Selected quad for the lemma: cause_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
cause_n	court_n	justice_n	law_n	3,065	5	4.7299	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

of the danger of the man they may do it before ever they see him The next thing you are upon is the wrong and injustice that you received by the proceedings in the Star-chamber against you you see the proceedings there have been questioned and you justified if there be any thing else that hath been by others in the North or elsewhere acted there is no man here that will justifie them in their evil but for a private man as you are to tell us of them here and to come and tell us to our faces that we are Created and constituted by the Atturny General we will not suffer it nor further hear of it and therefore M. Lilburn although you have spoken fair words and happily more then your friends expected from you I must tell you that words are but words and it were well that you would do as well and as Rationally as becomes a Rational man as you have declared you will Lieut Col. Lilburn With your favour but one word more Judge Jerman M. Lilburn pray spare a word and hear the Court this Court sits here by lawful Authority and that is from the Parliament that are the Supreme Authority of England so that our Power is not derived from those that have no Rightful Authority to constitute us but our Power is from the Publick Authority of England which is now by an Admirable act of Gods providence lately but truly revived and settled by God upon them By that Authority this Court doth now sit and you are brought here before them that are most of us Judges of the Law and we are sworn to do you and every man justice and right according as his cause requires according to Law Judgement equity and reason And it was said truly that which my brother Heath who now is dead did say It s the the duty of the Judges to be of Councel with the Prisoner at the Bar before him and to do that which they are sworn to do and that you shall have and accordingly you have received more favour then ever I heard of a Prisoner that was accused of Treason in my life ever had And as for the Commission I must tell you it is usual to have Commissions of Oyer and Terminer and that even in Terme time for high offences and such as tend to the destruction of the Nation as Overburies did and those that tend to Capital Treason whereof you are now accused by a Grand-jury of London that are Free-men of London Citizens able men men of Religion men of Estate men of Conscience men of quality these are your accusers who have found you upon their Oaths guilty of Treason and cry out to us the Judges for justice against you and it is they not we that proceeds against you And as for our Commission it is according to the good old Laws of the Land founded upon the Statute made in Edward the firsts time called Westminster the second That Statute Authorizeth Commissions according to that Commission we sit by here this day and Edward the first was a wise and a good Prince and consented to the People to let them have such Commissions as ours we sit by is which the People had fought stoutly for in the Barrons wars in his Fathers time and also in his for he himselfe was taken Prisoner at Lewes in the County of Sussex and being a wise Prince he knew that the love of the people was not more to be got then by wholsome and safe lawes that every mans life and every mans estate and every mans liberty might be preserved by and not be subject to any Arbitrary Will or Power but that the sober and discreet and wise Lawes of the Kingdome which our Ancestors won by their swords might be their protectors a speciall one of which was this Statute of Westminster the second made in Edward the Firsts time by vertue of which Statute is this Commission directed to the Justices of the one Bench and the other and they be all here this day but onely those that of necessity must attend at Westminster onely to preserve the Terme Nou you are come to answer to that Charge which hath been the greatest opposition to the settlement of Government that can be I mean the settlement of the Supreme Authority of the Nation in the Commons now assembled in Parliament not newly erected but revived into the right place and hands for it is the Law of England revived that the Supreme Authority is in the * But by his favour never before practised nor used without both King and Lords a president of which he is desired to shew and produce out of any of his Law Books Commons assembled in the Parliament of England For so it was in the Saxons time and in the Romans time and in all times * But there was before the Conquest neither Innes of Court Lawyers nor Term Iudges in England but onely twelve good and legal men chosen in each Hundred finally to decide all controversies which lasted till William the Conqueror subdued that excellent Constitution and instead thereof introduced by His Will and Sword contrary to His Solemn Oath three several times taken the intolerable bondage of Westminster Hall or Term Judges and their Outlandish or Norman Law Practise in the French Tongue as all the English Chronicles universally and truly declare it hath bin as it is now which will sufficiently justifie our present Proceedings against you and therefore I say for the Commission it self it is in general for the Tryal of all Treasons what-soever But the grand Inquest have found out no other Traytor that they may accuse but Master John Lilburn who is now here at the Bar But it is not a bare accusation but it is the solemne Verdict of almost a double Iury that hath appeared upon the Roll and upon their Oaths do conceive those crimes of Treason that are laid against you to be of so dangerous consequence against the State and Common-Wealth that they do call for Iustice against you as a Traytor already found guilty And therefore I do require you as you are an Englishman and a rational man that you do conform your self and tell us plainly what you will do as in reference to the putting your self upon your Tryal by the Law and hear with Patience those Offences of Treason that are laid to your Charge Lieut. Col. Lilburn May it please you Sir by your favor I shall not now trouble you with many words Lord Keeble You go improperly to work Lieut. Colonel Lilburne That Gentleman I do not know his Name pointing to Judge Iarmen you were pleased to say that I have had more Favour then ever you have heard of any before ever had in the like case But Sir by your Favour I shall tell you of some that in the like case have had as much if not more and that was Throgmorton in Queen Maries time who was impeached of higher Treason than now I am

and pistol the late King which by Law was the highest of Treasons did conceive himselfe in regard of his ignorance unable to defend himself singly against his enemies designe which was to take away his life whereupon he becomes an humble suitor to the Lord Chief Barron Wilde that he might have Councel assigned him and the Court before ever the Grand Jury received any testimony against him to find the Bill assigned him Councel who as I understand were one Mr Nichols now a Judge of this Bench and sitting there and Mr Maynard of the Temple they were both assigned his Councell and from Mr Maynard himself I have it yea from his own mouth who being assigned his Councel they came into the court where the grand Jury was called before the Judge M. Maynard and M. Nichols now a Judge here had liberty there to be in the open Court where the witnesses before the Indictment was found was called and in open Court was sworn and in open Court gave in their Evidence before the Grand Jury Major Rolfes Councell being by in open Court to hear all the Evidence that was given against Major Rolfe who in his Indictment was Indicted for two matters of fact the first was that he had declared that in such a moneth and at such a place he had an intent to Pistoll the late King which by the letter of the Law of the 25 Edw 3. chap 2. was Treason then there was another Charge that such a day he had so said or declared to Poison Him in the presence of such a one and they were both put into one Indictment whereupon Mr Maynard being assigned by the L Chief Barron Wilde that now is to be of Councel for Rolfe in the same Case but with abundance of more advantage to him that I am now in Mr Maynard was then of Councel to the prisoner and had liberty to hear what the witnesses swore against him and to make his best advantage of it and that in open Court before the Indictment was found by the Grand inquest and although there were two expresse witnesses against him yet but one of them swore to one thing and another to another Mr Maynard being one that knew the Law better then Major Rolfe did himself he applied the two Statutes of Edward the sixth viz. the 1 Edw 6. chap 12. and 5. and 6. of Edw 6. chap 11. to Rolfes Case which Statutes doe expresly declare That no man ought to be convicted of Treason but by two sufficient witnesses upon plaine and clear evidence to each fact of Treason which evidance as Sir Edward Cook saies in third part of his Institutes ought to be as clear as the Sun at noon-day and not upon one single witnesse and upon conjecturall presumptions or inferences or straines of wit Now Sir I am an English-man as well as Major Rolfe and I have been an Officer in the Parliament Army as well as he and there fought for them as heartily as ever he did in his life and he was accused for the highest of English Treasons and therefore I humbly crave that in regard there are many particular errours in the Indictment as to matter time place that therefore in reference to the illegality of the Indictment according to this President by one of your own fellow Judges that you would according to my birth-right declared in Major Rolfes Case assigne me Councell as he had to help my ignorance that so I may not be destroyed by surprisall and illegall and unjust prerogatives L. Keable You see with what a great deal of favour in stead of a few words we have heard you many this is a priviledge but this that you say upon it it may be it was done but that we doe shall be according to that you and we shall find to he according the Laws of the Land and our conscience and the priviledge of the Subject that that they did before the Grand Jury and the witnesses the witnesses are here sworn in Court in presence of the Grand Jury so far we goe with them that of M. Maynard and M. Justice Nicholls being assigned Councell for what cause it was then they best know it is nothing that doth now concerne us though the Treason was against those Laws that then were in being we must come to proof it may be he confest his fact if you will doe so too it alters the case L. Col. Lilb No Sir he never confest it for if he had he had been found guilty but he was saved meerly by the skill and honesty of his Councel M. Maynard and his Indictment nuld an evaded before ever the Grand Jury found it and that upon this point of Law because by the two Statutes of Edward 6. there ought to be two plain and clear witnesses to every part of Treason and though Rolfe was accused by two witnesses yet there was two facts and but one witnesse to the proof of each of them L. Keable When you come to tryall if we see there be need of Counsel the Court will be instead of Counsel to you nay the Court if they see any matter of Law for Counsel though you doe not ask it they will give you it and therefore set your heart at rest for if there be any thing rationall in Law that we can spie out as well as your Counsel we will help you in it L. Col. Lilb Sweet Sir I crave but one word more I am upon my life and if you deny me what the Law affords me and that which hath been granted to be Law by Cavalier Judges yea and by your fellow Judges who are now in power at this day the Lord deliver me from standing in need of you to be my Counsel Iers L. Keable We are upon our lives too as well as you L. Col. Lilb No by your favour not in so iminent a manner as I am L. Keable We are upon our lives and our souls to all eternity L. Col. Lilb Sir I beseech you hear me one word L. Keable I will hear no more M. Pridiaux My Lord I desire the Court would proceed and not prolong time seeing he has pleaded not guilty and confessed something L. Coll. Lilb No Sir you doe me wrong and abuse me I never confessed any thing neither did I plead not guilty for my Plea was conditionall grounded upon your promises not to take any advantage of my ignorance in your formalities L. Keable Go on be silent M. Lilburn L. Coll Lilb If you take away my life without affording me the benefit of the Law my innocent bloud be upon your heads L. Keable Sir These passionate words will doe you no good you had better forbear them L. Col. Lilb Pray hear me then L. Keable Doe you say that we doe offer to take away your life Sir if we doe take it away contrary to law we are liable to smart for it but we shall judge what you have done the Lievt●nant Collonell pressing to speak was

as a Traytor before the Lord Chief Justice Heath for levying Warre at the Command of the then Parliament against the person of the King and when I came before him in the Guild-Hall of Oxford he told me there being present with him as his fellow Judge Mr Gardiner sometimes Recorder of the City of London now Sir Thomas Gardiner and others that sat by a speciall Commission of Oyer and Terminer from the King the which Commission I did not so well then understand as I hope I do now And my Lord Chiefe Justice Heath stood up in the face of all the Court in the face of all the Country present there told me Capt. Lilburne you are brought here before us for High Treason for leavying Warre in Oxfordshire against your Soveraigne Lord and King and though you be now in a Garrison and were taken in Armes in open hostility against the King yea Sir and I must now tell you in such hostility that we were but about 700. men at Branford that withstood the Kings whole Army in the field about five houres together and fought it out to the very Swords point and to the Butt end of the Musket and thereby hindred the King from his then possessing the Parliaments Train of Artillery and by consequence the City of London in which very act I was taken a prisoner without Articles or capitulation and was by the King and his party then lookt upon as one of the activest men against them in the whole company yet said Judge Heath we will not take advantage of that to try you by the rules of arbitrary Marshall Law or any other arbitrary waies but we will try you by the rules of the good old Lawes of England and whatsoever Priviledge in your Tryall the Lawes of England will afford you claim it as your Birth-right and Inheritance and you shall injoy it with as much freedom and willingnesse as if you were in Westminster-Hall to be tryed amongst your own party and this we will do for that end that so at London your friends shall not have any just cause to say we murdered you with cruelty or denied you the benefit of the Law in taking away your life by the rules of our own Wills Nay further said he Capt. Lilburn it is true I am a Judge made by my Soveraigne Lord the King according to his right by † See the 27. of Hen. 8. chap. 24. Law and soin a speciall maner am his Servant and Councellor and am to act for his good benefit and advantage And yet notwithstanding it is by the known Laws of this Land my duty to be indifferent and free from partiallity betwixt my Master and you the prisoner and I am specially bound unto it also by my Oath and therefore you shall have the utmost Priviledges of the Law of England which is a Law of mercy and not of rigor and hath the life of a man in tenderest and highest * See the 2. part Inst fo 28. 30. 42 43. 53. 315. 316. 591 3. part fo 34. estimation and therefore it is the duty of a Judge by Law to be of Councell with the Prisoner in things wherein by his ignorance he falls short of making use of the benifit of the Law especially when he is upon the tryall of his life Yea to exhort him to answer without fear if he perceive him daunted or amazed at the presence of the Court yea it is my duty to carry my self with all fairness and evenness of hand towards you And wherein that there shall seeme any mistakes to appear in circumstances or formalities to rectifie you For it 's my duty to help you and not to use any boisterous or rough language to you in the least to put you in fear or any wayes prevent the freedom of your defence and according to the Lawes of England this is my duty and this is the Law And accordingly he gave me liberty to plead to the errors of my Indictment before ever I Pleaded not Guilty yea and also became willing to assigne me what Councell I pleased to nominate freely to come to prison to me and to consult and advise with me and helpe me in point of Law This last he did immediatly upon my Pleading to the Indictment before any fact was proved all which is consonant to the Declared Judgement of Sir EDWAD COOKE that great Oracle of the Laws of ENGLAND whose Bookes are Published by speciall Orders * Which Orders are dated May 12 1641. Iune 3. 1642. you may at large read at the last end of his 2. part Institutes and Authority of Parliament for good Law who in his 3. part Institutes Chapt. Of high Treason fol. 29. 34. compared with fol. 137. 230. asserts the same Truly Sir I being now come before you to answer for my life and being no professed Lawyer may through my own ignorance of the practick part of the Law especially in the Formalities Nisities and Puntillios thereof run my selfe with over-much hastinesse in snares and dangers that I shall not easily get out of And therefore being all of a sudden bid to hold up my hand at the Barre I cannot chuse but a little demurre upon it and yet with all respect to you to declare my desirablenesse to keep within the bounds of Reason Moderation and Discretion and so to carry my selfe as it doth become a man that knowes what it is to answer for his life And therefore in the first place I have something to say to the Court about the first Fundamentall liberty of an Englishman in order to his triall which is that by the Lawes of this Land all Courts of Iustice alwayes ought to be free and open for all sorts of peaceable people to see behold and heare and have free accesse unto and no man whatsoever ought to be tried in holes or corners or in any place where the gates are shut and bar'd and guarded with armed men and yet Sir as I came in I found the gates shut and guarded which is contrary both to Law and Iustice Sir the Lawes of England and the Priviledges thereof are my Inheritance and Birth-right And Sir I must acquaint you that I was sometimes summoned before a Committee of Parliament where Mr. Corbet and severall others have had the Chaire and there I stood upon my right by the Lawes of England and refused to proceed with the said Committee till by speciall order they caused their Dores to be wide thrown open that the people might have free and un-interrupted accesse to heare see and consider of what they said to me although I think the pretence that I am now brought before you for be the very same in substance that I was convened before Mr. Corbet for which was about Bookes and I am sure there I did argue the case with him and the rest of the Committee soundly out in Law proving that they were bound in Law and Iustice freely to

or latitude of the Commission be consonant or no to the Petition of Right and other the good old Laws of England for those that now sit at Westminster exercising the Supreme Power by two special Declarations the one dated the ninth of February last and the other the seventeenth of March last have positively declared and called God to witness that they will maintain preserve and defend that excellentest of Laws the Petition of Right as in the seventh page of the last Declaration they call it and that the people of England shall enjoy all the benefit therein contained whether to Life Liberty or Estate with all things incident thereunto and therefore I humbly beg and crave that favor from you that seing to me you appear to be sent in an extraordinary manner not according to the ordinary Customs of the Lawes of England that you will be pleased to let me hear your Commission read that so I may consider of the consonancy thereof to the Petition of Right and other the good old Lawes of England and after the reading of it I hope I shall return you such an answer as doth become a rational and ingenious man who though he hath right to all the Priviledges of the Laws of England and hath read all the declared and plain Laws of England that are to me the fundamentals of all yet the practick part of the Law which are in other Tongues besides the English I cannot read know nor understand and in the Petition of Right and other the good old Fundamental Lawes of England I can find no Foundation or Bottome for such an extraordinary Court as this before my eyes seems to be and therefore I again make it my most humble suit to hear your Commission read Judge Kebell M. Lilburn you are fully heard M. Prideaux Atturney Gen. My Lord the Prisoner at the Barre nor none else have cause to complain that he hath wanted your patience in being fully heard My Lord that which at the begining of his Arraignment you expected from him which was to hold up his hand he denyed and upon his denyal desired liberty of speech to speak and he hath injoyed it But my Lord how pertinent his discourse is to what was proposed to him the Court and all that hear him will judge My Lord I am not here to justifie the actings of those that here he hath complained against but they are a Court they are a Councel and my thoughts are and so ought his to be honorable of them and what they have done my Lord towards him in ordering this Court to try him is but justice My Lord there is no speciall Commission of Oyer and Terminer but a generall Commission and upon that general Commission here is a special presentment of M. Lilburn here at the Barre the general Commission is according to the Law of the Land and upon that special presentment it is expected he may be proceeded against according to Law And for your Commission my Lord that hath been read and published to the Court before M. Lilburn came to the Court and the Court is satisfied with it that it is in the ordinary way and I hope the judgement you will give will declare it to be according to the Law in the ordinary way And as for the Commission it self in the form of it it is not a tittle varied from the ordinary accustomed form But my Lord the Petition of Right Magna Charta the Statutes and all Declarations that have been spoken of they are all confirmed in this and all do confirm it for in that ordinary tract that hath been practised in this Nation for five hundred years is M. Lilburn now to be tryed and that by the old good Lawes of England M. Lilburns Birth-right and every mans else he has his Triall the beginning of which hath been M. Lilburns presentment which is already found by the Grand inquest who are men of Integrity men of ability men of knowledge My Lord he is now to come to his Tryal not in an extraordinary way but by a Jury of good and Legal men of the Neighbour-hood by men that do know my Lord and understand what is fact what is Law * Mark that well for Judge Jermane caled it a damnable Doctrine when Mr. Lilburn declared the Jury were Judges of Law as well as of fact and to do justice indiffer ently between both And my Lord I do know and publish to all that now hear me that the Commission for Triall of M. Lilburn this day for those differences that arebetween the State and M. Lilburn is free in Law from all those exceptions that he is pleased to put upon it and is unquestionably Legal and used for these many hundred yeares together And as for M. Lilburns declaring the fact for which he was Originally imprisoned for to be committed in Surry and therefore there in Law he ought to be Tryed and not here in London being another County As for M. Lilburns Crimes committed in Surry his own Conscience best knows what they are but M. Lilburn at most can but yet guesse at what we intend to Try him here for or lay unto his charge But my Lord if M. Lilburn will please to put himself upon his Trial according to Law my Lord I hope the Court and all that hears and sees their proceedings will receive full satisfaction in the legality and fairness of their proceedings against him and himself the benefit of justice and Law Lieut Col. Lilburn Sir by your favour in two words I shall not be tedious I now perceive who is my accuser and prosecuter the Gentleman that is a very inequal one for he is one of the Creators being a Member of the House of you that sit here this day to be my Judges and therefore an overawing and unfit accuser or prosecutor Lord Keeble M. Lilburn I pray you hear me a word for now you speak not Rationally nor discreetly you have had a fair respect and hearing what you speak of liberties and lawes we come here to maintain them for all and for you too and we also come for to vindicate our actions and as for that you speak of in reference to the Commission I must let you know the Commission is warrantable by the lawes of England for this five hundred years nay and before five hundred years in substance The second thing that you speak to is that you were apprehended in such an hostile manner understanding by law you should have been taken in an ordinary way by an ordinary Officer But M. Lilburn in all apprehensions of Traitors Fellons and Murderers is not the Power of the County to be raised and the Sherife is to call and take what Power he pleaseth Lieut Col. Lilburn By your favour Sir not unlesse I resist which I did not and besides there was no Sherife nor no other civil Officer at my Apprehension Lord Keeble M. Lilburn spare your felf it is as they are informed

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

Mr Lilburne be an innocent man or no I pray put it to the finall issue and let the Law udge Leiut Col. Lilburne Vnder favour for me to be denyed Law which I conceive is done unto mee when I am denied Councell and to put the nicities and formalities of the Law upon me the signification of which are writ in such language and tongues as I cannot read much lesse understand and would you destroy me for the not knowing of that which it is impossible for me to know Sir I beseech you be not so extreame towards me that Gentleman saith the Law of God is the Law of England and it would have no snares laid to take away a mans life I pray let me have the benefit of that Mr. Atturney Once you had and it is but just you should and I am sure it will be granted unto you L. Keeble Mr Lilburne you say well the prisoner loth not know the Law you do not and many others do not but I tell you againe you know so much of the Law as is sutable to this Plea you your self know whether your Conscience accuse you guilty of the fact laid unto your charge or not for our parts we say no more then 21 men upon their Oaths have informed us upon sufficient testimony of Witnesses that what they had said we should further informour selves of before your life be taken away yea such is the Law of England the tenderest Law in the world of a mans life I say againe that no such tryalls for life is to be found in the world as in England in any place but in England A mans life may be taken away upon two or three Witnesses but in England two or three witnesses do not do it for there is two Juries besides and you have 24 men returned you have 21 men upon their Oaths and Consciences that have found you guilty and yet when you have don● that it is not enough by the Law of England but you are also to have 12 rationall vnderstanding men of your Neighbours to heare all over againe and to passe upon your life This is not used in any Law in the world but in England which hath the righteousest and mercifullest Law in the world and this we sit here to maintaine and let all the world know it that according to the rules thereof we have proceeded against you Iudge Michel Mr. Lilburne you were speaking of the Lawes being in other Tongues those that we try you by are in English and we proceed in English against you and therefore you have no cause to complain of that L. Col. Lilb By your speeches you seem to bind me up to a single plea. Truly I conceive that is not equitable by the law of God and the Lawes of Reason No mans life is to be destroyed by nicities and formalities yet contrary to your solemne promises you take all advantage against me by them and make my ignorance in the ticklish formalities of the law to be the means of my own destruction although before I pleaded you ingaged unto me you would take no advantage by my ignorance in your formalities and my mistakes in them should be no disadvantage unto me and yet now I have pleaded you seem to hold me close to a single plea. Truly Sir I think that is not just nor faire so to break your promises and by faire words to smooth me on into nets and snares and to make use of my willingnesse to be tried by the Law of England to drill me on to my own destruction Truly Sir had I ever thought or believed I should have been denied counsell I would have died before ever I would in any manner have pleaded to your charge or have yeelded to your smooth insinuations Iustice Iermin Those men that know the Lawes of England know well that it taketh away no mans life but upon clean proofe and upon manifest contempts of the Law The Law is Whosoever shall goe such a way in a Court as evidently gives affront to the Law that such one takes away his owne life The facts that you are charged with if they had taken effect would have taken away the innocent lives of many Therefore you are now before us charged with the fact and every mans conscience knowes whether he committed the thing charged upon him or no and your selfe does know whether you be guilty of that you are accused of or no. But the Court must not spend any further time For Mr. Atturney Generall hath returned the Writ of Veneri facias For the calling or summoning of a Jury of life and death L. Keble Mr. Lilburn you say you well understand your self you knew of your comming and you knew of the fact that you have committed Leiut Col. Lilburne Truely Sir six moneths a goe I heard much of my Tryall and I longed for it but could not have it but was stil kept in prison and abundance of provocations put upon me to make me cry out of my oppressions and then to hang me therefore by a Law made after my pretended crime was committed is not just and truly Sir I heard by uncertaine common fame of my Tryall now But Parliament men told my wife and friends that my chiefest crime was corresponding with the Prince and to defend my self against that I fitted my self never dreaming that onely books should be laid to my charge and therefore I could not as to that come prepared and therefore do humbly desire Councell a Copy of my Indictment and time to bring in my Witnesses L. Keeble Heare what is said to you for your Witnesses you should have brought them with you we 'll give you leave to send for them we will give you time to do to consider with your self what to say for your self you shall till to morrow 7 a clocke Leiut Col. Lilburne Sir some of my witnesses lives abides 100. or 80 miles off and yet I must bring them to morrow morning how 's that possible and therefore I desire time to bring them in and also Subpeanas for some of them are Parliament men and some of them Officers of the Army and they will not come in without compulsion L Keeble That 's the time we will give you no longer you knew of your comming long agoe and therefore ought to have come provided Leiut Col. Lilb Sir I beseech you give me a convenient time 8 or 10. dayes that so I may get them together for how could I be provided before hand for any thing but for that for which I was at the first imprisoned for nothing of which is now laid to my Charge Could I devine upon what you would proceed against me but Sir I have that within me I blesse God that will be a portion of comfort to me to carry me through all your mallice and injustice L. Keble Never talk of that which is with you God is in us as well as in you never make a flourish of what is

and to you I must appeal for law if you doe believe the evidence is plain and full against him for which he stands indicted and so Gon direct all your judgements I have don● L. Col. Lilb Sir by your favour I shall desire to addresse my self in one word to you which is to defire that the Jury may read the first chapter of Queen Mary in the Statute book and the last clause of the Chapter of the thirteenth of Elizabeth where they shall clearly see especially in the Statute of Queen Mary that they abhorred and detested the making of words or writing to be Treason which is such a bondage and snare that no man knows how to say or doe or behave himselfe as is excellently declared by the Statute of Hen. 4. v. 2. I have done Sir Lo. Keeble Gentlemen you of the Jury you are sworn you are men of conscience gravity and understanding to tell you of the duties of your place that have gone through it so often is a vain thing the sacrednesse of an Oath which a man must not transgresse in the least not to save the world you have gone so often through it and understand it that I need say no more the charge you have heard and the proofs but for proofe single or double or treble as some of them doe amount unto a witnesse in this yea that doth double another mans witnesse if I swear this thing and another swear the same a third the same that is doubled upon all their testimonies Mr Lilburn hath cited two Statutes of Ed. the sixt to prove there must be two witnesses but I must tell him were there but one to each fact it were enough in Law for as for that which was cited of King Ed. the sixt you have had it fully answered by a later Law of Queen Mary which doth over-rule that and also in acts that the common Law of England shall be the rule by which all Treasons shall be tried which reacheth to this case too that there need no more but one witnesse and this is Law and therefore Gentlemen of the Jury that must not stick with you that which you have heard to concern you of the truth of the matters is this you are not bound affirmatively to have two witnesses but in that one witnesse with the circumstances concurs that is sufficient that which should prevail with you is to consider the strength of the accusation which rests in the Books and doth consist of three heads which are laid down in the Books themselves which doth in the first place so firmly expresse and so farre vilifie the Parliament and state as it is now established in England the second doth look unto the Counsels and incitations of him for the stirring up of tumults commotions and wars in this Nation and the third are the things cited in his Books to that end and purpose to divide the Army and then the otherwill take the better effect these are the three main charges and these the Books that come from him doe so plainly testifie that the Books are proved to be his you are fit Judges of but it clearly appears by those his Bookes that these things were in his intention For that he sayes it is mens that does make a man guilty the mind that is intended as it is exprest Actus non faci● reum nisi mens sit rea Now that mind is rea when there is faith published but I tell you this these Books being admitted true I say that never man that acted the highest of Treasons as he hath done hath had so much liberty as he hath had and as I said before never man of his condition nor any condition in England that was indicted in such a case ever and a Tryall in such a Court in such an Auditory such a presence as he has had Lieut. Col. Lilb The mores my sorrow L. Keeb. The mores your sorrow indeed you have good cause to be sorrowfull indeed for this Act of yours thus declared if your intentions had taken effect your plot was the greatest that ever England saw for it struck at no less then the subversion of this Common-wealth of this State to have laid and put us all in bloud your plot was such that never such was seen in the world before to proceed from a private man as you are therefore it must needs be heavy upon your Conscience therefore my Masters of the Jury look into your Conscience see what that saith unto you which he stands so much upon the witnesses Testimony are now plain and good in Law in this cause they are multiplied I do not know in one particular that there is a Testimony single but it is aggravated with many Circumstances therefore let not that trouble you you are the proper Judges of the matter of Fact being of the Countrey and if you have fully apprehended the dangerous things plotted in those boooks of Mr Lilburns you will clearly find that never was the like Treason hatcht in England and so in Gods name as the Prisoner doth lead to your Consciences so go and do Lieut. Coll. Lilb I desire your favour that there may be a course taken thot neither my Prosecutours nor any belonging to them may have accesse unto the Jury till they have done Just Jermin You Gentlemen of the Jury I did expect it it was expected by the Court that some matter of Law or some question of Law might arise upon the evidence which if it had it was the duty of the Court to have cleared it but there does not appear and therefore there is an end as to the dispute of the Law Fore-man We are no Lawyers indeed my Lord. L. Col. Lilb I have beg'd it and you have promised it that I should have Liberty to plead in Law to the Illegallities of the Indictment but you have denied me that legall right yea you will not permit my Sollicitour to speak a few words for me I dare undertake there was never such a Trial upon English ground as this hath been where a man hath been denied all the legall Rights of an English man as I have been You Gentlemen of the Jury who now are my sole Judges I pray you take notice of it Just Jermin There was never any such kind of abuse offered to a Court as you have given nor never was such Language used to any Court of Justice before that I did hear of as you have given and certainly the Behaviour at the Barre doth set forth what the humours and character of the man is for in this case if any such dangerous thing of Acting of Commotion or Mutiny in the Army or in the Nation should have followed it had been too late then to have thought of the remedy therefore the wisdom of the Parliament hath declared that whosoever shall by writing prenting or by openly declaring publish that the present Government of England is usurp'd or tyrannicall it is Treason there