Selected quad for the lemma: authority_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
authority_n	king_n	law_n	legal_a	2,470	5	10.2354	5	false

Text snippets containing the quad

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

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

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

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

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.

hath it again Clerk Page 3. Peruse carefully I entreate you the quotations in the 6. and 8. pages of my formentioned Impeachment of High Treason against Cromwell At. also the 12. and 15. pages of the second Edition of my forementioned Booke dated the eighth of June 1649 Intituled The legall fundamentall liberties c. Mr. Atturney Read the 〈◊〉 in the body of the booke Clerk Page 4. At which Tryall by strength of arguments I forced the Judges openly to confesse that Generalls were nothing in Law see also the second Edition of my booke of the eighth of June 1649 Intituled The legall fundamentall liberties of the people of England revived asserted and vindicated page 49. L. Col. Lilb Let him speake whether it be 29. or 49. Clerk Forty nine but there is not so many pages in the booke Mr. Atturny My Lord here is a Salva Libertate which is his owne Booke though he will not owne it My Lord I had thought the great Champion of England for the peoples liberties would never have beene so unworthy as not to have owned his owne hand but read in the 24. page of the Salva in his owne written hand Clerk Page 24. I have by almost 8. years dear-bought experience found the interest of some of my forementioned Judges to be too strong for mee to grapple with and the onely † This was brought in by head and shoulders cause to my apprehension that all this while keepe me from my owne and in the Margent he saith see also the second Edition of my forementioned booke intituled The legal fundamental liberties of England revived c. Mr. Aturny Now my Lord there is the Salva Libertate that was given from his owne hand that ownes it I meane this Booke called The legall fundamentall liberties c. Mr. Aturney Read the Title of it Clerk A Salva Libertate sent to Colonell Francis West Lieutenant of the Tower of LONDON on Friday the fourteenth of Septemb. 1649. by Lieut. Col. John Lilburn Mr. Prideaux Read where it is marked Clerk But if you would produce unto me a written Warrant which hath some more face of legall Magistracy in it then verball command● and according to my right and priviledge let mee read it I would goe with you either by land or water as you please because I was in no capacity to resist you although I then told you I judged a paper-Warrant although in words never so formall comming from any pretended power or Authority in England now visible to be altogether illegall because the intruding Generall Fairfax and his Forces had broke and anihilated all the formall and legall Magistracy of England yea the very Parliament it selfe and by his Will and Sword absolute Conquerour like had most tyrannically exected set up and imposed upon the free people of this Nation a Juncto or mock power sitting at Westminster whom hee and his Associates call a Parliament who like so many armed Thieves and Robbers upon the high way assume a power by their owne will most traiterously to doe what they like Mr. Atturny That 's not the place look towards the latter end Clerk Then here it is sure I cannot chuse but acquaint you that I have long since drawne and published my plea against the present power in my second Edition of my Booke of the 8. of June 1649. intituled The legall fundamentall liberties of the people of England revived asserted and vindicated which you may in an especiall manner read in the 43 44 45. to the 49. page which by the strength of the Lord God omnipotent my large experienced helpe in time of need I will seale with the last drop of my blood Mr. Aturny My Lord for the Book called the legall fundamentall liberties of England his name is to the Booke but I shall not put much weight upon that but in others of his books as in his Preparative to an Hue and Cry which he owns and which is proved he owns by 3 witnesses In severall places of that book he owns this as his book viz. The legal fundamental liberties of Engl. revived c. He calls it mine and his ferementioned booke and in his Salva Libertate he owns it again gives it the very date and the very Title that is in this Booke my Lords we have done with this My Lords now I shall goe on to make use of it and to shew my Lord out of these books his words and language to make good the Charge that hath been read in the indictment against Mr. Lilburne My Lords if you please for that I shall begin first in reading to the Jury the very Act it selfe which makes the fact to be Treason My Lord for that here is the Act that doth declare the Common wealth for the future to become hereafter a free State and the other declaring that fact to be Treason that shall say it is tyrannicall or unlawfull these are generall Acts which need not be proved but if the prisoner does desire it we shall prove it Clerk Die Lunae 14. of May 1649. Ordered by the Commons assembled in Parliament L. C. Lilb Hold Sir prove your Act first whether it be an Act of Parliament Mr. Atturney My Lords I shall not struggle with Mr. Lilubrn in plaine termes but I thought when Acts were published the Courts of Justice were bound in duty to take notice of them but if it be so he will have it proved we will although it be but a slender cavill for this is one of the published copies L. Col. Lilb But under your favour Mr. Prideaux as there may be counterfeit money which wee see there is every day so there may be counterfeit Statutes too and this may be one for any thing I know therefore I desire it may be proved to be a true Statute or Act of Parliament Mr. Nutleigh This is a true copy of the Act of Parliament which I examined with the Record L. Col. Lilb The record where is that to be found Mr. Nutleigh At Westminster with the Clerk of the Parl. L. Col. Lil. Is this Gentleman able to depose it to be a 〈◊〉 Law in all the parts of it for by the Lawes of England the people are not to take any notice of Acts made but by a Parliament neither are they to take notice of those Acts that are not proclaimed Sir I beseech you let me know where the Record and Rolls are and where he examined this and whether he is able to sweare whether they have been proclaimed in every Hundred and Market-towne according to the old and not yet repealed law of England Lo. Keble At Westminster he tels you L. Col. Lilb I beseech you where at Westminster Lord Keble The Clerks of the Parliament are known to the City of London here you know it well enough L. Col. Lillb That is no answer to my questions I pray let me have fair play for it is a question to me whether the bookes of the Clerk of the

House of Commons be a † And w●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 b●● 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 i● 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 d●●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 off●●●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 ●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

broke and annihilated all the formal and legal Magistracy of England yea the very Parliament it self and by his will and sword absolute Conqueror-like had most Tyrannycally erected and set up and imposed upon the free people of this Nation a Iuncto or mock-Power sitting at Westminster whom he and his Associates call a Parliament who like so many Armed Theeves and Robbers upon the High-way assume a Power by their own wills most traterously to do what they like yea and to fill the land with their mock or pretended Magistrates amongst the number of which is the pretended Aturney General in perfect opposition of whom to the utmost of my might Power and Strength I am resolved by Gods graious assistance to spend my Bloud and all that in this World is dear unto me supposing him not really and substantially worthy the name of an English free-man that in some measure in this particular is not of my mind M. Atturney My Lord in the case of this Charge what M. Lilburn is pleased to say concerning me I shall say no more but onely this I shall not do so by him I shall not spend my bloud against him you see what he saith that the present Government is Tyrannical usuped and unlawful that the Commons of England in Parliament assembled are not the Supreme Authority but a Iuncto a mock-Power a mock-Parliament a company of Traytors that rule meerly by the dictates of their own will I could alledge more of his books unto you which have words in them very notorious and very publique he doth in expresse words say that the Government is Arbitrary Tyrannical and a new erected ruining inflaving robbing Government To style them Tyrants Vsurpers Traytors paralel to none but Murtherers Robbers Theeves no Parliament at all but Thomas Prides Iuncto and Scool-boyes destroyers of the lawes and and libertyes of the Nation the present Iuncto Chimaeraes fooleries and the like all these expressions and many more which I am sorry I have occasion to repeat to you that so much dirt should be throwne into the face of any Magistrates of England My Lords these are now the best which do rule My Lords I hope you and the Gentlemen of the Iury will take notice of it as to be very clear pregnant evident proof that M. Lilburn hath thus published and thus faid and besides this you see what he does go too he denyes all Magistracy * That 's false he doth no such thing but at most saith the Army hath destroyed all the legal Magistracy of the Nation they are the men that thereby are the real levellers and rooters so that now we are all alike a Chaos a confusion and this he hath brought us too or would have endeavoured it My Lords I shall not aggravate and if I did say no more it were enough but I come to the second general head of the Charge which is That he hath plotted and contrived to levy or raise Forces to subvert and overthrow the present established Government in the way of a free State or Common-wealth My Lords if I should say nothing more to the Jury this that hath been already read is evident proof of that for certainly those that shall say that the Governours be Tyrants that the Parliament is Trannical that they are men of bloud destroyers of lawes and liberties this cannot be of any other use but to raise force against them for subverting and destroying of them as he himselfe saith as so many Wesels or Pole-cats * In calling Tyrants Wesels and Polecats he hath said no more but what he hath learned out of Saint Iohns owne Argument of law against the Earl of Straford at which you have no cause to be angry because they are the words of one of your own brother lawyers especially if you consider to whom these words were declared to the Army in General especially to the Generals Regiment of Horse that helped to plunder and destroy M. Lilburns true Friends defeaetd at Burford and some of which were most justly as Traytors executed My Lords if I would say nothing more to the Jury but this there is full and pregnant proof already but yet my lord further to shew the malice of M. Lilburns heart and that he did intend to raise Force to incite and invite them to help him to subvert and destroy the Parliament and for the proof of this read the fifth page of his impeachment of high Treason against Oliver Cromwel Clerk reads page 5 † But my true friends I shall here take upon me the boldnes in regard of the great destractions of the present times to give a little further advice to you from whose company or society or from some of them hath begun issued out the most transcendent clear rational and just things for the peoples liberties and freedomes that I have seen or read in this Nation as your notable Petition of May 20. 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 other Petitions of that nature and the Petition of the nineteenth of Ian. 1647. recorded in the following discourse page 45 46 47 48 c. and the Masculine Petition of the eleventh of September 1648. so much owned by Petitions out of several Countyes yea and by the Officers of the Armyes large Remonstrance from Saint Albans of the sixteenth of of November 1648. page 67 68 69. The substance of all which I conceive is contained in the Printed sheet of paper signed by my fellow Prisoners M. William Walwyn M. Thomas Prince and M. Richard Overton and my selfe dated the 1 of May 1649. and intituled An agreement of the Free people of England c. The principles of which I hope and desire you will make the final Centre and unwavering standard of al your desires hazards indeavours as to the future settlement of the Peace and Government of this distracted wasted and divided Nation the firme establishing of the Principles therein contained being that onely which will really and in good earnest marry and knit that interest what ever it be that dwels upon them unto the distressed and oppressed Commons or people of this Nation yea the setling of which principles is that that will thereby make it evidient and apparent unto all understanding people in the World that the real and hearty good and welfare of this Nation hath Cordially and in good earnest been that that their soules have hunted for and thirsted after in all the late bloudy civil Wars and contests all the contests of the Kings party for his will and Prerogative being meerly selfish and so none of the peoples interest and the contest of the Presbyterians for their make-bate dividing hypocrytical Covenant no better in the least and the present contest of the present dissembling interest of Independants for the peoples libertyes in general read the following discourse page 27 28 29. meerly

Martin his Discharge was procured a Copy of which thus followeth Whereas Lieutenant Colonell John Lilburne hath been Committed Prisoner to the Tower upon Suspition of high Treason in Order to his Tryall at Law which Tryall hee hath received and is thereby * * The Jury justified in their Verdict by the Councell of State aquitted These are therefore to will and require you upon sight hereof to discharge and set at liberty the said Lieutenant Colonell John Lilburn from his imprisonment for which this shall bee your sufficient warrant Given at the Councell of State at White-Hall this 8. day of November 1649. Signed in the name and by the Order of the Councell of State appointed by Authority of Parliament JOHN BRADSHAW President To the Lievtenant of the Tower of London or to his Deputy An Appendix annexed by the Publisher JUdicious Reader I have been as upright and indifferent in writing and transcribing of the foresaid discourse as possibly I could without maliciously designedly or wilfully wronging either the Court or Mr. Lilburne the Prisoner as possibly a man could be at least in my apprehension and if any thing be amisse the second Edition may peradventure mend it if more exacter Copies can be got then I was necessitated to go by many more notable observations in the eye of Law and Reason by way of marginall notes might have been made then are but time streightned me much and feare of giving too much distaste which might much prejudice the Printers and Book-sellers in vending of the Copies and also I do desire all honest men that have any interest amongst the able and knowing Lawyers of this Nation by what name of distinction soever they are distinguished that they would improve their interest in them to get them to write their observations and opinions in Law of the legality or illegality of every particular of the whole proceedings of the Judges with Mr. Lilburne that so when he hath been ignorant of his right by Law the next that comes after him may be helpt by their information there is come unto my hands in print two Copies of two of his own Letters sent abroad a little before his Tryall as also a Petition of divers of his friends and two Copies of his Wives and his Brothers Petitions which have divers rationall remarkable and faire Propositions in them within their Orders according to the day of their dates I thought good here to insert for that end that he and his friends abroad may see the height of that malice that was intended towards him and so the more be engaged to blesse God for his miraculous deliverance from the jawes of death and the hands of ●●uel and mercilesse men who by the rejecting of all his and his friends faire proffers very much consirme me in the belief of that common report that he was judged and condemned before he was tryed or heard and that the next morning after his Iuries saving of him should have been the time for hanging drawing and quartering him as a Traytor in order unto which my Belief t●lls me was Major Gen. Skippons fetching three fresh Companies of mercinary Souldiers after the peoples first ●●m who were to guard him to Newgate in case he had been condemned which his Judges never doubted the Jaylor whereof was sent for by Col. Whaley c. to come and take charge of the prisoner and he accordingly came into the Court and stood by the prisoner being ready to receive him in case the honest true-hearted English Jury had brought him in guilty But now to the things themselves the first of which thus followeth The innocent Mans first Proffer OR The Proposition of Lieut. Col. John Lilburn Prerogative-prisoner in the Tower of London made unto his present Adversaries and to the whole Nation of England Octob. 20. 1649. For William Hevenningham Esq of Hevenningham in Suffolk these present Honoured Sir HAving sometimes the opportunity to discourse with you there appeared that in you unto me that gives me incouragement to pick you out above all men that now remain sitting in your house to write a few lines unto in as moderate a way as my condition and provocations will permit me I have now within very few days bin 7. moneths a prisoner the legallity or illegallity of which I shall not now discourse having already of late said so much in my own Defence * See my Salva Libertate sent to the Lieutenant of the Tower in Septemb. last and my Discourse with Mr. Prideaux intituled Strength out of Weakness grounded upon the Law your own Declarations and the Armies which with other things it seems hath occasioned your house to pass a special Commission of Oyer and Terminer to try me which whether such a special Commission made by never so unquestionable Authority be not contrary to the Petition of Right which you have so often sworn and particularly declared to maintain inviolably I shall for brevities suke not now dispute onely give me leave and I hope without any offence to put you in mind of that excellent and printed Argument in speeches and passages of Parliament 1640 1641. page 409 410 411 to 417. of Mr. Hides your quondam fellow-Member before the Lords in Parliament as the then Mouth of the Commons-house in April 1641. upon the special Commission of Oyer and Terminer that was exercised in the five Northern Counties at Yorke in which argument besides many excellent observeable passages about the midst of it he interrogates saith What hath the good Northern people done that they onely must be disfranchized of all their priviledges by Magna Charta and the Petition of Right for to what purpose serve these Statutes if they may be fined and imprisoned without Law according to the discretion of the said Commissioners of speciall Oyer and Terminer what have they done that they and they alone of all the People of this then happy Island must be dis-inherited of their Birth-right of their Inheritance I shall at present make no application for my selfe onely I shall adde a few more of his lines toward the conclusion of his Argument in page 415. which I hope cannot be offensive being spoken by him that was so eminently authorized thereunto where he saith to the Lords Truly my Lords these vexed worne people of the North are not suitors to your Lordships to regulate this Court of Oyer and Terminer or to reforme the Judges of it but for extirpating these Judges and utterly abolishing this Court They are of Catoes mind who would not submit to Caesar for his life saying he would not be beholding to a Tyrant for injustice for it was injustice in him to take upon him to save a mans life over whom he had no power which Court of speciall Oyer and Terminer was absolutely and totally abolished by that excellent Act that abolished the Star-Chamber being the 17. of the late King Anno. 1641. But Sir if it shall be objected against

me that you are necessitated to take such an extraordinary course with me as a speciall Commission of Oyer and Terminer is because I will not own your Authority yea and if you so continue to deale with me as you dealt with the late King Unto which at present I answer first the Kings Case and mine is different for he refused to answer to his Charge principally out of this consideration because he had inherent in him an old received principle as appeares in his Answer to the Petition of Right Anno. 1627. and in many of his Declarations made since the beginning of the late Warres and by his Speeches at his death by vertue of which he judged himself as not lyable or capable of being judged by any power on earth but onely by God alone and as being in any sence not in the least for any action he did though in it selfe never so vile subject to the punishing part of the Law Now for my part I do not in the least refuse to be tryed out of that consideration for I acknowledg my self but a bare Englishman subject to the Lawes thereof as well in the penall as in the directive part of them unto the ordinary rule of which with all my heart I am willing to stoop and I wish my adversaries would do the same and then I believe the controversie would not long last betwixt us But seeing betwixt my adversaries and my selfe there is a difference about the legality and justnesse of power which in some late printed papers and popular discourses is made use of against me as though I had a selfe conviction in mine own Conscience of my own guilt and therefore do ayoid as much as in me lies a Tryall To take off which and to lay my selfe and my adversaries nakedly and fully open to the judgement and censure of all ingenuous and rationall men in England I do hereby under my Hand and Seale for that end it may be shewed to your house proffer you beside what I lately proffered Mr. Prideaux which is contained in the 18. and 19. pages of the substance of that discourse now in print and here inclosed that I am willing and ready if they please to chuse one of your own twelve Judges that sit in one of the three publick Courts at Westminster and all or any of my adversaries shall chuse which of the eleven remaining they please and I will freely and voluntarily oblige and bind my selfe under my Hand and Seale before Witnesses to stand to their finall and absolute determination upon the principles of Law for all differences betwixt them or any of them and me although it reach to banishment losse of estate limb or life so my adversaries will do the like Provided the hearing may be open publique and free indifferently for both parties and that the Judges give their judgment in writing under their Hands with their reasons for their so doing to every point of their judgement And provided I may for my own benefit use or advantage choose two friends freely to take as well as their pens will enable them all that passeth pro and con without danger to their persons liberties or estates or without hazard of having their papers by force or Authority taken from them and this I think is as faire as any rationall man under Heaven can desire and which I cannot believe you can judge to the contrary especially considering it is so consonant to that righteous rule of the Sonne of God Jesus Christ contained in the Scripture the volume of truth viz. to do as you would be done to which is the summe of both the Law and Gospel and of all righteousness amongst men And I hope this is so fair that those that most thirst after my bloud cannot nor will not refuse it but to make it more fair if they judg it inconvenient to fix upon two of your own Judges who in interest are positively engaged against me I will be content they shall chuse one Schollar commonly called a Clergy-man and I will chuse another or a Citizen or a Country-man which they please and I will do the like So with my humble service presented to you craving pardon for my boldness in troubling you with whom I have had so little face to face acquaintance earnestly intreating your utmost interest speedily in acquainting your house herewith in the publikest manner you can I commit you to the Lord my God my Protector and Preserver and rest Yours desirous particularly to be engaged yours to serve you JOHN LILBURN From my captivity and bodily bondage in the Tower of London Octob. 20. 1649. The Postscript to the Reader SInce I sent the fore-going Epistle I understand that Wednesday next being the 24. of Octob. 1649. is positively resolved by my Adversaries to be the day of my tryall and therefore I cannot chuse but publish this in Print and because a late Pamphlet-scribler and pretended Vindicator of Sir Arthur Haslerig said to be Mr. Thomas May the Councel of States Pensioner renders me in his late false and lying book to be an Atheist a denyer of God and the Scripture and given up to all licentiousness and an absolute Confederate with Prince Charles to set up his absolute Will and Prerogative in this Nation And therefore not knowing whether my life will be mine so long till I am able to publish a vindication at large against his base calumniations I shall desire you to take this at present and if I dye before more come let the constant Series of my Actions and Writings be my future Testators That if to believe constantly all that is contained in the Law and the Gospel and to have confident hope of the resurrection of the dead and the life to come and particularly of my own and to live conscienciously in all good conscience as in the sight of that God that searcheth and knoweth the hearts of all the Sons of Men both before God and Men be sufficient cause to be judged an Atheist then I am one and if to oppose with all my might and strength all interests whatsoever that would set up a single man or more to rule and govern by Will and Pleasure without bounds limits check or controul be sufficient cause to be judged a Cavalier and for Prince Charles then must I ingeniously coufess I am such a Cavalier and I hope so to dye for which I bless God I am ready and fitted let it be by what butcherly hands it will JOHN LILBURN The second thing in order is his brothes and his wifes Petition the Copy of which thus followeth To the right honourable the supream Authority of this Nation the Commons of England in Parliament assembled The humble Petition of Col. Robert Lilburn and Eliz. Lilburn in the behalf of Lieu. Col. John Lilburn prisoner in the Tower of LONDON Sheweth THat although Lieut. Col. John Lilburn your Petitioners brother and husband by his late actings hath incur'd the displeasure of