Selected quad for the lemma: book_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
book_n	john_n	thomas_n	william_n	2,624	5	7.7680	4	true

Text snippets containing the quad

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

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

who also swears that that same booke he set his hand to it to know it again by and that the individuall booke that is now given into your hands is the same booke that was delivered to him The Title is an Impeachment of high Treason against Oliver Cromwell Esquire L. Col. Lilb Sir I wonder you are not ashamed so farre to press the testimony beyond that they themselves sweares Mr. Daffern doth not name the book at all that was given to him neither doth he swear it to be mine and therefore Sir you abuse your selfe the Court the witnesse and me too Mr. Atturny Master Lilburn I have done you right in it and no wrong at all for Colonell Purfoy doth name it The next is a very dangerous booke of his called A preparative to the Hue and Cry after Sir Arthur Haslerig Mr. Lieutenant of the Tower you are upon your Oath I pray you speake your knowledge to that Lieut. of the Tower My Lord it is true Lieutenant Colonell Lilburne gave me in the Tower such a booke but I cannot say whether that be the same Booke that he delivered to me or no I have such a booke also at home but I am not able to say that is the very Booke hee gave mee and whether this be the same booke I know not Mr. Prideaux Call Mr. Nutleigh and Mr. Radney Master Nutleigh sworn L. Col. Lilb I pray let the witnesses stand here the Jury say they cannot heare them Edward Radney called and sworn L. Col. Lilb I pray you let me know what these Gentlemen are I doe not know them neither can I remember at present that ever I saw them before Lord Keble You see they looke like men of quality Mr. Prideaux They are my sorvants Mr. Lilburn Mr. Nutleigh My Lord and † But Mr. Lilburn hath been heard to profes he see not those Gentlemen in the Chamber that hee discoursed with Mr. Prideaux in although hee looked divers times about him please your Lordship the 14. of Septemb. last the prisoner at the Bar Lieutenans Col. John Lilburn being before Mr. Atturny Generall And I being by in the chamber I did see him deliver this Booke to Master Atturney Generall this specificall booke and he did owne it and called himselfe the Author of it save only the Errataes of the Printer L. Gol. Lilb The last Clause I beseech you Sir the Jury desires to heare the last Clause Mr. Nutleigh My Lord † That is an errant lye for divers that heard the words aver them to be thus it is my booke and I will 〈◊〉 it and so it might be although he had bought it he said he was the Author of that Booke the ERRATAES of the PRINTER excepted Lieut. Col. Lilburne Let him bee asked this question whether in that expression saving the Errataes of the Printer there did not follow these words which are many I desire to know whether there were not such words or no. M. Radney I was present my Lord when the prisoner at the Bar presented this booke to Mr. Atturney and owned it saving the Errataes of the Printer L. Col. Lilb Were there no more words Mr. Radney Not to my remembrance and so said they both Lieutenant of the Tower My Lord I was present at the same time wh●● Lieutenant Colonell Lilburne did present a booke to M●ster Atturney Generall with such a Title as this And truly if I be not much mistaken there was used by him these words which are many Thus it was in the whole Sayes hee here is a booke which is mine which I will owne the Errataes or Errours of the Printer excepted which are many if I mistake not very much those are the very words Master Lilburne said Mr. Atturney My Lords and you Gentlemen of the Jurie you see that here are th●e● Witnesses and they doe all agree and they doe all agree in this that Master Lilburne the prisoner at the Barre did deliver this Booke to me owning it as his † So is an Oxe a man buyes with his money it is his owne and so is a gold ring hee findes after he ●ath found it it is his owne and yet it doth not follow that the owner either begot the Oxe or made the gold ring owne the Errours or Errataes of the Printer only excepted And as for that Clause which are many only the Lievtenant of the Tower sweares to that singly and therefore I desire it may remaine in Court as that individuall Booke that th●y see Master Lilburne give me But my Lord there is another Booke in the Indictment intituled the legall fundamentall Libertie of the people of ENGLAND 〈…〉 and asserted Or An Epistle written the eight of June 16●9 by Lieutenant Colonell JOHN LILB●RN to Mr. WILLIAM LENTHALL Speaker to the re●●●●●er of those few Knights C●●●z●ns and Burgesses that Colonell THOMAS PRIDE at his late purge thought convenient to leave sitting at Westminster My Lords for this Booke it ownes Master Lilburn if be will owne it it hath his 〈◊〉 to it but I have my lesson from him My Lord he will owne nothing hee will publish enough but my Lord ●e will not owne it 〈…〉 q●●stioned for it that is not the true principle of a true Christian nor an Englishman nor a Gentleman L. Col. Lilb I deny nothing by your favour Mr. Atturney And confesse as little My Lord for this you have two bookes in proofe before you The preparative to the Hue and Cry and the Salva Libertate ownes these very individuall bookes for the Preparative to the Hue and Cry in the Marginall note at the second page ownes and avowes this booke called The Lagall Fundamentall c. to be Master Lilburns And Master Lilburn himselfe did owne the Preparative to the 〈◊〉 Cry before three Witnesses to be his and therefore the Salva Libercate M. lieutenant of the Tower hath sworn that he received it from his owne h●nds My Lords as for this booke the Salva which he does not acknowledge Wee shall read the words in the Indictment although it had beene as ingneuous for Master Lilburn to have confest it as for us to have proved it and for the proofe of it read the Title Clerk The Title read A preparative to an Hue and Cry after Sir Arthur Haslerig a late Mumber of the forceably dissolved House of Commons and now the present wicked bloody and tyrannicall Governour of Newcastle upon Tyne Mr. Prideaux Read the Marginall note in page 2. Clerk Page 2. in the Margent That those men that now sit at Westminster are no Parliament either upon the principles of law and reason see my argument or reasons therefore in my second Edition of my Booke of the 8. of June 1649. Intituled The legall fundamentall liberties of the people of ENGLAND revived and asserted page 48 49. to 63. Mr. Atturney This Booke hath Mr Lilburns name to it and here in this his Hue and Cry he ownes it and the third page in the margent

Ianuary 1647. laid downe in the following discourse page 23 24 25. and write to all your friends in all the Counties of England to chuse out from amongst themselves and send up some agents to you two at least for each County with money in their pockets to bear their charges to consider with your called and chosen Agents of some effectuall course speedily to be taken for the setling of the principles thereof meaning the aforesaid false Agreement devised by your self the aforesaid Iohn Lilburn and to set up the promoting of the aforesaid fained Agree meaning as that only which in an earthly Government can make you the aforesaid friends of the said Iohn Lilburn happier at least to know one anothers minds in owning and approving the principles of the foresaid false Agreement that so it may be come to you meaning the foresaid friends of the foresaid Iohn Lilburn and all your friends your centre standard and banner to flock together to in time of those forraign innovations and domestique insurrections that are like speedily to bring miseries enough upon this poor distressed Nation the aforesaid Nation of England again meaning and uanimously resolve and engage one to another neither to side with or fight for the chimaera's fooleries and pride of the present men in power the aforesaid Parliament of England meaning nor for the Prince his will nor any other base interest whatsever the which if you the aforesaid friends of the said John Lilburne meaning should fight for it would be but an absolute murther of your brethren and Country-men you know not wherefore unlesse he or they will come up to those just righteous and equitable principles therein contained and give rationall and good security for the constant adhering thereunto And upon such termes I doe not see but you may justifiably before God or man joyne with the Prince himselfe yea I am sure a thousand times more justly then the present Ruling men upon a large and serious debate joyned with Owen-Roe-Oneale the grand bloudy Rebell in Ireland who if we must have a King I meaning he the aforesaid Iohn Lilburne for my part I had rather have the Prince meaning CHARLS STUART Son to the late KING then any man in the world because of his large pretence of Right which if he come not in by conquest by the hands of forraigners the bare attempting of which may apparently hazard him the loss of all at once by glewing together the now divided people to joyne as one man against him but by the hands of English-men by contract upon the premisses aforesaid which is ealy to be done the people will easily see that presently thereupon they will enjoy this transcendent benefit he being at peace with all farraign Nations and having no Regall pretended competitor viz. The immediatly disbanding of all Armies and Garisons saving the old Cinque-ports and so those three grand plagues of the people will cease viz. Free-quarter Taxations and Excise by meanes of which the people may once againe really say they enjoy something they can in good earnest call their owne whereas for the present Army to set up the pretended false Saint Oliver or any other as their elected King there will be nothing thereby from the beginning of the Chapter to the end thereof but Wars and the cutting of throats year after year yea and the absolute keeping up of a perpetuall and everlasting Army under which the people are absolute and perfect slaves and vassals as by wofull and lamentable experience they now see they perfectly are which slavery and absolute bondage is like dayly to increase under the present Tyrannicall and Arbitrary new erected robbing Government and therefore rouse up your spirits before it be too late to a vigorous promotion and setling of the principles of the foresaid Agreement as the only absolute and perfect meanes to carry you off all your maladies and distempers Here Lieutenant Collonel Lilburne in the first dayes reading the Indictment taking notice of the Judge Thorpe and Mr Prideaux to whisper together cryed out and said to this effect L. Col Lilburne Hold a while Hold a while Let there be no discourse but openly for my adversaries or persecutors whispering with the Judges is contrary to the Law of England And extreame foule and dishonest play and therefore I pray let me have no more of that injustice Mr Atturney It is nothing concerning you let me give him satisfaction it is nothing concerning you Mr Lilburne L. Col Lilburne By your favour Mr Prideaux that is more then I do know but whether it be or not by the expresse Law of England it ought not to be therefoe I pray let me have no more of it Mr Broughton And further thou the said John Lilburne stands Indicted for that thou the aforesaid first day of October in the year of our Lord 1649. and divers daies and times as well before as after in London aforesaid and in the Parish and ward aforesaid didst maliciously advisedly and trayterously publish another false poysonous trayterous and scaudalous Book Intituled An out-cry of the Young-men and apprentices of London Or an inquisition after the lost fundamentall Laws and Liberties of England having these Trayterous and scandalous words amongst other things following that is to say we meaning the Young men and Apprentices of London considering what is before premised * Which words are in pag 11. are necessitated and compelled to do the utmost we can for our own preservations and for the preservation of the Land of our Nativity and never by popular Petitions addresse our selves to the men sitting at Westminster any more or to take any more notice of them then as of so many Tyrants and Usurpers and for the time to come to hinder as much and as far as our poor despised interest will extend to all other whatsoever from subscribing or presenting any more popular Petitions to them and only now as our last Paper refuge mightily to cry out to each other our intollerable oppressions in Letters and Remonstrances signed in the behalfe and by the appointment of all the rest by some of the stoutest and stiffest amongst us that we hope will never apostatise but be able by the strength of God to lay down their very lives for the maintaining of that which they set their hands to And further that thou the aforesaid John Lilburne afterwards that is to say the aforesaid first day of October in the year of our Lord 1649 and divers other daies and times as well before as after not being an Officer or Souldier or member of the Army aforesaid at London aforesaid in the Parish and Ward aforesaid as a false Traytour did maliciously advisedly and Trayterously indeauour to stir up a dangerous mutinous Trayterous distemper Mutiny and Rebellion in the Army now under the Command of Thomas Lord Fairfax and didst indeavour to draw Thomas Lecoies Iohn Skinner and John Toppe from their obedience to their superiour officers

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

pocket which was given mee even now and I will give it you if you will L. Col. Lilb I pray let me heare two or three lines before Mr. Skinner Whereupon you answered and said I have the booke in my pocket and it was given me and I will give it you and Mr. Lewis received it and that was all and presently I went away Mr. Atturny You hear Gentlemen of the Jurie that it is the same book that he received from the hands of Lieut. Col. John Lilburn L. Col. Lilb My Lord I beseech you heare me before the Witnesses goe and he that was sworn before I desire to aske him this question whether or no that this is the very booke that is mentioned in the Indictment and whether or no they have examined the words of it with the Indictment Mr. Prideaux You need not that shall be proved presently Mr. Atturny That booke which Mr. Lilburn gave you what did you with it Mr. Skinner It was delivered unto my Lieutenant who stands there Lieut. It was delivered unto my Captain upon the Guard Capt. Meriman Tooke the booke in his hand and said this individuall booke signed in severall places by me I delivered to Mr. Frost Secretary to the Councell of State and Mr. Frost caused me to signe it in severall places whereby it could not be mistaken and that is the very individuall book Mr. Atturny My Lords and you Gentlemen of the Jurie we have thus far gone in the Evidence that Mr. Lilburn brought the last sheet● of it to the Presse the first time he came with Captain Jones and he came the second time with him to examine it that is he had a printed Copy that was then printing to be printed and was the Corrector for the Presse reading the Originall copie so farre he is privy to the printing of the booke In the next place three witnesses Souldiers of the Arm●● swears he gave them one of these bookes and one of them gave it to his Lieut. and the Lieut. to the Captaine and the Captain sweares this individuall booke is that which Master Lilburn gave into the hands of Mr. Lewis what can be more plaine then this I pray you Judge for here is plain testimory of Mr. Lilburns delivering this O●●ery to the 3. Souldiers one of them to his Lieut. his Lieutenant to his Captain and his Captain to Mr. Frost with maks upon it so this is by consequence proved unto you this is the individuall booke that Mr Lilburn prisoner at the Barre gave to the 3. Souldiers and which is to be made use of when you have occasion upon the evidence to read it as now it is in the Court with you L. Col. Lilb By your favour I have had no answer to the question that I humbly craved an answer to whch is whether the Souldiers are positively able to sweare that this is the individuall booke which they say they had from my hands and whether they are able to sweare that this individuall booke is a true and exact copy without addition or subscription of that originall manuscript that the Printer saith Captain Jones delivered to his hands which hee saith I had an uncorrected sheete of Mr. Attur We shall cleare that to you when we come to make use of it L. Col. Lilb I beseech you Gentlemen of the Jury to take notice of my question and what I am denyed Mr. Prideaux The next thing that is charged upon him is a paper writter and irtituled a saly libertate my Lord shall open the thing to you being direct a my Lord for the prosecution of Mr. Lilburn and having things of very high concernment that are charged against him I did by word of mouth send to have him come to me which I understood he did decline because he had no warrant The Liut of the Tower was pleased to acquaint me with it and I thereupon directed my warrant to the Lieutenant to being him before me and Mr. Lilburn c. L. C. Lilb My † This was the first or second time that Mr. Lilburns tongue slipt in calling him Lord. Lord and please your honours thus if we be upon matter of fact let us come to it let us have no introduction to teach the witnesses what to say beyond what their own consciences dictates unto them Mr. Atturny I shall goe no further in it let the Lieutenant of the Tower speake himselfe The Lieutenant of the Tower sworn Mr. Atturny Lieut. of the Tower you are questioned about the falvo libertate that Mr. Lilburn delivered unto you have you the originall Lieut. Tower Yes Sir I have Mr. Atturny How come you by it Lieut. Tower I shall be short in what I say because I will not trouble the Court. L. Coll. Lilb Let me heare you then Lieut. Tower Being abroad there was a message left with my servants that I should bring up Lieut. Col. Lilb to Mr. Atturneys chamber in the Temple and when I came in I had notice of it I did then send to Lieut. Col. John Lilburn to let him know what command I had reciived from the Atturney generall the next day to carry up Lieut. Col. John Lilburn to the Atturney Generals chamber But Lieus Col. Lilburn not well understanding whether I had a written warrant or no but before he came at home he recalled himself and came back and desired the sight of my warrant I told you before I had no warrant but by word of mouth why sayes he doe you thinke I will goe upon a verball Warrant saith he I will not goe unlesse you force me but the next day Mr. Atturney Generall was acquainted that he refused to come without a warrnnt When the Warrant was made I met with Lieut. Col. Lilburn about 10. of the clocke in the Tower who intreated me to let him see it I shewed it him he read it he desired a copy of it takes it which when he had he went from me and about two hours after hee came to me about one of the clocke and said I pray receive this from mee for saies he I doe intond not to own the Authority and power of that Gentleman that sens me the Warrant whereupon I told him I would shew this same to the Aturny Generall why sais he I give you it to that purpose When the time came Lieut. Col. Lilourn did goe along with me in an orderly civill way I had no body but my man for I told him I will take no body but my man if you will engage your selfe to me that you will returne peaceably which be did and so we went very orderly to Mr. Atturnies Chamber which is all for that I can say Mr. Aturny If you please that the Lieutenant may upon his oath declare whether that be the true Originall he had from Mr. Lilburn's owne hands or no Lieut. Tower It was never out of my custodie since he gave it me Lord Keble Mr. Lilburn you doe acknowledge it

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

Justice from a Jury of Citizens of London whom I hope to find men of Consciences and Judgement yea of such righteous Judgement as that they will abhorre to go about to take away my life and my bloud and lay the blemish and staine of Treason upon me and my posterity for ever upon such a thing as this is and this is all and the utmost of all that the Evidence doth witness against me Then in the third place there was Iohn Skinner who was the third and he sayes the same in effect and no more and therefore I need not to go upon that any further but shal leave it I hope to the inlivened Consciences of my Jury my fellow Citizens of London in the next place the second thing layd to my charge is the Salva Libertate delivered to the Lieutenant of the Tower as he sayes The Lieutenants of the Towers Testimonie Now truly the Lieutenant of the Tower is but a single witnesse to this and the Law saith positively there shal be two legal witnesses to prove every Fact of Treason whose Testimonie or evidence ought to be as clear and evident as the Sun at noon-day without any conjecturall presumptions or inferences or straines of witt and truly the Lieutenant is but a single witnesse at most I should be loath to reproach or bespatter the man yet I must say this being upon my life that he is not onely a single witnesse but a Gentleman in whose Custody I was prisoner contrary to Law who kept me prisoner in times by-past above 12. moneths together at the house of Lords illegall command contrary unto Law and Justice for which above a year since I did commence at the Common Law an Action of four or five thousand pound against him as I did also against Collonell Tichbourn that I have seen upon this bench sitting as one of my Judges which I think is not equall nor just nor legall that he with whom I have a suit of four or five thousand pound depending when thereby my profest adversary should be one of my Judges and therefore I desire he may be commanded off the bench and withdraw as being my professed adversary and therefore in Law uncapable to be my Judge and truly having the same Action depending still against the present Lieutenant of the Tower before the Judges of the Kings Bench for his detaining me in prison above a year together contrary to Law he is thereby in the eye of the Law my proefssed Adversary and therefore in Law cannot be admitted as a compitent witnesse against me upon my life yet the Lieutenant of the Tower doth not in the least swear that the hand is mine or that he did see me write it but onely he saith that I did deliver such a Paper to him but he is but a single witnesse and so I say by the Law of the Land not vallid or good but his Testimony is clearly gone and wiped off as also all things that doth depend thereupon There is besides five or six witnesses produced to severall charges but the Law expresly saith that there must be two plain and clear witnesses to every particular Charge or Fact of Treason that must take away my life and this is your own Law and therefore he is but a single one and therefore invalled and altogether not satisfactory or binding and then beside which is considerable truly I think the Tower of London in the place where he saith I gave him those Papers is not within the Jurisdiction of the Citie of London and how I should come to be arraigned by a Jury of fellow Citizens here in London therefore against whom I must confesse that for my part I have nothing for their Honesty and Integrity to object I know not for I know not the faces of any two of them and therefore impossible for me to say any thing against them I say I know not how by a London Jury I can be tried for a Fact fixed upon me to be committed in Middelsex I beseech you Gentlemen of the Jury mistake me not for I have nothing to accuse you of and I hope you will be so conscientious and tender in the Trial of me for my life that you will put your case as my case and do by me as you would be done unto by me if you were in my case and condition And the righteous God of heaven and earth direct you so to do and therefore the Lieutenant of the Tower being but a single witnesse at most and in Law not a compitent one neither being my professed Adversary that hath most illegally kept me in prison for which I have commenced long sence my action at law for my legal reparations against him I say therefore in the eye of the Law his Testimony sticks not and I pope in the righteous Opinion of my Jury can do me no harm and if so his Testimony be invalled then the Salva Libertate can not reach me to do me any hurt but it and all those my pretended books called by my name are all washed away and gone and my Adversaries must go seek new Authours for them or at least procure new and better Testimony to prove them mine for that which they have produced hither to is worth nothing Then the next is Thomas Dafferne and he sayes that the twelfth of August 1649. Thomas Dafferns Testimony he met with Lieut. Col. Lilburne upon the Bridge as he was going home to visit his sick and distressed Family and he went back with him to his house in Southwark at Winchester House which I am sure is not in London And therefore at Guild-hall in London by a London Jury in Law cannot be tried for he positively saith that at Winchester house in Southwark which is in the County of Surry Lieut. Col. John Lilburne gave him a book to carry to Coll Aires a Prisoner at Warwicke Castle but he does give in no Testimony at all that it is mine or that that book was Lieut. Colonell Lilburnes book of his making or penning but a Book he gave him and that is all he sayes which is no more but that he received a Book at Winchester House in Southwark from the hands of Lieutenant Colonell Lilburne so carry to Colonell Ayres now a prisoner at Warwick Castle Now truly he is but a single Testimony and he sweares nothing particularly as to me and besides what he sweares is to a Fact done in another County and therefore his Testimony is not worth a straw it 's gone it 's invallid in Law it signifies nothing it is not so good as a spiders webb by Viritue of which the Marshals Testimony and the Governours of Warwick Castle as also Col. Purfroyes need no other answer from me but to pitty them for the long journey they have made to no purpose The next thing charged upon me is the Preparative to an Hue Cry after Sir Arthur Haslerige The Lieutenant of the Towers second

Testimony to which the Lieutenant of the Tower sayes that Lieut Col John Lilburne gave him one of those Books in the Tower which truly I am confident is in Middlesex and truly I conceive under favour it will be a point disputable in Law that I should betried for my life in this place admitt there were a thousand witnesses to make it good that the Lieutenant of the Tower had one of them from me either in the place he formly named or at his own house for that Fact was done in the Tower that is out of the County of London and so not tryable by a Jury of Citizens of London but he further saith whether the Book that he now has be the same that he received from the hands of L. Col. Lilburne that he is not able to depose Then the rest of the wittnesses that do depose against me in relation to the Hue and Crie and James Nutley and Edward Raddon both of them Mr Prideaux servantts and the most that they say The Testimony of James Nutley and Edward Raddon is that when I was before their Master upon the 14. of Septemb. 1649. at his chamber in the Temple to be examined by him they say they saw me deliver a preparative to an Hue and Crie after Sir Arthur Haslerige to this masters hands and tell him that that was mine and I would own it saving the Printers Errata's which sayes the Lieutenant of the Tower upon his oath I expressed to be many In answer so which I say I do not know whether the Temple be with in the Liberties of London or no and if it be not I know no ground in Law wherefore a London Jury should try me here but more fully I say for any thing the Jury knowes or for any thing the witnesses swear the Printers Errata's which are many are all and every of those clauses that offence or exceptions are taken against for not one of those clauses which you except against are not proved to be the Prinetrs Errata's and therefore there is no validity or weight in those Testimonies also for they do not prove in the least that any six lines of the Book is mine all of them say that I owned no more of the Book then was free from the Printers Errata's And the Lieutenant of the Tower sweares that the clause was added which are many And therefore you the Gentlemen of the Jury I I appeal to your Consciences and to your Judgements and the Lord set it home to your understandings that you may not be guilty of the bloud of an innocent man by partiality fear or offrightment of spirit for in law Equity and Justice all their three Testimonies put together has no validity no strength nor force in them and so much for that The next thing fixt upon me is the legall fundamentall Liberties of the people of England revived asserted and vindicated and truly all that 's brought to prove the legal fundamental Liberties of England to be mine is but mearly the relations that are in the fore-mentioned Books for I do not remember nay I am sure of it that there is so much as a single Testimony that does give in any Evidence against me that it is mine and therefore I can answer to that nothing more then what I have said already The Testimonies all being invalled at least in the eye of the Law and therefore that 's gone too and blown away as chaff before the wind Lastly for the Agreement of the people truly that 's dated the first of May 1649. And truly for ought I know and I am sure of it too it is before the date of any of those Acts upon which I am indicted for my life therefore not within the compasse of it for Paul that great Apostle said and he that spoke by the spirit of God that dwelt within him to whom it was given in an extrarordinary manner that so he might thereby be enabled to write the infallible truths of God said where there is no law there can be no transgression but that Agreewent was in being publickly abroad with a legal Imprimatur to it before any of the Acts upon which I am arraigned had a being and therefore admit it should be granted to be mine yet it can be no transgression or any thing prejudicial in the eye of the Law unto me but besides there is not any Testimony at all that so much as layes it to my charge to be mine and therefore it pinches me not nor does any of all the rest of your charges and besides all that I have already said in my owne behalf to shew in Law the invalidity and insuffiencie of all the Testimony you have produced against me I add this by way of addition to it that there hath not been so much as one single witnesse or Testimony to prove that the Books laid to my charge are rightly and truly dated and not post dated which if any of them or all of them should be admit the proofes were sufficient in law yet unlesse the dayes of them be firmly proved to be exactly according to the original copies and not post dated for any thing the Jury knows they might be made and write before ever the Acts they are said to transgresse had a being And therefore if there were so many Testimonies in Law to prove the books mine which there is not in the least yet I say admit there had been a thousand witnesses to the proofe of every one of those books yet not withstanding in the eye of the Law I leave it to the Consciences of my Jury whether I be not free in that particular seeing there is none sweares punctually and positively to the dates of them but to put all out of danger as I denie nothing so in that particular I do not own a jott a line a word a sillable of any of them Now Sir having done so far as I have and clearly discovered to the Jury and all that hear me this day that all the proofes alledged against me does not stick in the least any guilt upon me truly I have clearly answered invallodated all the verball proofes according to the clear letter and true intention of the Law I have no more to say to all the evidences that have been read in books against me I leave it to the consciences of my Jury believing them to be a generation of men that believe in God the Father and believes they shall have a portion in the resurrection of the dead and stand before the tribunall of the Lord Almighty to give an account unto him the Lord of life and glory and the Judge of all the earth of all there actions done in the flesh I leave it to their judgements and consciences to judge righteously between me and my adversaries and the Lord of life and glory to judge right between me you that in all those things in your long scrowl you pretend me guilty

c. and further didst deliver unto the three Souldiers before named the said Book intituled an Out-Cry of the Young men and Apprentices of London having these words following contained therein Surely all sense and compunction of conscience is not totally departed from you hear us therfore in the earning bowels of love and kindnesse we intreat and beseech you with patience and doe not abuse us for complaining and crying out for the knife hath been very long at the very throats of our liberties and freedomes and our burthens are too great and many for us we are not able to bear them and contain our selves our oppressions are even ready to make us dispair or forthwith to flie to the prime lawes of nature viz. the next violent remedy at hand lite where it will or upon whom it will they are become as devouring fire in our bosomes ready to burn us up rendring us desperate and carelesse of our lives prising those that are already dead above those that are yet alive who are rid of that pain and torment that we doe and must indure by sensiable seeing and beholding not only the dying but the daily buriall of our native liberties and freedomes that we care not what become of us seeing that we are put into that originall estate or Chaos of confusion wherein lust is become a law envy and malice are become laws and the strongest sword rules and governs all by will and pleasure all our ancient boundaries and land-marks are pulled up by the roots and all the ties and bonds of humane society in our English Horizon totally destroyed and extirpated Alas for pitty we had rather die then live this life of a languishing death in which our Masters possesse nothing to buy themselves or us bread to keep us alive that they can call their own therefore it s no boot for to serve out our times continue at our drudging and toylingtrades whilst these oppressions cruelties and inhumanities are upon us and the rest of the People exposing thereby the Nation not only to domestique broyles warres and bloud-sheds wherein we are sure our bodies must be the principall buts but to forraign invasions by France Spain Denmark Swethland c. as was well observed by an endeared and faithfull friend of the forementioned late treacherously defeated party at Burford in their Book of the twentieth of August 1649. Intituled the Levellers vindicated or the case of the twelve Troopes truly stated Page eleven and twelve which we cannot but seriously recommend with them to your serious perusall and judgement and desire to know of you but especially the private Souldiers of the Gen. Regiment of horse who we understand had a hand in seising upon and plundring our true friends at Burford whether you doe own the abominable and palpable treacherous dealings of your Generall and Lieutenant Generall Cromwell and their perfidious Officers with them or no that so we may not condemn the innocent with the guilty and may know our frinds from our foes as also to tell us whether you doe approve of the totall defection of your Army under which it now lieth from their faith and falne Engagement made at Newmarket-heath June the fifth 1647. not one of those righteous ends in behalf of the Parliament and people on which your Vow was made being yet fulfilled or obtained but on the contrary as we have before rehearsed a whole floud-gate of tyrannies are let in upon us and over-whelme us and whether you the aforesaid private Souldiers meaning justifie all those actions done in the name of the Army upon your account and under the pretence of that Engagement since the Engagement it selfe was broken and your Councell of Adjutators disolved And whether you will hold up your Swords to maitain the totall dissolution of the People choysest interest of freedome viz. Frequent and successive Parliaments by an Agreement of the People or obstruct the annuall succession Whether you doe allow of the late shedding the bloud of Warre in time of Peace to the subversion of all our lawes and liberties And whether you doe countenance the extirpation of the fundamentall freedomes of this Common-wealth as the revocation and nullity of the great Charter of England the Petition of Right c. And whether you doe assent to the erection of Arbitrary prerogative Courts that have or shall over-rule or make void our ancient way of tryals in criminall cases by a Jury of twelve men of the neighbourhood And whether you will assist or joyne in the forcible obstruction of this Martiall and tyrannicall rule over us Also whether you will fight against and destroy those our friends that shall endeavour the composure of our differences together with the procurement of our freedomes and settlement of our peace your plenty and prosperity according as it was offered by the fower Gentlemen prisoners in the Tower of London upon the first day of May 1649. as a peace offering to the Nation by the Agreement of the People the aforesaid fained Agreement meaning lastly wee the aforesaid young men and Apprentices of London meaning earnestly beseech you the aforesaid private Souldiers again meaning to acquaint us whether from your hands to your power we may expect any help or assistance in this our miserable distressed condition to the removall of those Iron bonds and yokes of oppression the aforesaid Government in way of a Common-wealth and Councel of State meaning that have thus enforced us to complain and addresse our selues thus to your consideration for we the aforesaid young men and Apprentices again meaning cannot chuse but acquaint you the aforesaid private Souldiers againe meaning that we are seriously resolved through the strength and assistance of God with all the interest wee have in the world to adhere to the righteous things contained in our treacherously defeted forementioned friends vindication the aforesaid traiterous Book intituled The Levellers vindicated or the case of the twelve Troopers truly stated again meaning And further thou the said Iohn Lilburn as a false Traytor by most wicked trayterous conspiracies designes and endeavours of thine aforesaid afterwards that is to say the aforesaid first day of October in the year of our Lord 1649. above said And diverse other daies and times as well before as after didst in the parish and ward of London aforesaid in and by the aforesaid scandalous poysonous and traiterous Book intituled An Impeachment of high Treason against Oliver Cromwell and his Son-in-law Henry Ireton c. most falsly maliciously and traiterously publish and openly declare amongst other things in the said Booke these following scandalous treacherous tumultuous and traiterous clauses and words following that is to say But I meaning thy self the said Iohn Lilburne and many other persons meaning the foresaid friends inteat you seriously to consider that I cannot advise you to make addresses to him meaning the aforesaid THOMAS Lord FAIRFAX Captain General as the Generall of the Nations forces the Forces of this Natieon

Kings life before a legall Magistracy when there shall be one again in England which now in the least there is not Mr Att Indeed My Lord and you of the Jury Mr Lilburne is a very great Rooter not a Leveller but a Rooter to root out the Laws of England by the Rootes J There is not Lieut. Col Lilb By your favour Mr Prideaux I knew the time when others said it as well of you and it is not long since you were penned down in a black bill to my knowledge as unsavory Salt with many others to be thrown out of the House of Commons I pray Sir whether were those Rooters that went about to roote up that House by force of Armes or Mr Prideaux and others to give them cause at least in their apprehensions Mr Att My Lord A legall Magistracy in England as now he saith in the least there is not if there be no Magistracy I will conclude there is no Propriety My Lord left in this Nation but Mr Lilburne saith there is no Magistracy and if so then no Propriety Lieut. Col Lilb It would be a very strange Argument that you would inferre I wish you and I were to dispute that in point of Law for our lives that to deny a Magistracy legally constituted according to the Formalities of the Law does not destroy Propriety for indeed Sir propriety is an antecedent to Magistracy and is first in being before it but Sir to end the dispute he that ownes the Law of England as I do that distinguisheth meum tuum can never be a Destroyer of Propriety I wish your practise were as consonant to Propriety as my Principles Mr Prid Read the 2 Page at the marke Clerk Now I say considering that which is before declared I cannot upon any tearms in the world either with Safety Justice or Conscience as things stand with me at present give my consent but hinder as much as I am able all addresses from me or any other that shall own the usurping Tyrants as a Parliament especially by Petition which was a course saith the pretended Parliament Sollicitour against the King in his case stated pag. 24. which Gods people did not take with Reboboam for they never petitioned him although he was their lawfull supreame Magistrate but advised him he refusing their Counsel and hearkened to young and wicked Counsellours and they cry out to thy Tents O Israel and made quick and short work of it Mr Prid My Lord here is words again to make good as aforesaid that the Parliament are usurping Tyrants read also Page 28. Clerk Read on Page 23. in the margent of the said book And if those very things should now be judged Treason as they are and were in the Earle of Strafford I wonder what should become of all our present Juncto at Westminster and their new thing called a Councel of State undoubtedly the most if not all of them must go to Tiburne or Tower-hill there by a halter or axe to receive their just deserts Amen Mr Att There is an Amen pronounc'd to us let him have it that deserves it but to go on Read the 11. page of his book called the Apprentices Outcry Clerk reads 11. page We say considering what is before premised we are necessitated and compel'd to do the utmost we can for our own Preservation and the Preservation of the Land of our Nativity and never by popular Petitions c. addresse our selves to the Men sitting at West-minster any more or to take any more notice of them then as of so many Tyrants and Usurpers and for time to come to hinder as much and as far as our poor despised interest will extend to all others whatsoever from subscribing or presenting any more popular Petitions to them And onely now as our last Paper refuge mightly cry out to each other of our intollerable Oppressions in letters and remonstrances signed in the behalf and by the appointment of all the rest by some of the stoutest and stiffest amongst us that we hope will never apostatize but be able through the strength of God to lay down their very lives for the maintaining of that which they set their hands to Mr Prid Read page 2. Clerk reads on page 2. But even our Parliament the very marrow and soul of all the peoples native Rights put down and the name and Power thereof transmitted to a picktparty of your forcible selecting and such as your Officers our Lords and Riders have often and frequently stiled no better then a mock Parliament a shadow of a Parliament a seeming Authority or the like pretending the continuance thereof but till a new and equall representative by mutuall agreement of the free people of England could be elected although now for subservancy to their Exaltation and Kingship they prerogue and perpetuate the same in the name and under colour thereof introducing a privy Counsel or as they call it a Counsel of State of Superintendency and Suppression to all future Parliaments for ever erecting a martiall Government by bloud and violence impulsed upon us Mr Prid Read page 3. at the marke Clerk Page 3. Trade is decayed and fled misery poverty calamity confusion yea and beggery grown so sore and so extreame upon the people as the like never was in England under the most Tyrannicall of all our Kings that were before these in present Power since the dayes of the Conquerour himself no captivity no bondage no oppression like unto this no sorrow and misery like unto ours of being enslaved undone and destroyed by our large pretended friends Mr Prid Read page 4. Clerk pag. 4. And yet nothing but the groundlesse wills and humours of those forementioned men of bloud rageth and ruleth over us and is this all the returne and fruit that people are to expect from your hands Mr Prid Take his preparative to an hue and cry after Sir Arthur Haslerigge and read page 2. Clerk reads on The Preparative to the hue and cry after Sir Arthur Haslerigge at pag. 2. in the margent that those men that now sit at West-minster are no Parliament either upon the Principles of Law or Reason Mr Prid Read pag. 3. Clerk pag. 3. They promise to amend and to proceed according to the forme of the Law as fully appears in their last fore-mentioned Declaration and severall others as particularly the present Declaration of this present Juncto against Kingship dated the seventeenth of March 1648. Mr. Prid Read pag. 4. Clerk pag. 4. But the said Sir Arthur Haslerigge c. more arbitrarily and more trayterously the Strafford having no pretence of regall legall or Parliamentary Commissions or Authority no not so much as from the present nothing or illegall Juncto or the present illegall thing called the Councel of State Mr John Iordan now member Mr Att My Lord he doth declare who he meanes by Juncto Mr Jurdon a member of the present Juncto the pretended House of Commons in the third place for

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