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cause_n	england_n	king_n	lord_n	4,602	5	4.1139	3	true

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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

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

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

knowledge of all that at the House had past against me and although I also knew that the further designe against me which was that the Councel of State as they are called would take me away thereupon with armed force the next morning yet notwithstanding all this I stirred not out of my House but remained there till about five a clock the next morning at which time 200 or 300. armed Horse and Foot without so much as one Civil or Magisterial Officer with them came by force of Arms and haled me out of bed from my Wife and Children not according to the Law of England as is expresly provided in two several Statutes viz. the 1. of Edw. 6. Chap. 12. and the 5. 6. of Ed. 6. Ch. 11. by which rules of the Law and no other they ought to have proceeded against me from first to last and I am sure they both expresly provide that if any man be accused of Treason that he shall be accused first to one of the Kings Councel or to one of the Kings Justices of Assize or else to one of the Kings Justices of the Peace being of the Quorum or to two Justices of the Peace within the Shire where the same offence or offences shall happen to be done or committed * See also to this purpose part 3. of Cooks Instit Ch. High Treason f. 26. 27 28. and part 1. Parl. Declar. in the case of the L. Kimbolton and the 5. members p. 38 39 76 77 But contrary to these and other wholsom and good Laws although there hath bin an eight yeers War in England pretendedly for the preservation of the Laws and Liberties of England yet I say contrary to the express Tenor of these Laws as also of the Petition of Right yea and also of the express Letter of that excellent Law that abolished the Star-chamber this Parliament was I by force of Arms that never fortified my House against the present Power nor never disputed any of their Summons though sent by the meanest man that ever appertained to them and who if they had sent their Warrant for me by a child I would have gone to them I was fetched out of my bed in terror and affrightment and to the subversion of the Laws and Liberties of England and led through London streets with hundreds of armed men like an algier captive to their main-Guard at Pauls where a mighty guard stayed for the further conducting me by force of Arms to White-hall Now Sir if I had committed Treason I ought not to have bin apprehended and proceeded against by armed mercenary Soldiers but by Civil and Magisterial Officers and no other according to those excellent priviledges that the Parliament themselves in the yeer 1641. in their own book of Declarations p. 36 37 76 77. did claim for those six Members viz. the Lord Kimbolton M. Pym M. Hollis M. Stroud Sir Arthur Hasleridge and M. Hamden I say and aver I ought to have had the process of the Law of England due Process of Law according to the fore-mentioned Statutes and Presidents for I never forceably resisted or contended with the Parliament and therefore ought to have had my Warrant served upon me by a Constable or the like Civil Officer and upon no pretense whatsoever ought I to have been forced out of my bed and house by Mercenary armed Officers and Souldiers But Sir comming to White-hall I was there also kept by armed men contrary to all Law and justice and by armed men against Law I was by force carryed before a company of Gentlemen sitting at Darby-house that look upon themselves as Authorized by the Parliament to be a Committee or Councel of State who by the Law I am sure in any kind had nothing at all to do with me in cases of pretended Treasons where I was brought before M. Iohn Bradshaw sometimes a Councellor for my selfe before the House of Lords against my unjust Star-chamber Judges who there in my behalfe Feb. 1645. did urge against the Lords of the Star-chamber as the highest Crime against the liberties of the people that could be as being Illegal Arbitrary and Tyrannical that the Lords in Star-chamber should censure me to be whip'd pillared c. for no other cause but for refusing to answer their Interrogatories against my selfe and when I was brought before the said Councel of State I saw no accuser no prosecuter no accusation nor charge nor inditement but all the Crime that there was laid unto my charge was M. Bradshawe's very seriously examining me to questions against my selfe although I am confident he could not forget that himself and M. Iohn Cook were my Councellers in Feb. 1645. at the Barre of the House of Lords where he did most vehemently aggravate and with detestations condemn the Lords of the Star-chambers unjust and wicked dealing with English freemen in censuring them for their refusing to answer to questions concerning themselves and yet notwithstanding walked with his dealing with me in the very steps that formerly he had bitterly condemned in the Star-chamber Lords yea and there for refusing to answer his questions for any thing he declared to me to the contrary committed me to Prison for Treason in general and you know very well better then I do that by your own Law generalls in Law signifie nothing Judge Jarmen M. Lilburne you very much abuse and wrong your selfe for you very well know M. Bradshaw is now denominated by another name namely Lord President to the Councell of State of England and it would well become you in your condition so to have styled him Lieut Col. Lilburne And although no crime in Law which ought to be particularly expressed was laid unto my charge yet when I was first imprisoned there were thousands of my friends well wishers to the freedomes of England and to the common cause in which they had been ingaged in for these eight yeares together both old and young both masters of families young men and apprentises and abundance of others of the feminine sex too with abundance of cordiall honest men in severall Countries joyned in severall rationall and fair petitions and delivered them to the House in the behalfe of my selfe and my three fellow Prisoners in which they most earnestly intreated them that they would not prejudge us before we were heard and knew our accusers and accusations but rather that they would release us and take off their prejudgeing Votes against us which they had caused to be proclaimed in all the publique places of the Nation against us and let us have a fair and Legall Triall according to the Lawes of England and according to the undenyable Priviledges of the due processe of the Law from first to last and they would put in any security that they would require of them that we should be forthcomming at all times to answer whatsoever in Law could be laid to our charge unto all which petitions which were very many they could get

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

this day after bee hath lost his life for pretended tyranny and injustice liberty and freedom in publick Declrations declared to the Kingdom I say if there be justice and equity in this I have lost my understanding the good Lord God of heaven deliver me from all such justiciaries L. Keble M. Lilb you have bin arraigned before us for high Treason we bid you forbear those tearms of yours long agoe speak that you doe rationally and you shall have fair and christian answers and replies as ever any man-had at a Bar goe on you shall have it still if you will be fair and rationall not break out into extravagancies and bitternesse of spirit L. Col. Lilb For my part Sir I must look upon my selfe as a lost and dead man if I have not counsell to help my ignorance to pitch upon those things that tend to my preservation and therefore if you willl not assigne me Counsell to advise and consult with I am resolved to goe no further though I die for it and my innocent blood be upon your heads Justice Jermin You have alledged part of the Law of England for your own advantage but every one that says so does not prove it to be so you have sayd you will be tried by the Lawes of England and yet against the Lawes of England you have utterly refused in that you would not hold up your hand which I doe not know any English that ever refused so to doe but your selfe you have been told by the Court what the Law of England is and yet you will not be satisfied We are upon our Oathes and therefore will discharge our consciences and that in or more eminent manner than my brother Heath did although we doe not deny your liberty to speak for your self But now you who would have Counsell assigned before any matter of Law doth appeare upon the proofe of the fact which we cannot doe for it were to doe injustice and to d ee against the Law which the Court cannot justifie L. Col. Lilb Sir under favour whether or no I have transgrest the Law I will not judge but I am sure the Law in the equity and intention of it would have all trials to be equall and not prejudicial My prosecutors have had time enough to consult with counsell of all sorts and kinds to destroy me yea with your selves and I have not had any time at all not knowing in the least what you would charge upon me and therefore could provide no defence for that which I knew not what it would be And if by the law of England I cannot have counsell then uppon your own grant which is That the Lawes of God are the Lawes of England I desire to have the priviledge of the law of God which you your selfe said is the law of England and I am sure the law of God is that you should doe as you would be done to now it cannot be according to the law of God for my adversaries to have the helps of all manner of councels by snares tricks and provocations to take away my life and for me to be denied the benefit to consult with any to preserve my innocent life against potent Malice L. Keble You say well the law of God is the law of England and you have heard no law else but what is consonant to the law of Reason which is the best law of God and here is none else urged against you Another Judge The Lawes of God and the Lawes of Reason and the Lawes of the Land are all joyned in the Lawes that you shall bee tryed by Iustice Iermin The question is but this 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 Iohn Lilburne shall bee Judges thereof that is the question L. Keble And that which you said Mr. Atturney hath had so much time against you and opportunity to consult with all manner of Counsell to destroy you your secret actions though they are now come to publick view are so heynous as that they doe require time to put them into the most sure way of tryall we have proved the clandestinesse of them you did this in secret now it is come to the face of the world Now this being matter of fact no matter of law can appeare till proofe passe upon it you have had times to complot your treasonable venomous Bookes which shall be proved upon you and till this bee done there is no matter of law to be lookt at This is the law of God when a man hath done such treasonable things he shall answer directly and positively whether he be guilty of them or no and if he answer Not guilty and they be not fully proved against him there needs no more to be said Iustice Thorp Mr. Lilburne there fell some words from you even now wherein you think you have this hardship put upon you when you say the Judges your persecuters have had 6 moneths time to meet together and consult together how to destroy you First I would not have you to beleeve nor the rest that heare it That that is true that you say for I speake it for my owne particular that I never saw your Indictment till this time that I came here and yet you say we have had six moneths together to frame it These are your words this was not rightly done of you for it is not true I speake in my own particular L. Col. Lilb I am sure the substance of it you might see many m●●●hs agoe and though all you Judges have not at one time met about 〈◊〉 yet the greatest part of you have that commonly carry the domination of the whole and at Serjeants Inne with Mr. Attorney Generall the most of the Judges of England have had severall meetings 6.5 and 4. months agoe for I have had friends there that have seene it and who have enquired into the Cause of such solemn meetings and your own Servants have told them it hath been about me and my Tryall Justice Thorpe I speak as for my own particular that I was never there and that I never see your Indictment till this time Iustice Termin Why Mr. Lilburne might we not have such meetings as those your businesses being a matter of this importance as this is through the haynousnesse of your offence and that it might be so grounded as the Warrant of the Law is the Judges did meete and they ought to meete * But Cooke in his Chapter of petty Treason in 3. part instit fo 29. expres●y saith and to the end that the Tryall may be the more indifferent seeing the safety of the Prisoner consisteth in the indifferency of the Court the Judges ought not to deliver their opinions before hand of any criminall case that may come before them judicially and he there cites Humphery Stratfords Case that arch Traytor in which Hussey

of England meaning for he the aforesaid Captain Genrall meaning is no Generall but is meerely a great Tyrant meaning the aforesaid Capt. Generall standing by the power of his owne will and a strong sword borne by his vassels slaves and creatures the Souldiers of the Army aforesaid meaning having no Commission to be Generall either from the Law or the Parliament nor from the prime lawes of Nature reason For first when he was made Generall by both houses of Parliament it was expresly against the letter of the Laws And secondly when he refused to disband c. he hath rebelled against his Parliament Commission and thereby destroyed and annihilated it c. The Reader is desired to take notice that in the Indictment it selfe there was a great many other things then in this is expressed as particularly divers passages out of a book called Mr. Lilburnes Intituled The Legall Fundamentall liberties of England revived c. as also out of another book Intituled A preparative to an Hue and Cry after Sir Arthur Haslerigg c. as also out of The Agreement of the People of the first of May 1649. with severall other remarkable things in matter and forme that was more neglected to be taken then the pleadings because it was not supposed but the Indictment being a Record a true Copy of it might easily be had considering that by Law all Records ought freely to be used by any free-man of England and Copies of them to be denied to none that desire to take them but that Priviledge being already in this Cause disputed and denyed in which regard the Reader must at present accept of the best imperfect notes the Publisher could pick up but to go on And further that thou the said John Lilburne as a false Traytor all and singular the clauses and English wordes abovesaid and many other trayterous poysonous and malicious expressions in and by the aforesaid writings and by the aforesaid severall books as aforesaid recorded and by thee the aforesaid John Lilburne published and openly declared in the severall books so as aforesaid printed and by the aforesaid wrightings and by thee the aforesaid John Lilburne in manner and forme aforesaide published and openly divusged and declared divers other scandalous malicious tumultuous and treacherous clauses and words in the said 〈…〉 contained falsely maliciously advisedly and trayterously hast publ 〈…〉 and openly declared to the intent to stir up and raise forces against 〈…〉 Government aforesaid in the way of a Common-wealth and free 〈…〉 as aforesaid established and for the suppressing and alteration of the 〈…〉 Government and to stir up mutiny in the Army aforesaid and also 〈…〉 withdraw the said John Tooke Thomas Lewis and John Skinner and 〈…〉 other Souldiers from their obedience to their superiour Officers and 〈◊〉 Commanders and to set them in mutiny and rebellion against the publick peace and to manifest contempt of the Lawes of this Common-wealth and free State and against the forme of the Statutes in this Case made and provided The Indictment being reading and the noise of the people in the Hall great the Prisoner said he could not heare and had some few lines before read over to him L. Col. Lilb Pray hold your Peace Gentlemen I beseech you be quiet speaking to the people L. Keeble Quiet you your self we will quiet them for you Braughton Which Country are you so that you are to finde whither he is guilty or no he having already pleaded Not Guilty If you finde that he is Guilty of any of the high Treasons laid to his Charge then you are to enquire what goods Lands or Chattels he stood possessed of when he committed the said high Treasons but if you finde him not Guilty you shall then enqnire whither he did not fly for it and if he did not fly for it Then you are to say so and no more therefore hearken to your evidence L. Col. Lilb May it please your Honour Cryer If any man can give any Evidence to my Lords the Justices of Oyer and Terminer against Mr. Iohn Lilburne let him come in and he shall be heard L. Col. Lilb I desire to be heard to speak two or three words I humbly desire the favour to speak two or three words I humbly desire the favour to be heard two words L. Keeble It is not a fit time you shall be heard in your due time but hear what the Witnesses saith first L. Col. Lilb I conceive I am much wronged in saying that I pleaded not Guilty for I pleaded no such Plea I appeale to the Court and to all that heard me whether I pleaded any such Plea for before I pleaded the Court became engaged to me to take no advantage of my ignorance of the formalities of the Law and promised to give me as much priviledge as my Lord Duke of Hambleton and others injoyed before the Court of 〈◊〉 L. Keeble We know all this L. Col. Lilb Sir by your favour I pleaded conditionally and now I 〈◊〉 my absolute Plea to the Indictment which is this That I except 〈◊〉 the matter and form of it in matter time place and humbly crave 〈◊〉 to assigne and plead to the errors thereof L. Keeble You must hear us we hear you a word is a great deale these things we have taken perfect notice of the Court is not ignorant of them Therefore they need not so suddainly be repeated to us againe you need not repeate these things for I tell you agan● they are all fresh in our memories and that we have done we must maintaine or we have done nothing L. Col. Lilb Truly it is requisite for me to say that I am wronged I had no such single Plea I plead a Plea at large to the errors of the Indictment and first now crave liberty of the Law of England to have time and Councell assigned me L. Keeble You shall have the Lawes of England although you refuse to own them in not holding up your hand for the holding up of the hand hath been used as a part of the Law of England these 500 yeares go on My Lord Mr. the Councell that was an assistant to Mr. Prideaux The prisoner at the Barstands Indicted as a Traytor for that he contriving and maliciously intending not only to disturbe the publicke Peace but also to bring the Government of the Nation happily setled in a free State or Common-wealth without a King or an house of Lords and the Commons in Parliament assembled to bring in disgrace and contempt amongst all good men he did the first of this instant October and divers times before and since in this City falsly and maliciously advisedly and trayterously by writing printing and openly derlaring in and by one Paper of his called A Salva libertate and by divers other papers and books whereof one he calls An Impeachment of high Treason against Oliver Cromwell and his sonne in law Henry Ireton and another book of his Entituled An

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

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

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