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

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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 wh●● Lieutenant Colonell Lilburne did present a booke to M●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 th●e● 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 ●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 th●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 16●9 by Lieutenant Colonell JOHN LILB●RN to Mr. WILLIAM LENTHALL Speaker to the re●●●●●er of those few Knights C●●●z●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 ●e will not owne it 〈…〉 q●●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 h●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
proved abhortive it was never wrought For hee sayes it was taken before hee had perfected it and to my knowledge they had it in their possession so that it clearely appeares it was never perfectly wrought off and therefore the bookes were never perfected Therefore I hope that it will not be Treason in mee beeing a free man of ENGLAND to walke the streetes with my friend and to goe into a house with him where hee hath businesse to doe admit it bee a Printing house where hee intends to have a sheete of paper printed his affaires businesse or actions are nothing to mee neither are they now in the least laid unto my Charge And if they were as they are not yet that sheete miscarried and was taken before is was perfected so that truly Sir you may goe seeke the Printer of it for you see that miscarried that Captaine JONES delivered to the Printer in my company and that sheete which hee saith I had away was an uncorrected one which could serve mee for no other use but wast paper and cannot bee adjudged to be a true Copy of that which was contained in the Indictment neither doth hee or any other sweare that at the Printers they see or know where was done the Tule of that OVT-CRY contained in the Indictment So that for any thing the Jury knowes the first part of that Booke hath no dependance upon the sheete that was spoyled and not brought to maturity in Master Newcomes hand as he himselfe upon his Oath declares so that truly Sir in Law Mr. Newcomes Testimony proves nothing at all against me as to that book mentioned and contained in the Indictment and therefore you Gentlemen of the Jury my life is in your hands I beseech you take notice that in all his Testimony there was not one word that he declared to accuse me to be the Author of that Booke or that my name was to it for you shall finde the names of tenne that own it so that I think his Testimony is gone and is not worth a straw In the next place there were three Souldiers viz. John Tooke Thomas Lewis and John Skinner that sweares against mee the substance of all their Testimonies centers in one and John Tooke in the first place saith about seven weekes agoe he met with Lieutenant Colonell John Lilburne in Ivy-lane where Lewis knowing of him gave him a salute and they being glad to see him that he was well in health and the like out of friendship went to drink a cup of beere together at the Red Crosse in Newgate-market where he saw a Booke called the Apprentices Out-cry given unto Master Lewis and he heard these words uttered by Lieutenant Colonell Lilburne You souldiers are those that keepe us in slavery The second witnesse being Thomas Lewis saith That the 6. of December or September for so was his words he met me in Ivy-lane and tooke acquaintance of me asked me how I did and I thank'd him and hee further declares that hee was very much refresht to see me that I was well and in health and was glad to see that those things that were given out of me by common fame that I was killed or dead that they were not true therefore he being my old acquaintance as he saith we went to drinke a cup of beere together and sayes hee as hee remembers Lieu●●nant Colonell Lilburn asked him if he had seene a Booke called the Apprentices Out-crye and he said no he had not seene it but he had heard of it and was thinking to goe and buy one of them for that he longed to read it and heard it was publiquely sold and sayes 〈◊〉 Lieutenant Colonell Lilburn said he had one which was given him and if he● pleased hee would give it me which hee thankfully received and afterward● we staid a little time to drink a cup of be●●e and had some discourse but hee doth fixe no evill upon mee that fell from me in that discourse neither doth he say that I did stirre him up to mutiny or to make division in the Armie onely hee saith I told him that if hee went to such a man whose name hee hath forgot it is possible hee might buy some more of them for they were publiquely sold all over the City so that you Gentlemen of the Jury may take notice that hee declares the things by common same w●re publiquely sold and one of them hee ayes was given to me and I gave it to him Truly I hope the Jury hath more conscience in them th●n to goe about to take away my life for giving away a single sheete and an halfe of paper tha no man sweares In was the Author of or the causer of it to be Printed and Published B●t the most that can be fixed upon mee is that I had one of them given mee and I gave it to a Souldier my familiar friend who had a great desire to see it and was going to buy one of them being publique up and downe LONDON at that time which is all that hee doth charge upon mee onely hee sayes further that there was a little discourse but his Testimony doth not reach to accuse mee of any evill or malicious Counsell given them or any aggravations of spirit as though I did incense him of them against their Officers or fellow-souldiers thereby to stirre them up to mutiny and Rebellion For truely I have made it my werke for to be as sparing in my discourse as could be in the company of any belonging to the ARMIE yea and to shun comming nigh the place if I can avoid it where they are and hee saith I had no aggravating spirit within mee nor uttered any provocations to make them rise in mutiny against their Officers and there is none of them all that does in the least fixe that Booke upon mee to bee mine as the Author of it Only he saith further that upon his declaring hee longed to see the Booke that Lieutenant Colonell LILBVRNE told him that such a man whose name hee hath forgot might possibly sell them some of them if they had a mind to them or to get some of them and truely I dee not believe that Treason Further he sayes all the worst discourse I had with them was that I asked them a question which was when they had any pay and they told me they had not had any pay in 5. weekes and that was the worst of all there proceeded from me no aggravating expressions upon it or mutinous provocations but truely that this discourse should come within the compasse of Treason to ask my old acquaintance a question that had often times visited me when I was the Lords prisoner in the Tower or to drink a Cup of beer with him or give a sheet and a half of paper that was publickly sold Truly I hope there will be no righteous Jury in the world that will give a Judgement against me for Treason therefore no I hope for more righteous
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 w●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
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