being a Captain and principal man of his retinue might come to aid him in his Wars for he himself being a warlike Prince had a desire to make some trial of the Discipline of the English Sir John Hawkwood hereupon undertaketh the service behaving himself so valiantly in several Assaults and Skirmishes that the Lord Barnaby for his valour importuned him to be his Son in Law and gave him in marriage the Lady Dowager his Daughter with the value of ten thousand Florences of yearly revenue for her portion By reason of this alliance his pay was encreased and his name became famous all over Italy for it was judged his deserts were not small that so great a Prince as Barnaby would ally himself with him yet notwithstanding all this upon some further hopes conceived he revolteth from Barnaby and joyneth himself with his enemy so true is that of Lucan Nulla fides pietasque viris qui castra sequntur Venalesque manus ibi fas ubi maxima merces Nor faith nor conscience common Souldiers carry Best pay's their right their hands are mercenary By reason of this revolt many of the Towns of Lombardy came to be wasted by the outragious spoils of the English men amongst other they took the Towns of Faera and Banacanallo whereof he sold one to the Marquess of East for twenty thousand Crowns and the other he kept Having both his Forces and pay encreased he determines to seek new adventures going first to the aid of Pope Gregory the twelfth and having with great commendation recovered the Cities of Province that had revolted from him for his service therein was worthily rewarded with the dominion of five Towns From him he went to the Florentine and not long after to the Pisans from thence to the Florentines again under whom he served with such a number of our Nation both horse-men and foot-men that all Italy feared him with that success and increase of his honour and glorious renown that he was reputed to be the best Souldier of that age for he had learned by his long experience in the Wars having an exceeding ripe and quick conceit to force occasions to frame his resolutions and to make speedy execution being also as the opportunity required both hot in his fight and notable for his delayes in so much as sundry great Captains who were afterward highly renowned proceeded out of his School as from an exact master of Martial affairs The exploits that he had atchieved with good success were accounted for sure grounds and principles of Discipline as well amongst his very enemies as also amongst his own followers After many Victories obtained and an incomparable Renown amongst all men he deceased an aged man at Florence the Senate in reward of his well deserving honoured his ashes with a stately Tomb and the Statue of a man at Arms having chiefly by his conduct courage and valour preserved that City The Italian Writers both Poets and Historians highly celebrating his matchless Prowess enstile him Anglorum decus decus addite genti Italicae Italico praefidiumque solo Englands prime honour Italy's renown Who held their honours up from sinking down His Friends and Executours here in England raised a Monument or Tomb for him at Sible Heningham where he was born arched over and engraven to the likeness of Hawks flying in a Wood and founded such was the Religion of those times a Chauntry there for the good of his soul The Life of GEOFFERY CHAUCER THis famous and learned Poet Groffery Chancer Esquire was supposed by Leland to have been born in Oxfordshire or Barkshire but as it is evident by his own words he was born in the City of London as we have it from him in his Testament of Love Also in the City of London that is to me so dear and swéet in which I was forth grown and more kindely love have I to that place then any other in yerth as every kindely creature hath full appetite to that place of his kindely ingendure and to wilne rest and peace in that stede to adide thilke peace should thus there have béen broken which of all wise men is commended and desired For his Parentage although Bale he termeth himself Galfridus Chaucer nobili loco natus summae spei juvenis yet in the opinion of some Heralds otherwise then his vertues and learning commended him he descended not of any great House which they gather by his Arms and indeed both in respect of the name which is French as also by other conjectures it may be gathered that his Progenitours were Strangers but whether they were Merchants for that in places where they have dwelled the Arms of the Merchants of the Staple have been seen in the glass windows or whether they were of other callings it is not much necessary to search but wealthy no doubt they were and of good account in the Commonwealth who brought up their son in such sort that both he was thought fit for the Court at home and to be employed for matters of State in Forreign Countreys His Education as Leland writes was in both the Universities of Oxford and Cambridge as appeareth by his own words in his Book entituled The Court of Love and in Oxford by all likelihood in Canterbury or in Merton Colledge with John Wickliffe whose opinions in Religion he much affected For who shall read his Works will finde him not covertly but with full mouth to cry out against the vices and enormities of the Priests in those times Hear him in the Plough-mans tale Mennes Wives they wollen hold And though that they béen right sorry To speak they shall not be so bold For sompning to the Consistorey And make hem say mouth I lie Though they it saw with her eye His lemman holden oppenly No man so hardy to ask why Improving his time in the University he became a witty Logician a sweet Rhetorician a grave Philosopher a Holy Divine a skilful Mathematician and a pleasant Poet of whom for the sweetness of his Poetry may be said that which is reported of Stesichorus and as Cethegus was tearmed Suadae Medulla so may Chaucer be rightly called the pith and sinnews of Eloquence and the very life it self of all mirth and pleasant writing besides one gift he had above other Authours and that is by the excellencies of his descriptions to possesse his Readers with a stronger imagination of seeing that done before their eyes which they read then any other that ever writ in any tongue By his travel also in France and Flanders where he spent much time in his young years but more in the latter end of the Reign of King Richard the second he attained to a great perfection in all kinde of learning as Bale and Leland report of him Circa postremos Richardi secundi annos in Galliis floruit magnamque illic ex assidua in literis exercitatione gloriam sibi comparavit Domum reversus forum Londinense Collegia Leguleiorum qui
they their Books and rankt their dispositions into several forms for that Schoolmaster deserves to be beaten himself who beats nature in a Boy for a fault The truth is our English Schoolmasters I mean the unworthier sort of them to conceal their ignorance and continue their profits keep Boyes in Lillies Grammar first to get it by short lessons by heart and then to construe it which they have a Book to help themselves with continuing so long in this no less slothful and knavish practice of theirs that Foot-boyes and Mechanicks in other Countries speak good familiar Latine before we are out of our Quae Genus it being a custom beyond the Seas to chuse a large Grammar as Disputerius or the like which they onely explain and then fall to their Vocubularies familiar Authors and Dictionaries and in a short time are able to travel with the Latine Tongue over the world Mr. Cambden taking great pains in the erudition of youth continued so for a long space till that he was called aside Queen Elizabeth making him first Richmond Herald and not long after Clarenceaux King of Arms so that here was the story as Mr. Fuller writes of Dionysius inverted who from a King became a Schoolmaster but here a Schoolmaster became a King I mean of Arms which place he discharged with great integrity being very carefull to preserve the memories of extinguish'd families and restoring many to their own rightful Arms as also to curb their usurpation who unjustly entitle themselves to ancient families Spending his time under a peaceable Prince he had leasure to compose those most excellent Works of his which he left behinde him as a Monument of his never dying fame Viz. his Britannia which he wrote in Latine since translated into English by Philemon Holland Doctor of Physick A Book which will speak its own worth better then my rude Pen can set it forth His History of the Reign of Queen Elizabeth the Original and true Edition of which he writ in Latin it was Printed at London in Folio The lesser Volumes Printed in Holland are corrupted That passage in favour of Mary Queen of Scots left out for which the doors of the Cloisters being shut too by one with a vizard to disguise he was soundly banged about the walks with these words often repeated For Queen Elizabeth and so was dismissed not knowing to his dying-day who bestowed so much pains upon him He wrote a Greek Grammar which for the clear method and brevity of it is out-done by no forreign nation His last book which one would have had written on his monument for his Epitaph Cambdens Remains contains the Languages Names Sirnames Allusions Annagrams Armories Monies Empresses Apparel Artillery wise Speeches Proverbs Posies and Epitaphs To recreate the Reader I think it not amiss to relate some few passages out of this last mentioned book that it may appear that our most gravest Authors would many times mix somewhat of mirth with their more solid writtings to draw the Reader on as well by pleasure as profit Amongst other pleasant passages he mentions Johannes Erigena sirnamed Scotus a man renowned for learning who sitting at the Table in respect of his learning with Charles the Bald Emperour and King of France behaved himself as a slovenly Schollar nothing courtly whereupon the Emperour asked him merrily Quid interest inter Scotum Sotum What is the difference between a Scot and a Sot He merrily but yet malapertly answered Mensa the Table as though the Emperour were the Sot and he the Scot. In another place he mentions the Emperour did set down unto him a dish with two fair great fishes and one little one willing him to be carver unto two other Schollars that sat beneath him this Master John who was but a little man laid the two great Fishes upon his own Trencher and set down the other little Fish unto the two Schollars who were big men which when the Emperour saw he smiling said In faith Master John you are no indifferent divider yes if it like your Highness very indifferent said he for here pointing to himself and the two great Fishes be two great ones and a little one and so yonder reaching his hand towards the Schollars are two big ones and a little one He continues with the pleasant relation of Winefridus born at Kirton in Devonshire after sirnamed Boniface who converted Freesland to Christianity was wont to say In old time they were golden Prelates and wooden Chalices but in his time wooden Prelates and golden Chalices Then discourses in another place of Ethelwold the Bishop of Winchester in the time of King Edgar in a great famine sold away all the sacred Gold and Silver Vessels of his Church to relieve the hunger-starved poor people saying That there was no reason that the senseless temples of God should abound in riches and living Temples of the Holy Ghost starve for hunger In another place that when Hinguar of Denmark came so suddenly upon Edmund King of the East-Angles that he was forced to seek his safety by flight he happened unhappily on a troop of Danes who fell to examining of him whether he knew where the King of the East-Angles was whom Edmund thus answered Even now when I was in the palace he was there and when I went from thence he departed thence and whether he shall escape your hands or no God knoweth But so soon as once they heard him name God the godless infidels pittifully martyred him In another place he takes notice of a quick retort to Geffery base Son to King Henry the Second who being by him advanced to the See of Lincoln would in his Protestations and Oaths alwayes protest By my faith and the King my Father But Walter Mapes the Kings Chaplaine told him You might do as well to remember sometimes your Mothers honesty as to mention so often your Fathers Royalty As also of Eubulus a scoffing Comical Greek Poet who cursed himself if ever he opened his mouth against women inferring albeit Medea were wicked yet Penelope was peerless if Clytemnestra were naught yet Alcestes was passing good if Phaedra were damnable yet there was another laudable But here saith he I am at a stand of good women I finde not one more but of the wicked I remember thousands To this purpose I have read in an old Manuscript Women are all in extrems too willing or too wilful too forward or too froward too friendly or too fiendly too courteous or too coy the mean they alwayes meanly account of As also of a certain Captain who being perswaded to marry replied no If I marry a Wife she will be wilfull if witty then wanton if poor then peevish if beautiful then proud if deformed then loathsome and the least of these is able to kill a thousand men But I fear I have been too prolix I shall onely adde one story concerning Cardinal Wolsey then give you a taste amongst many others of some of his
Edward notwithstanding continues his Siege to the relief whereof King Philip sends all the Forces he could make But by the mediation of the Lady Jane of Valois who was Sister to King Philip and Mother of King Edwards Wife a truce was concluded from Michaelmas till Midsummer and both their Armies again dissolved Edward hereupon puts out of pay his forreign aids and returning into England had notice that the Scots besieged the Castle of Striveling for relief whereof he makes all the haste he can but being disappointed of his provision that was to come by Sea he makes a Truce with the Scots for four moneths and returns home during this truce the Scots send to King David who upon their message leaves France and returns into Scotland and as soon as the truce was ended with a strong Army enters Northumberland besiegeth New Castle upon Tyne but is valiantly resisted by John Nevile the Governour who took the Earl of Murray prisoner and slew divers of his men from thence he passeth into the Bishoprick of Durham where he useth all kinde of cruelty killing men women and children burning and destroying Houses and Churches untill he came to the Castle of Salisbury but hearing of King Edwards approach who certified of these things made all the haste he could he returns homewards King Edward pursues for three dayes together at length a truce was concluded for two years and William Earl of Salisbury prisoner with the King of France was set at liberty in exchange for the Earl of Murray Whilst Edward was thus busied about the Scots a new difference arose in France John Earl of Monfort claims the Dutchy of Brittain and in pursuance of his title is taken prisoner by the French King his Wife solicites King Edward for succour who sends her aid under the conduct of Robert of Arthois and not long after follows himself Philip sends aid to Monforts Competitor and both Armies encamp near to the City of Vannes where was like to have been a cruel Battel had not Pope Clement the sixth interposed two Cardinals from him conclude a peace Vannes is delivered up to the French King and the Earl of Montfort is set at liberty The murmuring Drum now silenced and stern Mars for a while confined to prison least rusty idleness should entomb their worth and want of exercise make them forget their Arms King Edward erects a round Table at Windsor in imitation of the Renowned Arthur and to invite great men from forreign parts rich Salaries are the reward of high designs King Philip fearing this association would be to him of ill consequence writes after Edwards coppy and erects a round Table in his own Countrey to allure the men of War of Germany and Italy and so to keep them from coming into England King Edward thus prevented in his design by the French King institutes the most honourable order of the Garter the Original case whereof is dubious some conjecture that it arose for that in a Battel wherein he was victorious he gave the word Garter for the word or sign Cambden saith King Edward the Third founded this order to adorn Martial vertue with honours rewards and splendour The Original Book of the Institution deduces the invention from King Richard the First and that King Edward adorned it and brought it into splendour but the common received opinion is that a Garter of his own Queen or as some say of Joan Countess of Salisbury slipping off in a Dance King Edward stooped and took it up where at some of the Nobles that were present smiling as an amorous action he seriously said It should not be long ere Sovereign Honour were done to that Garter whereupon he afterwards added the French Motto Honi soit qui maly pense therein checking his Lords sinister suspicion Nor need we with Polydor Virgil trouble our selves to make an Apology for the courseness of this Original since according to the Poet They swell with love that are with valour fill'd And Venus Doves may in a Head-piece build The number of Knights in this order is six and twenty whereof the King is alwayes president so much accounted of in other Countries that there have been nigh twenty and six forreign Emperours and Kings of the same the glory whereof by a learned Poet is celebrated for to be such That now Burgundians scorn their fleece of Gold The French the Escalopt Collar set with grace Their Crossed weeds Rhodes Elba Alcala hold As worthless all matcht with thy George are base King Edward whose Eye was fixt upon France as the mark of his Conquest having notice that King Philip had put many of his friends to death in Normandy namely Clisson and Bacon Knights of the best note glad that the truce was broken on King Philips part prepares again for the invasion of France and taking along with him the young Prince of Wales with an Army of 2500. Horse and 30000. Foot arives in Normandy where he took and and sackd many Towns of Importance Clissons hands being nailed on the Gates of Carenton he turns it into Cinders making a Funeral-pile thereof for his slain friend He takes also the populous and rich City of Caen marching with his Army to the very Walls of Paris Philip awakened with Edwards Victories raises one of the greatest Armies that ever were seen in France Edward laden with spoil is not unwilling to retire which Philip interpreteth a kinde of flight the River of Some he passeth with much danger and defeats Gundentor du Foy who was placed there to hinder his passage King Philip set on fire with his disaster resolveth to give King Edward Battel who was incamped nigh to a Vilage called Crescy his Army consisting of 30000. he divided into three Battalions the first whereof was led by Edward the Black Prince of Wales having in his company Beuchamp Earl of Warwick Godfrey of Harecourt the Lords Stafford Laware Bourchier Clifford Cobham Holland c. together with the number of 800. men at Arms 2000. Archers and 1000. Welch In the second Battel were the Earls of Northampton and Arundel the Lords Ross Willoughby Basset Saint Albane Malton c. with 800. men at Arms and 1200. Archers The third and last Battel was commanded by the King himself having in it 700. men at Arms and 3000. Archers The French Army was far greater consisting of sixscore thousand men having in it the two Kings of Bohemia and Majorica and of Princes Dukes Earls Barrons and Gentlemen bearing Arms about 3000. The vantguard was led by the King of Bohemia and the Earl of Allanson The main Battel King Philip commanded himself and the Earl of Savoy the Reer But since in this Battel the Prince of Wales was the chief General I shall refer the further prosecution thereof to the description of his following life and proceed in our History of King Edward who after the good success of this Battel marched directly to Calice resolving not to stir untill he
of Mr. Lilburne was for differences betwixt the State and him Master Lilburne desired that Master Prideaux might be excepted against as his enemy one of the faction of the Court against his life Judge Keble told him that he spoke irrationally and indiscreetly he having so fair respect and so free a hearing to except against so great a Minister of the Court afterwards Judge Jermyn a sound Lawyer but a better forenoon then afternoons man said That since Master Lilburne begun to plant his Ordnance against the Authority of the Court that the Court did sit by a lawful Authority derived from the Parliament the supreme Authority of England that he was accused of High Treason had his Jury of Freemen of London Citizens men of religious integrity he instanced many cases to him concluding that he desired him to put himself upon his Tryal by Law and to hear with patience those offences of Treason were laid to his charge Master Lilburne notwithstanding continued to use several arguments against the Commission of Oyer and Terminer which he knew to be that by the virtue of which they did sit and since he was to be tryed for his life he desired to hear their Commission read but since they had denyed him that he desired all his friends to take notice how contrary to reason and equity they dealt with him Judge Keble urged him still not taking notice of his Traverses to hold up his hand at the Bar which he explained to him was no more but a special notice that the party is the man inquired for and therefore if he were John Lilburne the man that was charged he bid him but say that he was the man and that he was there and that should suffice Lilburne accordingly said I am John Lilburne Son to John Lilburne Judge Jermyn afterwards to perswade him to hold up his hand gave him two reasons why that custom had been alwayes used First for notice that those who are called for capital and criminal offences that they should hold up the hand to declare that they are the men Secondly he said that a pure innocent hand did set forth a clear and unspotted heart for which reason he bid Mr. Lilburne hold up his hand if he refused to do it he deprived himself of the prime benefit of the customs of England Master Lilburne still quibling with the Court and refusing Judge Keble gave order that the Indictment should be read to which purpose Master Broughten read Hold up your hand Master Lilburne and hearken to the charge thou standest indicted of High Treason by the name of John Lilburne late of London Gentleman for that thou art a false Traytor not having the fear of God before thy eyes but being stirred up and moved by the instigation of the Devil c. After he had read it out Master Broughton said What saist thou John Lilburne art thou guilty of this Treason of which thou standest indicted or not guilty Lilburne answered That by the Laws of England he was not to answer questions against or concerning himself Another Judge said Master Lilburne by the Laws of the Land you are to plead to your charge and it is no accusing of your self to say you are guilty or not guilty Master Lilburne instanced the Petition of Right to the former purpose he also excused himself as he was ignorant of the formalities of the Law having none of the Law Books in English and therefore fore them to take away his life in a Language he understood not was extream hard therefore he humbly desired to have Councel assigned him to consult with Judge Keble told him he could not grant him that favour it was not consistent with the Law Master Lilburne still refused to plead without Councel withal he said he was not guilty in any of the treasons in manner or form as they were laid down in the Indictment pointing to it and withal said Now I have pleaded and crave the Liberties of England that you will assign me counsel Master Boughton said By whom wilt thou be Tryed Lilburne replyed By the known Laws of England and a legal Jury of his equals constituted by Law One of the Clerks said you must say by God and your Countrey Master Lilburne said he never read in the Laws of England that he was to plead in that manner Judge Keble explained the word Countrey to him saying By it was meant a Jury of his equals Master Lilburne desired as he had bin a prisoner seven moneths deprived of Books that he might have a reasonable time allowed him to prepare himself for his Plea and Defence or else to knock him in the head in the place where he stood for he must needs be destroyed if they denyed him the means of his preservation After many of his evasions Judge Nichols told him that if he would not be lead by the proceedings of Law it would be worse for him Master Lilburne instanced the freedom of his Tryal at Oxford the Judges in effect told him that he was now at London on a different manner of fact He answered they might murther him if they would observing Master Prideaux the Atturney General whispering Judge Thorpe in the ear he said on the Bench It was not lawful for a Judge to be whispered To which Judge Thorpe replyed that as he was the prosecutor of the State against him he might confer privately with him Master Lilburne quoted to the contrary Cooks Institutes the third part Cap. Treason upon which Judge Keble took him up short and said that if he would not come to something and behave himself according to the bounds of Reason and Law he would cause his Jury to be returned Master Lilburne replyed that he desired to have the priviledge of the Laws of God which he said he himself must acknowledge to be the Law of England and he was sure that the Law of God was that they should do as they would be done by now he said it could not be by the Laws of God for his adversaries to have the helps of all manner of councels by snares quirks tricks and provocations to take away his life and for him to be denyed the benefit to consult with any to preserve himself against such potent malice Judge Jermyn answered the question was not whether the Law of God and the Law of reason and the Law of man may be consonant to each other and whether the Court or John Lilburne shall be Judges thereof that was the question Master Lilburne crying for all equity to himself but allowing the Court none Judge Keble said further that when a man had done such treasonable things that it was the Law of God that he should answer directly and positively whether he were guilty or no and if he answer not guilty and they be not fully proved against him there is no more to be said After some other trifling pro and con Master Lilburne compared the prerogative that he said the Judges made
Prisoner at the Bar presented before the Court here take your Jury of Life and Death if therefore Master Lilburne you will challenge them or any of them you must challege them before that they go to be sworn Cryer Every man that can inform my Lords the Justices and the Atturney General of the Commonwealth against Master John Lilburn Prisoner at the Bar of any Treason or Fellony committed by him let them come forth and they shall be heard for the Prisoner stands upon his deliverance and all others bound to give their attendance are upon pain of forfeiture of their Recognizance to come in Master Lilburne desired to be heard a few words the Judge told him he must talk in his legal time and take legal exceptions and then he should be heard till midnight Master Lilburne desired to be heard he said he did not know the faces of two men that were read to him therefore he desired that he might have time to consider of them Judge Keeble told him that he ought not to have it Master Lilburne desired the Judge that he would at least vouchsafe him to have some friends by him that are Citizens of London that knew them to give him information of their quality and conditions without which he said they might as well hang him without a Tryal Mr. Sprat or Master Robert Lilburn challenged one of the Jury which the Judge excepted against and commanded the Fellow in the white cap should come out there pull him out Master Lilburne replied that they did not deal civilly according to their own Law and now there was a full noise the whole cry was to pull down the Stag of the Petition of Right The Jury being called he excepted against several persons of the Jury six lived about Smithfield one in Gosling-Street two in Cheapside two in Broad-street one in Friday-street After his particular exception Master Broughton proceeds and reads his Indictment Hold up thy hand John Lilburne Thou standest here indicted of High Treason by the name of John Lilburn late of London Gentleman for that thou as a false Traytour not having the fear of God before thine eyes but being stirred and moved up by the instigation of the Devil didst endeavour not onely to disturb the peace and tranquility of this Nation but also the government thereof to subvert now established without King or House of Lords in the way of a Commonwealth and a free State and happily established and the Commons in Parliament assembled being the supream Authority of this Nation of England to disgrace and into a hatred base esteem infamy and scandal with all the good true and honest persons of England to bring into hatred that is to say that thou the said John Lilburne on the first day of October in the year of our Lord 1649. and on divers other dayes and times both before and after in the Parish of Mary the Archess in the Ward of Cheap London aforesaid of thy wicked and devillish minde 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 trayterous writing in paper entituled A salva libertate and by another scandalous poysonous and trayterous Book entituled An Impeachment of High Treason against Oliver Cromwel and his son-in-law Henry Ireton Esquires late Members of the late forcibly dissolved House of Commons presented to publick view by Lieutenant Collonel John Lilburn close Prisoner in the Tower of London for his real true and zealous affection to the liberties of this Nation and by another scandalous poysonous and trayterous Book imprinted and entituled An Out-cry of the yong men and Apprentices of London or an inquisition after the lost fundamental Laws and Liberties of England directed August 29. 1649. in an Epistle to the private Souldiers of the Army especially all those that signed the solemn Engagement at New-Market Heath the fifth of June 1647. but more especially the private Souldiers of the Generals Regiment of Horse that helped to plunder and destroy the honest and true hearted Englishmen trayterously defeated at Burford the fifteenth of May 1649. And also by another scandalous poysonous and traiterous Book intituled The legal fundamental liberties of the people of England revised asserted and vindicated didst publish that the Government aforesaid is tyranical usurped and unlawful and that the Commmons Assembled in Parliament are not the Supreme Authority of this Nation and further that thou the said John Lilburne as a false Traitor God before thine eyes 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 Lilburne afterwards that is to say the aforesaid first day of October in the year of our Lord 1649. aforesaid and divers other dayes 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 do those wicked malicious and traiterous advisement to put in execution c. and thou the said John Lilburne afterwards that is to say the aforesaid first day of October in the year of our Lord 1649. aforesaid and divers dayes and times as well before as after at London aforesaid that is to say in the Parish and Ward aforesaid of thy depraved minde and most wicked imagination in and by the aforesaid scandalous poysonous and trayterous book Intituled An impeachment of high Treason against Oliver Cromwel and his son-in-law Henry Ireton Esquires late Members of the late forcible dissolved House of Commons presented to publick view by Lieutenant Collonel John Lilburne close prisoner in the Tower of London for his real true and zealous affection to the Liberties of his native Countrey falsly maliciously advisedly and traiterously didst publickly declare amongst other things in the said Book those false scandalous malicious and traiterous words following but my true friends meaning the friends of the said John Lilburne I meaning the foresaid John Lilburne shall here take upon me the boldness 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 rational and just things for the peoples liberties and freedoms That the foresaid John Lilburne hath seen or read in this Nation as your notable and excellent Petition of May the 20th 1647. burnt by the hand 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
know or ever heard of in England for good Law Judge Keble answered If you can convince us that matter of Law does concern you the Iury you say something Mr. Lilburne answered Sir I have been shuffled too much out of my Liberties already give me leave to read but the Law to the Jury I will make use of nothing now to them but your own words and when I have done I will leave my self to them and the guidance of God upon their conscience and having the Book open in his hand he said in the first part of Cooks Institutes sex 366. fol. 226 227 228. in his Exposition of Ployden hath these words The Lord Keble answered Have we dealt so fairly with you all this while pray be confident those that are quotations there are not for your purpose but I thought how good a Lawyer you were for to set Cooks Commentaries upon Ployden when there is no such Book or Commentary go to your matter of Fact which is clear but for this let it fall down and spare your self and trouble your self no more with Cook he has no Commentary upon Ployden But Master Lilburne prest to speak Judge Iermyn cryes out Hold Sir Mr. Lilburne replyes What will not you allow me liberty to read your Law O unrighteous and bloody Judges Judge Iermyn answers By the fancy of your own minde you would puzzle the Iury we know the Book a little better then you do there is no such Book as Cooks Commentary upon Ployden The Lord Keble said Sir you shall not read it Judge Iermyn sayes he cannot be suffered to read the Law he had broached an erroneous opinion that the Iury are Iudges of the Law which is enough to destroy all the Law in the Land there was never such a damnable heresie broached in this Nation before The Cryer cryes out Hear the Court. Master Lilburne answers Do your pleasure then here I le dye Jury take notice of their injustice but seeing they will not hear me I appeal to you and say It is an easie matter for an abler man then I am in so many interruptions as I meet with to mistake Ployden for Littleton I am surehere is Cooks Commentaries upon Littleton and these be his words In this case the Recognitors of the Assize may say and render to the Justices their Verdict at large upon the whole matter which I am sure is good Law forasmuch as we see it continually done in all actions of Trespass or Assault where the Jury doth not onely judge of the validity of the proof of the Fact but also of the Law by assigning what damages they think is just Lord Keble said I am sure you are in an errour in a gross one as possible a man can be in this is so gross that I thought it could not have come from Master Lilburne that professeth himself to be a rational and knowing man Master Lilburn goes on And in another place he saith For as well as the Jurors may have Cognizance of the Lease they also as well may have Cognizance of the condition And further there Cook saith Here it is to be observed that a special Verdict or at large may be given in any Action and upon any Issue be the Issue General or Special And in Section 368. Littleton hath these words Also in such Case where the Inquest may give their Verdict at large if they will take upon them the knowledge of the Law upon the matter they may give their verdict generally Cooks words upon it are fully to the same purpose who saith Although the Jury if they will take upon them as Littleton here saith the knowledge of the Law may give a general Verdict I am sure this is pertinent to my purpose and now I have done Sir The Lord Keble replyes You have spent a little time but you have done your self no good I thought you had understood the Law better then I see you do Master Lilburne Now Sir as to matter of Fact according to your own desire seeing you have broke your promise and will allow me no Councel but lye at catch with me sayes he I shall come to it without any Preamble The Statute of the 1 Edward 6. Chap. 12. I desire the Jury may take notice of the Statutes and the 5. and 6. of Edward the sixth Chap. 11. here 's the Statute Book which doth expresly declare That no man shall be condemned for Treason petty Treason nor any such like Crimes but by the Evidence and clear proof of two legal and sufficient Witnesses Sir Edward Cook in his third part Institutes Chapter of High Treason is absolutely of the same opinion folio 12 In this branch sayes he four things are to be observed First this word proveablement proveably that is upon direct and manifest proof not upon conjectural presumptions or inferences or strains of wit but upon good and sufficient proof of two Witnesses and this is folio 12. And here in the Adverb proveablement proveably hath a great force and signifieth a direct and plain proof And secondly This word attaint necessarily implyeth that he be poceeded with and attainted according to the due course and proceedings of Law and not by absolute power or by other means as in former times it hath been used And folio 24. Chap. Petty Treason he saith It hath been holden that upon the Tryal of misprision of Treason there must be two lawful Witnesses as well upon the Tryal as the Indictment as it was resolved by the Justices in the Lord Lumleys case Hill 14. Eliz. reported by the Lord Dier under his own hand and in the margent he hath this note upon it That this is the last resolution of the Judges upon it And a litttle below in the same folio and folio 25 he saith Therefore upon the Indictment which is in manner of an accusation by the Statutes of 1. Edward 6. Cap. 12. 5. 6. Edward 6. Cap. 11. Two lawful Witnesses are requisite And in folio 240. he hath the same his words are these Attainders of Treason c. ought to be upon plain and direct evidence as before is said for if the party be executed restitution may be had of his Lands but never can be had of his life Now I have done Sir Lord Keble I hope the Jury hath seen the Evidence so plain and so fully that it doth confirm them to do their duty and to finde the Prisoner guilty of what is charged upon him J. Iermyn This that you have said makes much for the Iury. Afterwards there were several witnesses examined Mr. Thomas Newcomb as to a Book he printed the last sheet of it entituled The Apprentices Out-cry which Mr. Newcomb by circumstances acknowledged was taken before it was perfected Afterwards John Took John Skinner Thomas Lewis John Hawkins John Merriman the Witnesses were sworn all which Master Lilburne did so order with his Queries and confident Questions that they were at their wits ends Mr. Lilburne all
this while having the subtlety not to acknowledge his own hand which occasioned Master Atturney Prideaux to say you may see the valiantness of the Champion for the peoples Liberties he will not own his own hand Master Lilburne said he denied nothing but would have them to prove it For his other Book an Impeachment of High Treason against Oliver and his Son-in-law Henry Ireton late Members of the late forcibly dissolved House of Commons presented to the publick view by Lieutenant Collonel John Lilburne close Prisoner in the Tower of London Mr. Atturney said My Lord I doubt he will not own it Mr. Lilburne said again he should deny nothing he had done but he had read the Petition of Right which taught him to answer no questions against himself he said that he had read that it was practised by our Saviour Christ and his Apostles our Saviour answering Pilate with onely Thou sayest it For as to his Preparative to the hue and cry after Sir Arthur Haselrig the Lieutenant of the Tower said it was true that Lieutenant Collonel Lilburne gave him such a Book in the Tower but he could not say whether that was the same Book he delivered him Mr. Nutleigh and Mr. Radny two Witnesses put Mr. John shroudly to his shifts He was come to St. Francis his equivocation when one askt him that was newly robbed which way the thief went he stretching out his arm said not this way meaning through his sleeve For his Book called The Legal Fundamental Liberties of England the Atturney General did not put much weight upon that as also of his Book De salva libertate but he proceeded to produce an Act of Parliament of the fourteenth of May 1649. declaring what offences should be adjudged High Treason which were read over The chief clauses that Master Atturney insisted upon against Mr. Lilburne were these That if any person shall maliciously or advisedly publish by writing printing or openly declaring that the said Government is usurped tyrannical or unlawful or that the Commons assembled in Parliament are not the Supream Authority of this Nation These sayes Mr. Atturney we shall joyn together with Mr. Lilburnes books to which making particular application he inferred that Mr. Lilburns Books were accordingly trayterous to which purpose he caused the Clerk to make particular references to several pages of his Books Master Prideaux causing these words to be read out of one of Master Lilburns Books That the Parliament are usurping Tyrants and their new thing called their Councel of State undoubtedly the most if not all of them must go to Tyburn or Tower-hill there by the Halter or Ax to receive their just deserts to which he affixed Amen There is an Amen pronounced to us sayes Mr. Atturney let him have it that deserves it and according to the Atturneyes direction several pages of his Books were still quoted and read on then Mr. Atturney exprest himself to the Court to this purpose sayes he My Lords if I should say nothing more to the Iury but what hath been instanced and said there is pregnant proof already but yet my Lord further to prove the malice of Mr. Lilburnes heart and that he did intend to subvert and destroy the Parliament he caused the Clerk to read some other passages of his Books out of which he proved that he had blown a Trumpet for all his friends to take up Arms against the Parliament to which purpose he went about to seduce the Army which he calls his fellow Countrey-men Thus I have already exprest the particular advantages that might be for the Atturneys Plea to Master Lilburns detriment to the proving of no less then High Treason through several pages being quoted successively throughout every Book to that determined purpose Mr. Lilburne after he had compared the Judges to the Scribes and Pharisees and their usage of himself to Christ closing to his former expression Thou sayest Mr. Prideaux they are my Books he bid him prove it Mr. Prideaux speaking to the Jury said Gentlemen there are proofs enough and too many that he had no more to say to them but that if they respected the government of the Parliament the honour of the Councel of State the honour of the Nation or of the Army or the preservation of the Law they could not but say that the prisoner was guilty of such crimes and treasons as he was lawfully accused of and accordingly they could not but finde him so He ended that he desired the Act of Treason might be made use of Master Lilburne again pretended himself to be tired and oppressed but at the present not being understood he desired that he might refresh his body with the air which could not be obtained All this while he struggled out a little respite at last after these lingerings the Judge resolvingto be no longer delayed commanded the Chair to be taken away for it grew late Now it was time for Master Lilburne to show himself a right Collonel Iohn after his so long baffling and fooling of the Judges he was Counsel to himself he pleaded his own Cause with such subtilty with such a perfect recollection of all the former transactions of his Tryal and withal indisputably confident of his Jury he knew he could not tread awry he being left invulnerable except in the heel which was onely in his own most necessary inscrutable reservations he closed his long speech of clearing himself with some necessary insinuations to the Jury where the strength of this Sampson did chiefly lie To them he declared the integrity of his life his merits and the hard usage he had received from the present Government being interrupted he earnestly desired the Jury to take notice of the blood-thirsty cruelty and malice of his enemies all the while soundly clawing of his Jury with such words that he was happy in the care and conscience of his honest Jury fellow Citizens and Freemen of England who were to be the Conservators and Judges of his life having in themselves the Judicial power of the Land the Judges that sit there being no more if they pleased but as Ciphers to pronounce the sentence of their Clerks to say Amen They being at the best in their originals but the Norman Conquerers Obtruders He called his Jury the keepers of his life at whose hands if they did not do him justice the Lord would require his blood he desired the Lord God omnipotent to direct then the Governour of heaven and earth and all things therein contained to go along with them and give them counsel to do that which is just for his glory the people with one voice crying Amen Amen Which made the Judges look untowardly about them and caused Major Gen. Skippon to send for three fresh Companies more of Foot Souldiers After which Mr. Atturney General told the Jury that they had heard the evidence in the behalf of State laying the business to their conscience that they should be careful to do justice