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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

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not suffered but bid be silent Sir I advise you Sir spare your self with patience and hear the Court. Just Jermin Be quiet Sir L. Col. Lilb I beseech you Sir let me hear but the grand Jury speak for I understand from some of themselves they never found me guilty of Treason but doe conceive themselves wronged by some words yesterday that passed from some of the Judges I pray let me hear them speak L. Keable M. Lilburn You said you would be rationall you would be moderate you doe break out you will doe your self more hurt then any here can doe you you must be silent and hear the Court we can lose no more time to hear you Cryer call the Jury Cryer The Iury called and M. Lilburn earnestly pressed to be heard but could not Cryer Miles Petty William Wormwell L. Col. Sir I beseech you let me but see these gentlemens faces L. Keable You Master Sprat you must not talk to the Prisoner you may stand and hold the Books you did offend yesterday but you shall not doe so to day for you shall not stand near the Prisoner to talk to him L. Coll Lilb My Lord the Law saies a stander by may speak in the prisoners behalf at the Bar much more whisper to him but especially if he be his Sollicitor Cryer John Sherman Thomas Dainty Ralph Ely Edmund Keyzer Edward Perkins Ralph Packman Francis woodall William Commins Henry Hanson Roger Jenkenson Josias Hamond Richard Allen Richard Nevill John Mayo Henry Jooley Arther Due Roger Sears Clerke You good men of the City of London appear Steven Ives Iohn Sherman Ralph Ely Roger Ienkinson Iofias Hamond Richard Allen Richard Nevill Roger Seares Iohn Mayo Nicholas Murren Clerk You prisoner at the Barre these good men that are here presented before the Court are to be of your Iury of life and death if therfore you will challenge them or any of them you must challenge them before they goe to he sworn and then you shall be heard Cryer Every man that can inform my Lords the Iustices and the Attorny Generall of this Common-wealth against Master Iohn Lilburn prisoner at the Barre of any Treason or fellony committed by him let them come forth and they shall be heard for the prisoner stands upon his deliverance and all others bound to give their attendance here upon pain of forfeiture of your Recognisance are to come in L. Col. Lilb Sir I beseech you give me leave to speak Lord Keable You cannot be heard L. Coll Lilb Truly Sir I must then make my protest against your unjust and bloudy proceedings with me before all this people and desire them to take notice that yesterday I pleaded to my Bill conditionally that no advantage should be taken against me for my ignorance in your formalities and you promised me you would not L. Keable We give you too much time you will speak words that will undo you is this your reason you shall talk in your legall time and take your legall exceptions we will hear you till midnight L. Coll. Lilb Then it will be too late Sir Justice Jermin You have given a great slander and that doth not become a man of your profession you speak very black words L. Col Lilb I beseech you doe but hear me one word I doe not know the faces of two of the men that were read unto me I hope you will give me time to consider of them Lord Keable No Sir you ought not to have it L. Col. Lilb Will you let me have some friends by me that are Citizens of London that know them to give me information of their qualities and conditions for without this truly you may as well hang me without a tryall as to bring me hear to a tryall and deny me all my legall priviledges to save my selfe by Lord Keable If you be your own judge you will judge so go on M. Sprat or Col. Robert Lilburn Whispers to the prisoner to challenge one of the Jury which the Judge excepted against L. Col. Lilb Sir by your favour any man that is a by-stander may help the prisoner by the Law of England Lord Keable It cannot be granted and that fellow come out there with the white cap pul him out L. Col. Lilb You goe not according to your own law in dealing thus with me Iustice Iermin Your words were never a slander nor never will be hold your peace Cryer go on Cryer Stephen Blyth look upon the prisoner Abraham Seal Iohn King Nicholas Murren Thomas Dariel the prisoner excepted against him Edward Perkins Francis Peale Iustice Iermine was he recorded and sworn before he spake or no Cryer No my Lord. Iustice Iermin The let him continue if he be right recorded Cryer The Oath was not given quite out Iustice Iermin Then he hath challenged in time let him have all the lawfull favour that may be afforded him by law William Comins sworn Simon Weedon sworn L. Col. Lilb Hee 's an honest man and looks with an honest face let him go Henry Tooley sworne Arther Due excepted against L. Keeble Take away Mr Due let him stand a little by Henry Hanson put by being sick one that could not hear excepted against John Sherman Ralph Head Roger Jenkinson Josias Hamond Richard Allen John Mayo Roger Seares Henry Hanson excepted against Edmund Kinyzer sworne The Jury Called Clerk Twelve good men and true stand together and here your Evidence Just Jermin Cryer of the Court let the Jury stand six of the one side and six of the other Clerke 1 Miles Petty 2 Stephen Iies 3 John King 4 Nicholas Murrin 5 Thomas Drinty 6 Edmund Keyzer 7 Ed Perkins 8 Ralph Packman 9 William Comins 10 Simon Weedon 11 Henry Tooley 12 Abraham Smith of the Jury six lives about Smithfield one in Gosling-street two in Cheap-side two in Bred-street and one in Friday-street Just Jermin It s well done Cryer The Lords the Justices do straitly charge and command all manner of persons to keep silence while the prisoner is in tryall Mr Broughton John Lilburne hold up thy hand L. Col Lilb As I did yesterday I acknowledge my selfe to be John Lilburne Free-man of London son to Mr Richard Lilburne of the County of Durham and sometime Lieutenant Collonel in the Parliament Army Just Jermin You refuse to hold up your hand and though you break the Law of England the Court will not break it L. Col Lilb I do what the Court declares what is my right and duty to do I do no more then declare my name to be so as it is L. Keeble Read the Indictment Mr Broughton Reads Hold up thy hand John Lilburne thou standest here indicted of high Treason by the name of John Lilburne late of London Gentleman for that thou as a false Traytor not having the fear of God before thine eies but being stirred moved up by the instigation of the Devil dist indeavour not only to disturbe the peace and tranquility of this Nation but
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