn hath storished and said I will not say as he hath done and seeke by glossing speeches or insinuations to wind into the affections of the Jury as he cunningly and smoothly hath done by calling them his fellow Citizens and the like you Gentlemen of the Jury you are to answer now according to your own consciences betwixt God and you your oath is that you are not to respect favour or affection nor to meddle with him upon any respect then in justice and as it is already clearely witnessed and proved before you My Lords you have heard the severall charges he is accused upon you have heard a great deal of foul matter and dirt that is fit for nothing but to be cast upon the ground and returnes to Mr Lilburn again for truly wâ—en he cast it upon the purest Marble or Brasse it fals off again God he thanked that it returnes to Mr Lilburn the right owner the prisoner hath cast these accusations and these blemishes upon others but now they are upon the ground they will fall off doth retort and return upon his own face he hath taken a great deal of pains to digge deep for mistakes nay for notorious gross calumniations had he the ingenuity to remember the words of the Scripture that the pit he hath digged for others he is falne into himself he would have some remorse of conscience in him but all the mischiefs and all the evils that can be thought upon which he imagined to heap upon others is now most justly falne upon himselfe It is said of those slies whose matter is corruption they alwaies light upon sore places upon galled backs upon carrion other birds when they slie upon faire meadowes will not touch these Certainly the Parliament of England the Army all the Officers of it whose fame both as Parliament and Army all men know in an extraordinary manner are now put in a ballance against Mr Lilburn but for the Army and the Officers of it no man can say but they have been faithfull and true to their trust gallant and couragious and extream succesfull to the peace and happinesse of this Nation and God is pleased at this instant to own them and blesse them in a miraculous manner L. Col. Lilb And yet notwithstanding did not you help to vote them Traytors once I am sure I was in a chamber in White-Hall last year when their Commissioners now Members of your House put your name down in their black bill for a Malignant but it seems you have recanted your errors and engaged to be a good acquiessing creature or else you had not been here this day in the condition you are in but for all their faithfulnesse c. have they not rebelled twice against their Creatours Lords and Masters M. Att. Never Army hath done greater things and yet they have not seaped Mr Lilburns tongue and pen they have not scap'd it my Lords but he hath lashed them to the purpose I shall be as good as my word not to aggravate the offences for they are fo vile they aggravate themselves enough and therefore I leave it thus the naked truth and the worth of it as the Books themselves have offered themselves but I shall say thus much more the honour of the Parliament of England all the Magistracy therein the honour of the Government the honour and renown of the Army that hath done such great and wonderfull things is now at stake against Mr Lilburn and there being a law published that did give warning and Mr Lilburn had been tried for his life sooner upon my knowledge I say Mr Lilburn had been sooner tried sooner condemned and executed if the law had been sooner made published but as he saith right well where there is no law there is no transgression and therefore there being a law against which he hath offended he must smart for it L. Col. Lilb I am sure I was imprisoned most unjustly without any the least shadow or couller in law many moneths before your Acts were made and extreamly oppressed and now you goe about to hang me as a Traytor for at most but crying out of your oppression O unrighteous men the Lord in mercy look upon me and deliver me and every honest man from you the vilest of men M. Att. And that law was published and proclaimed in this City by means of which Mr Lilburn and others had timely notice that they should not doe such things as are there forbidden it also told them the penalties of it which are those that are due for the highest high Treason and yet notwithstanding you see with what boldnesse with what confidence in despight of all Law and Authority these Books have been made and published by Mr Lilburn and whereas he is pleased to say many times that many men have petitioned for him to the Parliament he will not affirm to you that ever he petitioned himselfe but in all his discourse here he cals them the present men in power the Gentlemen at Westminster nay my Lord he hath not so much as owned the power of the Court since he came before you but hath often called you ciphers and the like L. Col. Lilb That 's no Treason Sir they intitle themselves the present power and would you hang me for not giving them a better stile then they themselves give to themselves I think the stile of present power or present Government is a very fit stile for them Mr. Att. My Lord I have told you long it is the Jury that are Judges upon the fact
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 donâ— 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 faciâ— 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
Martin his Discharge was procured a Copy of which thus followeth Whereas Lieutenant Colonell John Lilburne hath been Committed Prisoner to the Tower upon Suspition of high Treason in Order to his Tryall at Law which Tryall hee hath received and is thereby * * The Jury justified in their Verdict by the Councell of State aquitted These are therefore to will and require you upon sight hereof to discharge and set at liberty the said Lieutenant Colonell John Lilburn from his imprisonment for which this shall bee your sufficient warrant Given at the Councell of State at White-Hall this 8. day of November 1649. Signed in the name and by the Order of the Councell of State appointed by Authority of Parliament JOHN BRADSHAW President To the Lievtenant of the Tower of London or to his Deputy An Appendix annexed by the Publisher JUdicious Reader I have been as upright and indifferent in writing and transcribing of the foresaid discourse as possibly I could without maliciously designedly or wilfully wronging either the Court or Mr. Lilburne the Prisoner as possibly a man could be at least in my apprehension and if any thing be amisse the second Edition may peradventure mend it if more exacter Copies can be got then I was necessitated to go by many more notable observations in the eye of Law and Reason by way of marginall notes might have been made then are but time streightned me much and feare of giving too much distaste which might much prejudice the Printers and Book-sellers in vending of the Copies and also I do desire all honest men that have any interest amongst the able and knowing Lawyers of this Nation by what name of distinction soever they are distinguished that they would improve their interest in them to get them to write their observations and opinions in Law of the legality or illegality of every particular of the whole proceedings of the Judges with Mr. Lilburne that so when he hath been ignorant of his right by Law the next that comes after him may be helpt by their information there is come unto my hands in print two Copies of two of his own Letters sent abroad a little before his Tryall as also a Petition of divers of his friends and two Copies of his Wives and his Brothers Petitions which have divers rationall remarkable and faire Propositions in them within their Orders according to the day of their dates I thought good here to insert for that end that he and his friends abroad may see the height of that malice that was intended towards him and so the more be engaged to blesse God for his miraculous deliverance from the jawes of death and the hands of â—â—uel and mercilesse men who by the rejecting of all his and his friends faire proffers very much consirme me in the belief of that common report that he was judged and condemned before he was tryed or heard and that the next morning after his Iuries saving of him should have been the time for hanging drawing and quartering him as a Traytor in order unto which my Belief tâ—lls me was Major Gen. Skippons fetching three fresh Companies of mercinary Souldiers after the peoples first â—â—m who were to guard him to Newgate in case he had been condemned which his Judges never doubted the Jaylor whereof was sent for by Col. Whaley c. to come and take charge of the prisoner and he accordingly came into the Court and stood by the prisoner being ready to receive him in case the honest true-hearted English Jury had brought him in guilty But now to the things themselves the first of which thus followeth The innocent Mans first Proffer OR The Proposition of Lieut. Col. John Lilburn Prerogative-prisoner in the Tower of London made unto his present Adversaries and to the whole Nation of England Octob. 20. 1649. For William Hevenningham Esq of Hevenningham in Suffolk these present Honoured Sir HAving sometimes the opportunity to discourse with you there appeared that in you unto me that gives me incouragement to pick you out above all men that now remain sitting in your house to write a few lines unto in as moderate a way as my condition and provocations will permit me I have now within very few days bin 7. moneths a prisoner the legallity or illegallity of which I shall not now discourse having already of late said so much in my own Defence * See my Salva Libertate sent to the Lieutenant of the Tower in Septemb. last and my Discourse with Mr. Prideaux intituled Strength out of Weakness grounded upon the Law your own Declarations and the Armies which with other things it seems hath occasioned your house to pass a special Commission of Oyer and Terminer to try me which whether such a special Commission made by never so unquestionable Authority be not contrary to the Petition of Right which you have so often sworn and particularly declared to maintain inviolably I shall for brevities suke not now dispute onely give me leave and I hope without any offence to put you in mind of that excellent and printed Argument in speeches and passages of Parliament 1640 1641. page 409 410 411 to 417. of Mr. Hides your quondam fellow-Member before the Lords in Parliament as the then Mouth of the Commons-house in April 1641. upon the special Commission of Oyer and Terminer that was exercised in the five Northern Counties at Yorke in which argument besides many excellent observeable passages about the midst of it he interrogates saith What hath the good Northern people done that they onely must be disfranchized of all their priviledges by Magna Charta and the Petition of Right for to what purpose serve these Statutes if they may be fined and imprisoned without Law according to the discretion of the said Commissioners of speciall Oyer and Terminer what have they done that they and they alone of all the People of this then happy Island must be dis-inherited of their Birth-right of their Inheritance I shall at present make no application for my selfe onely I shall adde a few more of his lines toward the conclusion of his Argument in page 415. which I hope cannot be offensive being spoken by him that was so eminently authorized thereunto where he saith to the Lords Truly my Lords these vexed worne people of the North are not suitors to your Lordships to regulate this Court of Oyer and Terminer or to reforme the Judges of it but for extirpating these Judges and utterly abolishing this Court They are of Catoes mind who would not submit to Caesar for his life saying he would not be beholding to a Tyrant for injustice for it was injustice in him to take upon him to save a mans life over whom he had no power which Court of speciall Oyer and Terminer was absolutely and totally abolished by that excellent Act that abolished the Star-Chamber being the 17. of the late King Anno. 1641. But Sir if it shall be objected against
let us reason together And surely if ever here were need of such a goodnesse now is the time when not onely complaints and distractions abound in all places but multitudes of cordinall friends to the Parl. are exceedingly grieved and sadned in their spirits as not seeing the Common-wealth in a condition of freedom or exemption from grievances and burthens in any measure answerable to the many promises of the Parl. to the affections of those that have assisted them or to the endeavours engagements intentions and desires of the Army Every one believing That in a very short time after the expulsion of the greater number of the Members of this honourable House as betrayers of their trust A new Representative should immediatly have been ordered according to that Moddell of an Agreement of the People tendered by the Councel of the Army or in some other way And that because that honourable Councel in their Declaration of December last Declared That they should not looke on the remaining part as a former standing power to be continued but in order unto and untill the introducing of a more full and formall Power in a just Representative to be speedily endeavoured by an Agreement of the People And we were the more confident hereof because they had formerly declared also That where the Supream Authority was fixt in the same Persons during their own pleasure it rendered that Government no better then a Tyranny and the People subject thereunto no better then Vassals That by frequent Elections men come to taste of subjection as well as Ruâ—e and are thereby oblieged for their own sakes to be tender of the good of the People so that considering those expressions and those extraordinary things done declaredly for a speedy new Elected Parliament how it should come not onely to be wholly deferred but to be matter of blame for us or any of our friends earnestly to desire what is so evidently just and necessary in it selfe and so essential to the liberties of the Nation perplexeth us above measure and we intreat some satisfaction therein And truly when you had voted the People under God to be the originall of all just Power and the chosen Representatives of the People the Supream Authority we conceived that you did it to convey those Righteous Principles which we and our friends long laboured for to the next full and formal Representative and not that you intended te have exercised the supream Law-making Power Much lesse that such ensnaring Lawes should ever have issued from a house of Commons so often and so exceedingly purged intentionally by the Army for the freedom of the Common-wealth as is your Act against Treason wherein contrary to the course of former Parliaments and to Magna Charta so many things are made Treason that it is almost impossible for any to discourse with any affection for performance of promises and Engagements or for the liberties of the Nation but he is in danger of his life if Judges and Juries should take it for good Law which God forbid Also your Act for continuance and receipt of Excise which every one hoped upon the prevailing of the Army would have had a finall end to Trade more oppressive then all the Pattents Projects and Shipmoney put together Also your Act for continuance and strict receipt of Customs was exceeding crosse to expectation that and the other for Excise being esteemed most destructive to all kind of Commerce Shipping and Navigation and are so chargeable in the Receipt as that if what is disbursed to Offices and Collectors were raysed in an ordinary way of Subsidies it would go very farre towards the publique charge which it was hoped you would have seriously laid to heart and have prepared a way to have eased the Nation of both and to have raised all publique moneys by way of Subsidies It was hoped also That you would have done something towards easing the People of the long complained burthen of Tythes rather then to have enforced the same upon treble dammages It was also expected upon the prevailing of the Army and the reducement of this honourable House That the Printing-Presses should have been fully opened and set at free liberty for the clear Information of the People the stopping of them having been complained of as a great oppression in the Bishops times and in the time of the late unpurged Parl. rather then such an Act against all unlicensed Printing Writing or Publishing as for strictnesse and severity was never before seene in England and is extreamly dissatisfactory to most People And truly when you had declared so highly resolvedly for the maintenance of the Law of the Land as to the defence of every mans Liberty and Property according to that excellent Law of the Petition of Right you may soone conceive what heart-breaking torment of spirit was occasioned by your seizing in an hostile manner such constant cordial Promoters of those excellent Maximes forementioned by the commitment of them in an extrajudicial manner to an Arbitrary Prison where they have been long time Prisoners and most of that time close prisoners their Chambers and Pockets search'd more then once to find matter against them things altogether unparliamentary yea denied a legal Tryal no legal Crime being laid to their Charge nor Accuser or Witnesse ever seene by them face to face as Law requires and this to the Ruine of themselves and Families as to temporall subsistance We professe we are not able to express the grief and amazement that seized on us thereupon and which is daily renewed upon us in that now after extream provocations you seeme Resolved to take away the life of our dear friend Mr. Lilburn and others not by any ordinary way of Trial at the usuall Assizes but by a speciall Commission of Oyer and Terminer the Judges being composed of such as whose interest he hath long opposed a way much complained of in the corrupt times before this Parliament and which we hoped we should have heard no more of in this Nation And although this is too too lamentable yet would this were all but if we understand the Petition of Right truly the putting of Souldiers to death or to other reproachful and painful punishments by Martial-Law in time of Peace is not agreeable thereunto and if we are deceived therein the express words of that Law have deceived us But that such as have ventured their lives for you and thought nothing too deere to be spent in defence of a just Parliamentary-Authority should yet be imprisoned as some such there are in remote Castles and used more barbarously then Mr. Burton Mr. Prinne and Dr. Bastwick in the Bishops time and how soone intended to be proceeded against by special Commission of Oyer and Terminer we cannot but feare This makes our very hearts to bleed and our Bowels to earne within us insomuch as if no Reason Conscience feare of God or sence of Religion will put a speedy stop to these
proceedings but our most deere Friends because ever faithful to their Countrey must thus be ruined and slaughtered under pretence of Tryalls we shall not desire to breath longer in this World as seeing nothing but misery and slavery like to follow after them What a sad thing we beseech you is it that it should be thus in this Nation in the first year of Englands liberty as you would have it esteemed which in our apprehension exceeds in misery and thraldome the worst of Englands bondage For besides what hath been mentioned what is more frequent then to txamine men against themselves to imprison men by Votes of Committees to seize upon mens persons by Pursuivants Messengers to sweare men against themselves Taxes and Impositions never so high and Souldiers not civill Officers set to gather them to the terror of the people and upon the least deniall either violence or an Imprisonment certainly ensueth Lawyers in effect are said to rule all the Lawes are trod under foot by them and wrested to what sence they please and Law suites extended beyond all reason in respect of time and charge then as is verily supposed having mâ—dded the clear intentions of this House and perverted the just intentions of the Army poor impotent Prisoners for debt and mall offences abound and starve in prisons through poverty the cruelty of Lawyers and Goalers and the poor abroad even perish for want of imployment and through the excessive price of foode and few or none lay these things to heart And if any do and become passionately affected there with and but speak their mindes freely thereof or as hath been usual and commendable endeavour to get People together in meetings and propose Petitions for redresse the Puritans were never more reproached in the Bishops times nor the Independents and Anabaptists in the late defectiou of Parl. then now all such are with more odious Titles or the same in a more odious forme as Atheists Levellers Libertines Introducers of Monarchy Anarchy and Confusion which are poysoned Arrowes shot principally at us and our Friends though must unjustly none hating or abhorring either the Principles or the Practice more then we or our Relations To our understandings this is truly our mise rable condition and the sad condition of the Common-wealth and which is the more grievous because in a time when upon promises made in the presence of God and with appeales to his mâ—st righteous judgments we justly expected the cleaâ—est and largest Freedoms with even a totall redresse of all grievances and which is no small addition to our sorrow that we are wounded thus sorely by the hands whence we expected our most perfect Cure So that what to say or do either to help our selves or our Friends that are both in misery and danger and the Common-wealth that lyeth in no small degree of thraldom we are exceedingly to seeke and therefore as in fit condition for his help only that is a present help in time of trouble and who maketh mans extremity his oppertunity we most humbly and ardently beseech his divine goodnesse to vouchsafe you a true Christian like Spirit of Condescention whereby you may be inclined to appoint some impartial persons to informe our understandings aright of many things here complained of that if we be we may appear to have been mistaken professing from our Consciences that as yet we are confirmed in these our apprehensions of things not onely from our own Reasons but from the Declarations Promises and Engagements of Parliaments and we trust this way of reasoning out of differences will appear more like unto the wayes of God then by force or threats to stop our mouthes or suppresse our understandings Also that he will both test fie and mollâ— fie your hearts that you may instantly look back from whence you are fallen To the just ends for which the Army reserved you together and then not despairing but the hand that may heale it being Gods way we would beseech you to render up unto the People their long detained right of new Elections and a new elected Parl. To fulfill your promises concerning Magna Charta and the Petition of Right to unbind every burthen and to break every yoake to give bread to the hungry when you see the naked to cover him and not to hide your selves from those of your own flesh your present humble Petitioners though never so much scandalized and reproached To deliver the Captive and set the oppressed free and if for a testimony of your reall intentions herein you shall release unto us ours and the Nations true Friends though pointed unto death or continuance in bonds we shall rejoyce above measure at so blessed an alteration and then shall your light break forth as the morning you shall finish your Course with joy all we have shall be ever ready to preserve you and we shall ever pray that the Lord our God may be your exceeding great reward REader This foregoing Petition was Octob. 23. 1649. offered unto the House with most earnest and importunate solicitation to have it received but such a face of denial and opposition appeared amongst them that neither the Serjeant at Armes nor any Member would so much as touch it telling the Petitioners that the House would not receive any Petition in L. C. Lilburnes behalf Notwithstanding they have Declared That it is the Right of the People of England to petition and their duty to receive Petitions though against Lawes established part book declar pag. 720. The fift and last of which in order is his Brothers single Petition the Copy of which thus followeth To the Right Honourable the supream Authority of this Nation the Commons of England in Parliament assembled The humble Petition of Col. Robert Lilburn Humbly sheweth THat although of late presenting an humble Petition to this Honorable House in my own and my Sisters name in behalf of my dear brother I had not the happiness to have the same considered yet so strong are my affections towards him not onely as a brother but as confident of his integrity and that he hath been very serviceable formerly in his Generation though possibly accompanied with humane fraâ—â—ties but also exceedingly afflicted with the long continuall sufferings of his faithful dear and now almost distracted wife Hereupon and for that it grieves me above measure that he whom all former powers sought to destroy for his affection to the present members of this honorable house which powers you have abolished and out of whose hands he as it were miraculously escaped should come to receive his sad doom under your Authority when as I verily believe that upon good grounded assurance that could I but obtain so much favour of this honourable house as to suspend all proceedings against him for some reasonable time I should be able to convince him of the evill of any thing that is really evill of it self and whereby possibly upon a mistaken conscience he may unwillingly have
unpolluted by humane humors or humane corruptions Wits or Wils that 's the Law of England There be two reasons why holding up the hand hath been used alwayes First for notice that those that are called for Capital and Criminal offences that they hold up their hands is to declare that they are the men My Lord hath given you this one reason already which I say is â—hat he be notified by holding up the t hand to all the beholders and those that be present hear him that he is the man but besides this there is more in it that 's thus a pure innocent hand does set forth a clear unspotted heart that so the heart and hand put together might betoken Innocency And therefore hold up your hand that thereby you may declare you have a pure innocent heart if you refuse to do this you do wilfully deprive your self of the benefit of one of the main proceedings and customes of the Lawes of England Now for this do what you think fit M Lilburn Well then Sir applying himselfe to M. Keeble as the President of the Court I take your Explanation of it and lay hold of that Lord Keeble You must answer Positively Sir for you have had advice enough yea good advice if you imbrace it it is good advice to you but the Court doth not expect an answer from you to what hath been already said to you but they expect that without any more dispute you apply your selfe to answer according to that which you are advised unto do it if you will and if you will but answer to it so as hath been declared to you it shall suffice but so farre you must go to this as to declare whether you be the man or no before you go away and therefore dispute it no more lest you deprive your selfe of the benefit of the Law Leut. Col. Lilburn Well then Sir according to your own explanation I say my Name is John Lilburn sonne to M. Richard Lilburn of the County of Durham a Free-man of the City of London and sometimes Lieutenant Colonel in the Parliaments Army and if you will not believe that I am the man my Guardian the Lieutenant of the Tower there pointing to him will aver that I am Lord Keeble So then you are the man Judge Jarmen Ask him again hearken M. Lilburn hearken what he saies and use that moderation and temper and discretion that you have promised Lieut. Col. Lilburn One word more and I shall have done and that is by the law of England but being interrupted he cryed out with your favour Sir I will come to the main thing I hope you do not go about to Circumvent me therefore heare me I beseech you Lord Keebel Hear the Court M. Lilburn there shall be nothing of Circumvention or interruption but as you have professed to be a Rational and understanding man in words let your deeds so declare you Lieut. Col. Lilburn Sir I beseech you do not supprise me with puntilios or nicities which are hard things for me to lose my life upon I tell you again my Name is John Lilburn son to M. Richard Lilburn Lord Keeble Talk not of puntilios with us nor talk not of Iudges made by the lawes you shall not want law but if you talk of puntilios here in this room we will stop that language L. Col. Lil. Truely Sir I am upon my life and shall my ignorance of the formalities of the law in the practicke part thereof destroy me God forbid therefore give me but leave to speak for my life or else knock me on the head and murther me where I stand which is more righteous and just then to doe it by pretence of Justice Sir I know that Mr. Bradshaw himselfe President to the high Court of Justice as it was called gave Duke Hamilton a hostile enimy leave to speak to the punctilltos of the law yea and to my knowledg again and again made an engagement unto him and the rest tryed with him that the Court nor he would not by vertue of their ignorance of the meeties or formalities of the law take advantage against them to destroy them but did declare again and again that all advantages of formalities should be totally laid aside and not in the least made use of against them to their prejudice and I hope you will grant me that have often beene in Armes for you but never against you as much favour and priviledge as was granted to Duke Hamilton never of your party but a Generall of a numerous Army against you Lord Keble Take it as you will we have had patience with you and you must and shall have patience with us wee will passe over all that is by past but take heed by your surly crosnesse you give not advantage in the face of the Court to passe sentence against you without any further proceedings or proofe of your actions but what our own eyes see The ceremony is for your advantage more then you are aware of but if you confesse your selfe to be Mr. John Lilburn we have done as to that Judg Jarman Mr. Lilburn at the beginning you talked of moderation and that you would cary your selfe with rationality which methinks in your actions you fall short of for you have said that Mr. Atturney generall was a very unequall prosecutor of you because you say he was the creator * Mr. Lilburn here endeavoted to speak shew the Judge his mistake for he did not say that Mr. Prideaux was the creator of the commission but that hee was one of the creators of all the Judges thereby was judge of his Judges in that regard he was no compotent accuser or prosecutor but they would not suffer him to speak but cryed out hear the Court which thing also they frequently did afterwards of our Commission Pray heare me I heard you and do not you think to put affronts upon us undisserv'd And as for that man that you call M. Bradshaw I tell you again he is L. President of the Councell of State of the Common-wealth of England and why you should so much neglect him doth not so much savor of rationality and moderation as you pretend your selfe to bee possessed with Lord Keble Come will you read the Indictment Mr. Broughton reads Hold up your hand John Lilburn and hearken to your charge Thou standst indicted of high Treason by the name of John Lilburn late of London Gentleman for that thou as a false Traitor not having the fear of God before thy eyes but being stirred up and moved by the instigation of the Devill c. as it followeth verbatim in the second dayes proceedings to which the Reader is referred Mr. Broughton What saist thou John Lilburn art thou guilty of this Treason whereof thou standest indicted or not guilty L. Col. Lilb Gentlemen I require the favour that I may be heard and I shall desire nothing but that which may stand with reason and