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
THE TRIALL Of Lieut. Collonell JOHN LILBURNE By an extraordinary or special Commission of Oyear and Terminer at the Guild-Hall of LONDON the 24 25 26. of Octob. 1649. Being as exactly pen'd and taken in short hand as it was possible to be done in such a croud and noyes and transcribed with an indifferent and even hand both in reference to the Court and the Prisoner that so matter of Fact as it was there declared might truly come to publick view In which is contained all the Judges names and the names of the Grand Inquest and the names of the honest Jury of Life and Death Vnto which is annexed A necessary and essential Appendix very well worth the Readers carefull perusal If he desire rightly to understand the whole body of the Discourse and know the worth of that ner'e enough to be prised bulwork of English Freedom to be tried by a Jury of legall and good men of the Neighbour-hood Published by THEODORUS VARAX Esther 4. vers 13. and Isa 12. v. 2 3 4. Then Mordecai commanded to answer Esther Think not with thy self that thou shalt escape in the kings house more then all the Jews Behold God is my Salvation I will trust and not be afraid for the LORD JEHOVAH is my strength and my song he also is become my salvation Therefore with joy shall ye draw water out of the wells of salvation And in that day shall you say Praise the LORD call upon his Name declare his doings among the people make mention that his Name is exalted Printed by Hen. Hils in St. Thomas's Southwark THE TRYALL Of Leiut Colonell JOHN LILBVRNE At the Guild-Hall of London the 24 of Octob. 1649. being Wednesday THe Commissioners Names of the extraordinary Commission of Oyer and Terminer for the Tryall of Lieut. Col. John Lilburne thus followeth Thomas Andrews Lord Mayor Richard Keble L Commissioner Phylip Jermyn Justice of the upper Bench. Tho. Gates Baron John Puleston Justice of the Common Pleas. Francis Thorpe Barron Member Rob. Nicolas Member Justices of the upper Bench. Richard Aske Justices of the upper Bench. Peter Warburton Justice of the Common Pleas. Alexander Rigby Barron but absent Sir Thomas Fowler Sir Henry Holcroft Sir Will. Row Sir Richard Saltonstall Sir Richard Sprignall Sir John Wooliston Sir William Roberts John Green Sergeants at Law John Clarke Sergeants at Law John Parker Sergeants at Law William Steele Recorder John Fowke Aldermen Thomas Foote Aldermen John Kendrick Aldermen Thomas Cullum Aldermen Simon Edmonds Aldermen Samuell Avery Aldermen John Dethicke Aldermen Rob. Titchburn Aldermen John Hayes Aldermen Henry Proby Common Sargeant Thomas Brigandine Nathaniell Snape Edward Rich. Owen Roe Tobias Lisle Austin Wingfield Richard Downton Daniell Taylor William Wihend Silvanus Taylor At the Guild-Hall of London the 25. of October 1649. being Thursday at the Tryall of Lieut. Col. John Lilburne O Yes made All persons that were adjourned to the Court required to make their appearance The Lieutenant of the Tower of London Col. Francis West called to bring forth his prisoner according to the precept Whereupon Col. West Lieut. of the Tower brought up the prisoner out of the Irish Chamber where he had been some time before the sitting of the Court and was guarded by the said Lieutenant and a speciall Guard of Souldiers besides And being brought to the Barre the Sheriffs of London were directed to take the prisoner into their Custody Silence Commanded Cryer John Lilbnrne hold up thy hand Lieut. Col. Lilburne Directed himself to Mr. Keble one of the Keepers of the great Seal as the President of the Court and said to this purpose Sir will it please you to hear me and if so By your favour thus All the priviledge for my part that I shall crave this day at your hands is no more but that which is properly and singly the Liberty of every Free-borne Englishman viz. The benifit of the Lawes and Liberties thereof which by my Birth-right and Inheritance is due unto me the which I have fought for as well as others have done with a single and upright heart and if I cannot have and injoy this I shall leave this Testimony behind me that I dyed for the Lawes and Liberties of this Nation and upon this score I stand and if I perish I perish And if the fact that I have done cannot be justified by the Law of England let me perish I mention none of this for the gaining of mercy or by way of merit no I scotne it for mercy I crave from none but from the hands of my God alone with whom I hope and am assured one day to rest whom I have set before my eyes and so walked as believing I am alwaies in his presence in whose power my confidence is fixed whom I take and own to be my stay my stafe my strength and support and in whom I rest as the life of my life and whom I hope to meet with joy when this fading and uncertaine life shall have an end to live with him in glory and blessednesse for evermore And therefore because I would not willingly trouble you with many words to cause you to spend your time impertinently therefore Sir in reference to the Court I shall crave but so much liberty from you as was given to Paul when he pleaded for his life before the Heathen Roman Judges which was free liberty of speech to speak for himself the which I now humbly crave as my right not onely by the Law of God and man but also by the Law light of Nature And I shall do it with that respect reason and judgement that doth become a man that knows what it is to plead for his life I hope God hath given me ability to be master of my own passion and indowed me with that reason that will dictate unto me what is for my own good and benefit I have severall times been arraigned for my life already I was once arraigned before the House of Peers for sticking close to the Liberties and Priviledges of this Nation and those that stood for them being one of those two or three men that first drew their Swords in Westminster-Hall against Col. Lunsford and some scores of his associates At that time it was supposed they intended to cut the throats of the chiefest men then sitting in the House of Commons I say for this and other things of the like nature I was arraigned by the Kings speciall Command and Order the 1. of May 1641. I mention it to this end that when I came before the House of Peers where was about three or fourescore Lords then sitting at the beginning of the Parliament who then were supposed the most arbitrary of any power in England yet I had from them free liberty of speech to speak for my life at their Barr without check or controll in the best manner all those abilities God had given me would inable me and when I was at Oxford I was again arraigned
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
of the danger of the man they may do it before ever they see him The next thing you are upon is the wrong and injustice that you received by the proceedings in the Star-chamber against you you see the proceedings there have been questioned and you justified if there be any thing else that hath been by others in the North or elsewhere acted there is no man here that will justifie them in their evil but for a private man as you are to tell us of them here and to come and tell us to our faces that we are Created and constituted by the Atturny General we will not suffer it nor further hear of it and therefore M. Lilburn although you have spoken fair words and happily more then your friends expected from you I must tell you that words are but words and it were well that you would do as well and as Rationally as becomes a Rational man as you have declared you will Lieut Col. Lilburn With your favour but one word more Judge Jerman M. Lilburn pray spare a word and hear the Court this Court sits here by lawful Authority and that is from the Parliament that are the Supreme Authority of England so that our Power is not derived from those that have no Rightful Authority to constitute us but our Power is from the Publick Authority of England which is now by an Admirable act of Gods providence lately but truly revived and settled by God upon them By that Authority this Court doth now sit and you are brought here before them that are most of us Judges of the Law and we are sworn to do you and every man justice and right according as his cause requires according to Law Judgement equity and reason And it was said truly that which my brother Heath who now is dead did say It s the the duty of the Judges to be of Councel with the Prisoner at the Bar before him and to do that which they are sworn to do and that you shall have and accordingly you have received more favour then ever I heard of a Prisoner that was accused of Treason in my life ever had And as for the Commission I must tell you it is usual to have Commissions of Oyer and Terminer and that even in Terme time for high offences and such as tend to the destruction of the Nation as Overburies did and those that tend to Capital Treason whereof you are now accused by a Grand-jury of London that are Free-men of London Citizens able men men of Religion men of Estate men of Conscience men of quality these are your accusers who have found you upon their Oaths guilty of Treason and cry out to us the Judges for justice against you and it is they not we that proceeds against you And as for our Commission it is according to the good old Laws of the Land founded upon the Statute made in Edward the firsts time called Westminster the second That Statute Authorizeth Commissions according to that Commission we sit by here this day and Edward the first was a wise and a good Prince and consented to the People to let them have such Commissions as ours we sit by is which the People had fought stoutly for in the Barrons wars in his Fathers time and also in his for he himselfe was taken Prisoner at Lewes in the County of Sussex and being a wise Prince he knew that the love of the people was not more to be got then by wholsome and safe lawes that every mans life and every mans estate and every mans liberty might be preserved by and not be subject to any Arbitrary Will or Power but that the sober and discreet and wise Lawes of the Kingdome which our Ancestors won by their swords might be their protectors a speciall one of which was this Statute of Westminster the second made in Edward the Firsts time by vertue of which Statute is this Commission directed to the Justices of the one Bench and the other and they be all here this day but onely those that of necessity must attend at Westminster onely to preserve the Terme Nou you are come to answer to that Charge which hath been the greatest opposition to the settlement of Government that can be I mean the settlement of the Supreme Authority of the Nation in the Commons now assembled in Parliament not newly erected but revived into the right place and hands for it is the Law of England revived that the Supreme Authority is in the * But by his favour never before practised nor used without both King and Lords a president of which he is desired to shew and produce out of any of his Law Books Commons assembled in the Parliament of England For so it was in the Saxons time and in the Romans time and in all times * But there was before the Conquest neither Innes of Court Lawyers nor Term Iudges in England but onely twelve good and legal men chosen in each Hundred finally to decide all controversies which lasted till William the Conqueror subdued that excellent Constitution and instead thereof introduced by His Will and Sword contrary to His Solemn Oath three several times taken the intolerable bondage of Westminster Hall or Term Judges and their Outlandish or Norman Law Practise in the French Tongue as all the English Chronicles universally and truly declare it hath bin as it is now which will sufficiently justifie our present Proceedings against you and therefore I say for the Commission it self it is in general for the Tryal of all Treasons what-soever But the grand Inquest have found out no other Traytor that they may accuse but Master John Lilburn who is now here at the Bar But it is not a bare accusation but it is the solemne Verdict of almost a double Iury that hath appeared upon the Roll and upon their Oaths do conceive those crimes of Treason that are laid against you to be of so dangerous consequence against the State and Common-Wealth that they do call for Iustice against you as a Traytor already found guilty And therefore I do require you as you are an Englishman and a rational man that you do conform your self and tell us plainly what you will do as in reference to the putting your self upon your Tryal by the Law and hear with Patience those Offences of Treason that are laid to your Charge Lieut. Col. Lilburn May it please you Sir by your favor I shall not now trouble you with many words Lord Keeble You go improperly to work Lieut. Colonel Lilburne That Gentleman I do not know his Name pointing to Judge Iarmen you were pleased to say that I have had more Favour then ever you have heard of any before ever had in the like case But Sir by your Favour I shall tell you of some that in the like case have had as much if not more and that was Throgmorton in Queen Maries time who was impeached of higher Treason than now I am
also the Government thereof to subvert now established without King or house of Lords in the way of a Common-wealth and a free-state and happily Established and the Commons in Parliament assembled being the supreame authority of this Nation of England to disgrace and into a hatred base esteeme infamy and scandall with all the good true and honest persons of England to bring into hatred That is to say that thou the said John Lilburn one the first day of October in the year of our Lord 1649. and in diverse other daies and times both before and after in the parish of Mary the Arches in the ward of Cheap London aforesaid of thy wicked and devilish mind and imagination falsely malitiously advisedly and trayterously as a false Traytor by writing and imprinting and openly declaring that is to say by a certain scandalous poysonous and traiterous writing in paper intituled A salva libertate and hy another scandalous poysonous and trayterous Book intituled An impeachment of high treason against Oliver Cromwell and his son in law Henry Ireton Esquires late members of the late forcibly desolved House of Commous presented to publike view by Lieutenant Colonell John LiIburn close prisoner in the Tower of London for his reall true and zealous affections to the liberties of this Nation and by another scandalous poysonous and traiterous Book imprinted and intituled An out-cry of the young men and apprentices of London or an inquisition after the lost fundamentall laws and liberties of England directed August 29. 1649. in an Epistle to the private soldiers of the Army especially all those that signed the sulemn Engagement at Newmarket-heath the fifth of Iune 1647. but more especially the private Soldiers of the Generals Regiment of Horse that healped to plunder and destroy the honest and true hearted Englishmen traiterously defeted at Burford the fifteenth of May 1649. and also by another scandalous poysonous and traiterous Book intituled The legall fundamentall liberties of the people of England revised asserted and vindicated did publish that the Government aforesaid is tyrannicall usurped and unlawfull and that the Commons Assembled in Parliament are not the supreme Authority of this Nation and further that thou the said John Lilburn as a false Traitor God before thine eies not having but being moved and led by the instigation of the Devil endeavouring and maliciously intending the Government aforesaid as is aforesaid well and happily established thou the said John Lilburn afterwards that is to say the the aforesaid first day of October * Note that Mr. Lilburn was imprisoned by the Counsel of State as a Traytor the twenty eight of March 1649. and they there came and after arraign him as a Traytor for actions done above five months after waving all the pretended crimes for which they first imprisoned him in the year of our Lord 1649. aforesaid and diverse other daies and times as well before as after at London aforesaid that is to say in the parish and ward aforesaid London aforesaid maliciously advisedly and traiterously didst plot contrive and endeavour to stir up and to raise force against the aforesaid Government and for the subverting and alteration of the said Government and to doe those wicked malitious and trayterous advisement to put in execution c. and thou the said Jo. Lilburn afterwards that is to say the aforesaid first day of October in the year of our Lord 1649. aforesaid and divers daies and times as well before as after at London aforesaid that is to say in the parish and ward aforesaid of thy depraved mind and most wicked imagination in and by the aforesaid scandalous poysonous and trayterous Book intituled An Impeachment of high Treason against Oliver Cromwell and his son in law Henry Ireton Esquires late members of the late forcibly dissolved House of Commons presented to puhlike view by Lieutenant Colonell Iohn Lilburn close prisoner in the Tower of London for his reall true and zealous affection to the liberties of his native Country falsely malitiously advisedly and trayterously didst publickly declare amongst other things in the said Book those false scandalous malitious and trayterous words following but my true friends meaning the friends of the said Iohn Lilburn I meaning the foresaid Iohn Lilburn shall here take upon * This passage you may read in that Book page 5. me the holdnesse considering the great distractions of the present times to give a little further advice to our friends aforesaid from whose company or society or from some of them hath been begun and issued out the most transcendent clear rationall and just things for the peoples liberties and freedomes That the foresaid John Lilburn had seen or read in this Nation as your notable and excellent Petition of May the 20th 1647. burnt by the hands of the common-hangman recorded in my Book called Rash Oaths unwarrantable page 29 30 31 32 33 34 35. with divers petitions of that nature and the Petition of the 19th of January 1648. recorded in the following discourse page 45 46 47 48. and the Masculine Petition of the eleventh of September 1648. so much owned by Petitions out of severall Counties yea and by the Officers of the Armies large Remonstrance from Saint Albones the sixteenth of November 1648. page 67 68 69. the substance of all which I thou the foresaid Iohn Lilburn meaning conceive is contained in the printed sheet of paper signed by my fellow prisoners Mr William Walwin M. Richard Overton and M. Thomas Prince and my selfe dated the first of May 1649. and intituled the Agreement of the free People of England which false scandalous and traiterous Book called the Agreement of the people of England tends to the alteration and subversion of the Government aforesaid the principles of the foresaid Agreement I meaning your selfe the said John Lilburn hope and desire you the friends of the foresaid John Lilburn meaning will make the finall centre and unwavering standard of all your desires hazzards and endeavours as to the future settlement of the Peace and Government of this distressed wasted and divided Nation the firm establishing of the principles therein contained being that only which will really and in good earnest marry and knit that interest what ever it be that dwels upon them unto the distressed or oppressed Commons of this Nation But the principles of the foresaid Agreement being so detestable and abominable to the present * These lines are in pag. 7. ruling men as that which they know will put a full end to their tyranny and usurpation and really ease and free the People from oppression and bondage that it is somthing dangerous to those that goe about the promotion of it yet I shall advise and exhort you meaning the friends of him the aforesaid John Lilburn vigorously to lay all fear aside and to set on foot the promotion of it meaning the said Agreement in the same method we took for the promotion of the foresaid Petition of the ninth of
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
Out-Cry of the young men and Apprentices of London directed to all the privat Souldiers of the Army c. a third A preparative to an Hue and Cry after Sir Arthur Haslerigg and a fourth The legall fundamentall liberties of the people of England revived that he did in these bookes publish that the said Governement is tyrannicall usurped and unlawfull and that the Commons in Parliament assembled are not the Supream authority of this Nation he stands further indicted that he as a false Traytor did maliciously advisedly and trayterously plot and contrive to raise force against the present Government and for the subversion and alteration of it and for the fulfilling of his most malicious and trayterous designes he did in and by the said trayterous Books falsly maliciously and advisedly utter and declare severall most false and scandalous malicious and trayterous words and writings that in the Indictment are particularly named and expressed And thirdly that as a Traytor not being an Officer nor a Souldier or a member of the Army under the Command of the now Lord Generall Fairfax he did most maliciously and trayterously endeavour to withdraw certaine Souldiers of that Army from their obedience to their superiour Officers which are particularly named in the Indictment and that for the full accomplishment of his contrivances and endeavours he did maliciously advisedly and trayterously publish and deliver the poysonous booke called An Impeachment and in particular directed by the Title of the booke to all the people of England being for that end published by him to publick view in which Book are contained most false and scandalous malicious mutinous and traiterous expressions as in the Indictment are set forth And further that in the said book which he called An Impeachment that the present Government is tirannicall and usurped and that the Commons of England in Parliament assembled are not the Supream Authority And he further stands indicted and the Jury further finds and presents that all these and other expressions written by him and published by him in written Papers and printed books he hath falsly maliciously and trayterously stirred up strife on purpose and to the intent to stir up and raise force against the present Government setled in the way of a Common-wealth and free State without King and Lords on purpose it to subvert and destroy And further he hath also most trayterously endeavoured to withdraw the privat Souldiers from their obedience and subjection to their superiour Officers and all this in manifest contempt of the Lawes of this Common-wealth in that behalf made and provided and to the hazzard of the overthrow and utter subversion of the said Government To this Indictment the Gentleman hath pleaded not guilty and hath put himself upon his Conntry and if we can prove this against his Plea it is at an issue L. Col. Lilb I deny that Sir I never pleaded any such single Plea as not Guilty and you Gentlemen of the Jury I beseech you take notice be extreamly wrongs me in saying so for my Plea was a conditionall Plea as a Plea at large Mr. Atturney My Lord and you Gentlemen of the Jury You have heard the Indictment read unto you and you have heard it opened unto you and you have heard what Mr. Lilburne saies that he did not plead not Guilty and I hope he is ashamed of his Plea now he heares the Indictment opened unto him My Lord in this Indictment there is contained these severall Grand Treasons The first is that he hath advisedly traiterously and maliciously published that the Government that is now established by way of a free State or Common-wealth without either King or house of Lords is tirannic all usurped and unlawfull and further that the present Parliament now assembled arr not the Supreame authority of the Nation The second is this that he hath plotted contrived and endeavoured to stirre up and raise forces against the present Government and for the subversion and alteration of the same The third is this that relates to the Army you have heard what his expressions have been and they have been read unto you concerning them and the rest that he not being an Officer or Souldier or member of the present Army hath offered to stir up mutiny in the Army and to withdraw the Souldiers from their obedience and subjection to their superiour Officer and thereby to stir them up to mutiny and discontent These are the maine parts and substance of what I intend to Charge him with in the evidence to prove that which was contained in the Indictment My Lord you have heard in what hath been read out of the Indictment what expressions they are those that are traiterous to the publicke and have been so declared so judged so executed these are here Mr Lilburns engaged true friends the Parliament the Government the Authority of both Parliament and Army they are Tyrants Vsurpers Mercenaries Janisaries Murderers Traytors standing by their own power and swords and ever-ruling all by their Wills these are the expressions that he hath used My Lords I shall not trouble you with any thing of agravation for my Lords I do conceive that the reading of the Bookes themselves aggravates every thing against him and I thinke there is no English man as Mr. Lilburn so often stiles himself to be will own such words or acts as these are And truly my Lord if I had read the Books and not known the person I should not have thought he had been either a Christian or a Gentleman or a Civill man to have given such base and bitter language but my Lords and you of the Jury I stall hold you no longer the evidence being so plaine and the matter so foule that it will not admit ouer much stand in need of any dispute and to make it plaine and cleere to your judgements and Consciences there is Witnesses in the Court evidently to prove every thing that will stand in need to be proved for the Indictment My Lords the words are maliciously advisedly and traiterously I shall not catch at words but as himself sayes what he prints is of mature and deliberate consideration and such are his books in print that himself hath either printed or caused to be published The first that he is Charged withall is that which is called An Out-Cry it hath a very dangerous Title and in the Direction especially to the Souldiers of the Army but especially to the privat Souldiers of the Generalls Regiment of horse that helped to plunder the true hearted English men traiterously defeated at Burford so that the Rebels at Burford were Mr. Lilburns deare friends My Lord it hath not only a dangerous Title but was published at a dangerous time yea and for a dangerous end which was to stir up the great mutiny that was in the City of Oxford My Lord for the proof of this we shall offer this That Mr. Lilburn himself was Capt. Iones associate in the publishing that Booke For Mr.
no manner of satisfying answer but slights abuses and scornes But besides this Gentlemen that you may see that I am rationall and that you may see I have an innocent and quiet Conscience within me that does not accuse me nor rerrifie me therefore I must acquaint you that I again and again proffered my chiefest Adversaries and sent often to them being earnestly desitous to chuse two Members of the House of Commons and let them chuse two more whom they pleased and I would withall my heart freely refer all manner of difference betwixt them and me to the finall determination and judgement of four of their fellow Members but all this would do no good and yet they would not in the least let me understand what was the thing they desired of me but by their Power and Will I had my pockets and Chamber searched to find out advantages against me and also lock'd up close Prisoner with Centinells night and day set at my door and denyed the accesse and sight of my Wife and Children for some certain time and for about twenty weeks together in the heat of summer kept close Prisoner and denyed the liberty of the Prison and my estate with a strong hand taken away from me without any pretence or due process of Law to the value of almost three thousand pounds that was Legally and justly invested in me and in my possession but being I will avoid at this time especially provocations as much as I can I will name no person by whose Power and Will it hath been done although he be notoriously known but the Gentleman that took it away by his pleasure without all rules of Law or justice told my Father to this purpose that I was a Traitor and under the Parliaments displeasure and therefore he would secure it from me although I were not in the least convicted of any crime neither in Law then or for many months after had I the least pretence of crime laid unto my charge And although my own estate by force against Law was taken from me yet was I also denyed in my close imprisonment that Legall allowance that should have kept me alive for in all this miserable condition I never yet received a penny of my Legall allowance but was positively denyed that restimony and Legall Right that the late King constantly allowed to all the Members of the Parliament that were committed in the third of his Reign and severall other times unto whom for their diet he allowed three four and five pounds a week according to their quality although they had great and large estates peaceably in their possession And one of them that is now beyond the Seas a Colonell I have forgot his name but it was Colonell Long confessed in the Lieutenant of the Tower's own Chamber the last year that the King was so bountifull to him and the rest of his fellow Prisoners that he let them injoy the allowance of about four or five pounds a week for diet and that while he was Prisoner in the Tower he spent the King about 1500l for his own particular self in provision but notwithstanding I was denyed all this and to fill up the height of the insufferable provocations put upon me abundance of my own and ancient acquaintance were set upon me to callumniate bespatter and reproach me yea and to indeavour to become instruments to take away my life some of them confessing they were underhand set on by some Parliament men all whose base and wicked petitions papers and books preferred and published against me were hugged and imbraced althongh for my own part I do not know of any man in this world that can justly tax me with any action or maintaining any principles or tenents but what doth becom a man that doth believe all that is contained in the Law and the Gospel and does believe the Resurrection of the dead and life Erernal nay that does believe that I my selfe shall arise and go to the Lord of Glory Yet notwithstanding all these unparaleld provocations put upon me especially by divers of my old acquaintance whom I had upon all occasions faithfully served but never wronged injured nor provoked being instigated as they themselves confesse in some of their owne Congregations by Parliament men so to do Truly sirs I appeal to your own judgements and to your Consciences and to all the people that hear me this day whether all these provocations laid upon a poor man which is but dust and ashes as well as other men be not too insupportable a burden and too much for the causers of them to take advantage of the fruits produced by them to destroy me and take away my life And therefore Sir in the first place I shall humbly crave that favour and right seeing I am brought before you by a piece of parchment that truly I could not read neither could he do it that shwed it me I mean the Lieutenant of the Tower for admit that if I did well understand Latine as indeed I do not onely some ordinary words yet was it in such an unusual strange hand that I could not read it and therefore being I am brought before you implicitly and not as I conceive an Englishman ought to be who ought to see and read the Authority by vertue of which he is convened before any power It s true I know some of you Gentlemen that I see sit before me yet not many of you and truly I have nothing but a piece of un-legeable Parchment which cannot satisfie my understanding of the Legalnesse of my convention before you but being I am not able to dispute that Power that compulsively brought me but here I am and therefore in order to the declaring of my self to be a true Englishman I most humbly crave and that I think is consonant to reason and I hope to Law too that I may see and hear read the Commission by vertue of which you sit here this day and convene my Person before you that so I may compare it to the Law and consider whether or no that by my pleading before you by vertue of it I do not betray my liberties and rherefore I humbly crave that you would let me hear your Commission read for this Court is no ordinary and common Assizes Sessions or Goal-delivery the onely proper Courts for trying me for all criminal faults yea and those also ought to sit where the Crimes are committed and I was imprisoned for a pretended Crime pretended to be committed in the County of Surry where by the common Law of England and expresse Statutes I ought to be tryed therefore and no where else And therefore being brought in an extraordinary manner to such an extraordinary place as this which is no ordinary Assizes nor Sessions no nor yet in mine own County therefore I again humbly desire that you will be pleased to let me see and hear your extraordinary Commission that so I may consider whether the extent
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
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
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
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
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.
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