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
House of Commons be a †And wâ—l might he for Mackwel in his manner of passing of statutes in his preface therunto saith that the Commons had no journals at all before Edward the sixths time record in law or no. Lord Keble Read Cerk Clerk An Act of the 14. of May 1649. Declaring what offences shall be adjudged Treason WHereas the Parliament hath abolished the Kingly Office in ENGLAND and IRELAND and in the Dominions and Territories thereunto belonging and hath resolved and declared that the people shal for the future bâ—â— governed by its own Representatives or Nationall meetings in Councell chosen and intrusted by them for that purpose hath setled that Government in the way of a Common-wealth and free State without KING or House of LORDS Be it therefore enacted by this present Parliament and by the Authority of the same that if any person shall maliciously or advisedly publish by writing printing or openly declaring That the said Government is tyrannicall usurped or unlawfull Or that the Commons in PARLIAMENT assembled are not the supreame Authority of this Nation or shall plot contrive or endeavour to stirre up or raise force against the present Government or for the subversion or alteration of the same and shall declare the same by any open deed That then every such offence shall be taken deemed and adjudged by the Authority of this present PARLIAMENT to be High Treason And whereas the Keepers of the Liberty of ENGLAND and the Councell of state constituted and to be from time to time constituted by Authority of PARLIAMENT are to be under the said Representatives in PARLIAMENT entrusted for the maintenance of the said Government with severall powers and Authorities limited given and appointed unto them by the PARLIAMENT Be it likewise enacted by the Authority aforesaid that iâ— any person shall maliciously and advisedly plot or endeavour the subversion of the said Keepers of the Lebertie of ENGLAND or the Councell of State and the same shall declare by any open dâ—â—d or shall move any person or persons for the doing thereof or 〈◊〉 up the people to rise against them or either of them there or either of their Authorities that the every 〈…〉 and offâ—â—â—s shall be taken deemed and declared to be 〈◊〉 Treason And whereas the PARLIAMENT 〈◊〉 their just and lawfull defence 〈…〉 under the Command of THOMAS LORD PAIRFAX and are at present necessitated by reason of the manifold distractions within â—word Common-wealth and invasions threatned from abroad to continue the same which under God must be the instrumental meanes of preserving the wel-affected people of this Nation in peace and safety Be it further Enacted by the Authority aforesaid that if any person not being an Officer Souldier or member of the Army shall plot contrive or endeauour to stirre up any mutiny in the said Army or withdraw any Souldiers or Officers from their obedience to their superiour Officers or from the present Government as aforesaid or shall procure invite aide or assist any Forreigners or Strangers to invade England or Ireland or shall adhere to any Forces raised by the Enemies of the PARLIAMENT or Gommon-wealth or Keepers of the Liberties of ENGLAND Or if any person shall counterfeit the great Seale of England for the time being used and appointed by authority of Parliament That then every such offence and offences shall be taken deemed and declared by the authority of this Parlament to be high treason And every such person shall suffer paine of death and also forfeit unto the Keepers of the Libertie of England to and for the use of the Common wealth all and singular his and their Lands Tenements and hereditaments goods and Chattels as in case of high Treason hath been used by the Lawes and Statutes of this Land to be forfeit and lost provided alwayes that no persons shall be indicted and arraigned for any of the offences mentioned in this act unlesse such offenders shall be indicted or prosecuted for the same within one yeare after the offence committed Mr. Prideaux Read the other statute Clerk Tuesday 17. July 1649. Ordered by the Commons assembled in Parliament that this Act be forthwith printed and published Hen. Scobel Cler. Parl. An Act declaring what offences shall be adjudged Treason Whereas the Parliament hath abolished the Kingly Office in England and Ireland and in the Dominions and Territories thereunto belonging and having resolved and declared that the people shall for the future be governed by its own representatives or nationall meetings in Counsel chosen and entrusted by them for that purpose hath setled the Government in the way of a Common-wealth and free State without King or House of Lords Be it enacted by this present Parliament and by the Authority of the same that if any person shall maliciously or advisedly publish by writing printing or openly declaring that the said Government is tyrannicall usurped or unlawfull or that the Commons in Parliament assembled are not the supreame Authority of this Nation or shall plot contrive or endeavour to stir up or raise force against the present Government or for the subversion or alteration of the same and shall declare the same by any open deed that then every such offence shall be taken deemed and adjudged by Authority of this Parliament to be high Treason and whereas the Keepers of the Liberties of England and the Counsel of State constituted and to be from time to time constituted by Authority of Parliament are to be under the said representatives in Parliament entrusted for the maintenance of the said Government with severall Powers and Authorities limited given and appointed unto them by the Parliament Be it likewise enacted by the Authority aforesaid that if any person shall malliciously and advisedly plot or endeavour the subversion of the said Keepers of the Liberties of England or the Counsel of State and the same shall declare by any open deed or shall move any person or persons for the doing thereof or stir up the people to rise against them or either of them their or either of their Authorities that then every such offence and offences shall be taken deemed and declared to be high treason And whereas the Parliament for their just and lawfull Defence hath raised and leavied the Army and Forces now under the Command of THOMAS Lord FAIRFAX and are at present necessitated by Reason of the manifold distractions within this Common-wealth and invasions threatened from abroad to continue the same which under God must be the instrumentall meanes of preserving the well affected people of this Nation in peace safety Be it further enacted by the Authority aforesaid that if any person not being an Officer Souldier or Member of the Army shall plot contrive or endeavour to stir up any mutiny in the said Army or withdraw any Souldiers or Officers from their obedience to their superiour Officers or from the present Government as aforesaid Or shall procure invite aid or assist any
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
declared in print in English which tongue only I can read and understand and seeing by the Law which is in English which I have read and clearly understand that there are a great many snares and a great many niceties in the practick that are formall proceedings of the Law and seeing I know not certainly whether if I proceed to matter of proofe before in Law I make my exceptions against your Inditement as to matter time and place I be not in Law deprived of that benefit which I principally aime at for the preservation of my life therefore I beseech and most earnestly entreat you to assigne me Counsell to consult with before I be too farre insnared and if you will not doe it and give me some reasonable time to prepare my plea and defence then order me to be knock'd in the head immediately in the place where I stand without any further tryall for I must needs be destroyed if you deny me all the meanes of my preservation Judge Jermine Mr. Lilburne It were reasonable to give you satisfaction if you would receive it you say you were present at my Lord of Straffords Triall and you say he had Counsell assigned him not only to stand by him at the Barre but to repair to prison to instruct and advise but that was not a Tryall in such a way as this is It was a Triall by way of Impeachment before the Peers assembled in Parliament and his Attainder was made up into an Act of Parliament but that is not a Triall at the common Law per pares which is that which your self have desired a Tryall by lawfull men according to the Liberties of the Lawes of England After your Answer to your first question that is to say whether you be guilty or not guiltie of the things whereof you are accused no Counsell in the world can follow till the Fact be proved and matter of Law doe arise thereupon So that the first thing that must be done the matter of Fact must be proved against you and then if it shall appear thereupon to the Court that matter of Law doth arise and you doe expect Counsell we must and will performe it the Court are of your Counsell so farre as to fact And then in that case that Law arise thereupon you may and ought to have other Counsell assigned and doe not you doubt but the Court will be as carefull of you as you can be of your selfe and allow you more favour it may be then your friends doe expect L. Col. Lilb Vnder your favour and by your good liking I was once Arraigned at Oxford for my life upon the matter of Treason for leavying war in Oxfordshire against the King as their Indictment then said and my Arraignment was by vertue of a Commission of Oyer and Terminer that was and in Law I am sure of it as legall and as just as yours is and my Lord Chiefe-Justice Heath the chief Commissioner or President who was in the eye of the Law as legall a Judge as any of you and yet he Lo. Keble Mr. Lilburne we doe remember it L. Col. Lilb I beseech you give me leave to speake for my selfe and to goe on for my life lies upon it Lo. Keble Heare me one word and you shall have two This that you did speake but even now doe not you thinke that we have such bad memories as that we have alreadie forgot it your life is by Law as deare as our lives and our soules are at stake if we doe you any wrong L. Col. Lilb I wish you may be sensible of that Sir Judge Jarman Mr. Lilburne you need not to say so our soules are upon it and we are to stand or fall by Justice and righteousnesse as well at your selfe is L. Col. Lilb I say my Lord Heath and the Court at Oxford profered me Counsell before any one witnesse was produc'd to my face or any matter of fact came to the proofe yea and gave me Liberty to make my exceptions to the insufficiencie of the Indictment which was very short in comparison of yours I crave the same priviledge from you the nations pretended friends that I found at Oxford amongst its declared pretended enemies against whom in severall battells I had fought And I hope you that pretend to be the preservators of the Liberties of England will not be more cruell and unrighteous then the declared destroyers of them if you will not allow me Counsell as I had there I have no more to say to you you may murder me if you please Judg Jerman You were pleased to mention some presidents of those that have been accused of high Treason that have had Counsell assigned to them and for one you mention that of my Lord of Strafford whose Tâ—iall I told you was Parliamentarie before the House of Peers upon the impeachment of the Commons of England in Parliament assembled and so it went on in a Parliamentarie way their proceeding is in an ordinarie course of the ordinarie qundam Court of Justice according to the common law Now for my L. of Strafford give me leave to observe this he had no Counsell assigned him untill such time as questions of the law did arise which required Councell and then he had Counsell assigned him but not before for that my Lord doth not say that you shall have no Counsell but that you shall have that which the law allows and as for that which you speake of counsell at Oxford it could not be but when upon the proose of matter of fact it appears to the Court that there is any Question or matter of law arising upon the fact And when it doth so appear unto us then you shall have Councell for that but I beseech you hear me on You are now come before us according to the common law to be tried by your Countrie there is now nothing in question but whether that matter that thing those words contained in the Indictment read to you be true yea or no that is whether they be done or no for wee will not give Counsell to plead to the matter of fact contained in your owne bookes which you remember very well L. Col. Lilb Those books supposed mine pray let me have sair play and not be wound and scru'd up into hazards and snares Lord Keble If they be not yours upon good grounds proved before you you are in no danger and if upon the proofes of the words and deeds done there doe appear matter of law you must and shall have counsell stay till that be done in the meane time the Court will take care that a Jurie shall be returned of honest and sufficient legall men to judge of the proofes L. Col. Lilb There was arraigned with me at Oxford Collonel Vivers of Banbury now alive and Capt. Catesby who is dead I will bring Coll. Vivers to depose here upon his Oath that my Lord Heath the rest of the Commissioners of Oyer and Terminer
Ianuary 1647. laid downe in the following discourse page 23 24 25. and write to all your friends in all the Counties of England to chuse out from amongst themselves and send up some agents to you two at least for each County with money in their pockets to bear their charges to consider with your called and chosen Agents of some effectuall course speedily to be taken for the setling of the principles thereof meaning the aforesaid false Agreement devised by your self the aforesaid Iohn Lilburn and to set up the promoting of the aforesaid fained Agree meaning as that only which in an earthly Government can make you the aforesaid friends of the said Iohn Lilburn happier at least to know one anothers minds in owning and approving the principles of the foresaid false Agreement that so it may be come to you meaning the foresaid friends of the foresaid Iohn Lilburn and all your friends your centre standard and banner to flock together to in time of those forraign innovations and domestique insurrections that are like speedily to bring miseries enough upon this poor distressed Nation the aforesaid Nation of England again meaning and uanimously resolve and engage one to another neither to side with or fight for the chimaera's fooleries and pride of the present men in power the aforesaid Parliament of England meaning nor for the Prince his will nor any other base interest whatsever the which if you the aforesaid friends of the said John Lilburne meaning should fight for it would be but an absolute murther of your brethren and Country-men you know not wherefore unlesse he or they will come up to those just righteous and equitable principles therein contained and give rationall and good security for the constant adhering thereunto And upon such termes I doe not see but you may justifiably before God or man joyne with the Prince himselfe yea I am sure a thousand times more justly then the present Ruling men upon a large and serious debate joyned with Owen-Roe-Oneale the grand bloudy Rebell in Ireland who if we must have a King I meaning he the aforesaid Iohn Lilburne for my part I had rather have the Prince meaning CHARLS STUART Son to the late KING then any man in the world because of his large pretence of Right which if he come not in by conquest by the hands of forraigners the bare attempting of which may apparently hazard him the loss of all at once by glewing together the now divided people to joyne as one man against him but by the hands of English-men by contract upon the premisses aforesaid which is ealy to be done the people will easily see that presently thereupon they will enjoy this transcendent benefit he being at peace with all farraign Nations and having no Regall pretended competitor viz. The immediatly disbanding of all Armies and Garisons saving the old Cinque-ports and so those three grand plagues of the people will cease viz. Free-quarter Taxations and Excise by meanes of which the people may once againe really say they enjoy something they can in good earnest call their owne whereas for the present Army to set up the pretended false Saint Oliver or any other as their elected King there will be nothing thereby from the beginning of the Chapter to the end thereof but Wars and the cutting of throats year after year yea and the absolute keeping up of a perpetuall and everlasting Army under which the people are absolute and perfect slaves and vassals as by wofull and lamentable experience they now see they perfectly are which slavery and absolute bondage is like dayly to increase under the present Tyrannicall and Arbitrary new erected robbing Government and therefore rouse up your spirits before it be too late to a vigorous promotion and setling of the principles of the foresaid Agreement as the only absolute and perfect meanes to carry you off all your maladies and distempers Here Lieutenant Collonel Lilburne in the first dayes reading the Indictment taking notice of the Judge Thorpe and Mr Prideaux to whisper together cryed out and said to this effect L. Col Lilburne Hold a while Hold a while Let there be no discourse but openly for my adversaries or persecutors whispering with the Judges is contrary to the Law of England And extreame foule and dishonest play and therefore I pray let me have no more of that injustice Mr Atturney It is nothing concerning you let me give him satisfaction it is nothing concerning you Mr Lilburne L. Col Lilburne By your favour Mr Prideaux that is more then I do know but whether it be or not by the expresse Law of England it ought not to be therefoe I pray let me have no more of it Mr Broughton And further thou the said John Lilburne stands Indicted for that thou the aforesaid first day of October in the year of our Lord 1649. and divers daies and times as well before as after in London aforesaid and in the Parish and ward aforesaid didst maliciously advisedly and trayterously publish another false poysonous trayterous and scaudalous Book Intituled An out-cry of the Young-men and apprentices of London Or an inquisition after the lost fundamentall Laws and Liberties of England having these Trayterous and scandalous words amongst other things following that is to say we meaning the Young men and Apprentices of London considering what is before premised * Which words are in pag 11. are necessitated and compelled to do the utmost we can for our own preservations and for the preservation of the Land of our Nativity and never by popular Petitions addresse our selves to the men sitting at Westminster any more or to take any more notice of them then as of so many Tyrants and Usurpers and for the time to come to hinder as much and as far as our poor despised interest will extend to all other whatsoever from subscribing or presenting any more popular Petitions to them and only now as our last Paper refuge mightily to cry out to each other our intollerable oppressions in Letters and Remonstrances signed in the behalfe and by the appointment of all the rest by some of the stoutest and stiffest amongst us that we hope will never apostatise but be able by the strength of God to lay down their very lives for the maintaining of that which they set their hands to And further that thou the aforesaid John Lilburne afterwards that is to say the aforesaid first day of October in the year of our Lord 1649 and divers other daies and times as well before as after not being an Officer or Souldier or member of the Army aforesaid at London aforesaid in the Parish and Ward aforesaid as a false Traytour did maliciously advisedly and Trayterously indeauour to stir up a dangerous mutinous Trayterous distemper Mutiny and Rebellion in the Army now under the Command of Thomas Lord Fairfax and didst indeavour to draw Thomas Lecoies Iohn Skinner and John Toppe from their obedience to their superiour officers
broke and annihilated all the formal and legal Magistracy of England yea the very Parliament it self and by his will and sword absolute Conqueror-like had most Tyrannycally erected and set up and imposed upon the free people of this Nation a Iuncto or mock-mock-Power sitting at Westminster whom he and his Associates call a Parliament who like so many Armed Theeves and Robbers upon the High-way assume a Power by their own wills most traterously to do what they like yea and to fill the land with their mock or pretended Magistrates amongst the number of which is the pretended Aturney General in perfect opposition of whom to the utmost of my might Power and Strength I am resolved by Gods graious assistance to spend my Bloud and all that in this World is dear unto me supposing him not really and substantially worthy the name of an English free-man that in some measure in this particular is not of my mind M. Atturney My Lord in the case of this Charge what M. Lilburn is pleased to say concerning me I shall say no more but onely this I shall not do so by him I shall not spend my bloud against him you see what he saith that the present Government is Tyrannical usuped and unlawful that the Commons of England in Parliament assembled are not the Supreme Authority but a Iuncto a mock-mock-Power a mock-mock-Parliament a company of Traytors that rule meerly by the dictates of their own will I could alledge more of his books unto you which have words in them very notorious and very publique he doth in expresse words say that the Government is Arbitrary Tyrannical and a new erected ruining inflaving robbing Government To style them Tyrants Vsurpers Traytors paralel to none but Murtherers Robbers Theeves no Parliament at all but Thomas Prides Iuncto and Scool-boyes destroyers of the lawes and and libertyes of the Nation the present Iuncto Chimaeraes fooleries and the like all these expressions and many more which I am sorry I have occasion to repeat to you that so much dirt should be throwne into the face of any Magistrates of England My Lords these are now the best which do rule My Lords I hope you and the Gentlemen of the Iury will take notice of it as to be very clear pregnant evident proof that M. Lilburn hath thus published and thus faid and besides this you see what he does go too he denyes all Magistracy * That 's false he doth no such thing but at most saith the Army hath destroyed all the legal Magistracy of the Nation they are the men that thereby are the real levellers and rooters so that now we are all alike a Chaos a confusion and this he hath brought us too or would have endeavoured it My Lords I shall not aggravate and if I did say no more it were enough but I come to the second general head of the Charge which is That he hath plotted and contrived to levy or raise Forces to subvert and overthrow the present established Government in the way of a free State or Common-wealth My Lords if I should say nothing more to the Jury this that hath been already read is evident proof of that for certainly those that shall say that the Governours be Tyrants that the Parliament is Trannical that they are men of bloud destroyers of lawes and liberties this cannot be of any other use but to raise force against them for subverting and destroying of them as he himselfe saith as so many Wesels or Pole-cats * In calling Tyrants Wesels and Polecats he hath said no more but what he hath learned out of Saint Iohns owne Argument of law against the Earl of Straford at which you have no cause to be angry because they are the words of one of your own brother lawyers especially if you consider to whom these words were declared to the Army in General especially to the Generals Regiment of Horse that helped to plunder and destroy M. Lilburns true Friends defeaetd at Burford and some of which were most justly as Traytors executed My Lords if I would say nothing more to the Jury but this there is full and pregnant proof already but yet my lord further to shew the malice of M. Lilburns heart and that he did intend to raise Force to incite and invite them to help him to subvert and destroy the Parliament and for the proof of this read the fifth page of his impeachment of high Treason against Oliver Cromwel Clerk reads page 5 †But my true friends I shall here take upon me the boldnes in regard of the great destractions of the present times to give a little further advice to you from whose company or society or from some of them hath begun issued out the most transcendent clear rational and just things for the peoples liberties and freedomes that I have seen or read in this Nation as your notable Petition of May 20. 1647. burnt by the hands of the common hangman recorded in my Book called Rash Oaths unwarrantable page 29 30 31. 32 33 34 35. with divers other Petitions of that nature and the Petition of the nineteenth of Ian. 1647. recorded in the following discourse page 45 46 47 48 c. and the Masculine Petition of the eleventh of September 1648. so much owned by Petitions out of several Countyes yea and by the Officers of the Armyes large Remonstrance from Saint Albans of the sixteenth of of November 1648. page 67 68 69. The substance of all which I conceive is contained in the Printed sheet of paper signed by my fellow Prisoners M. William Walwyn M. Thomas Prince and M. Richard Overton and my selfe dated the 1 of May 1649. and intituled An agreement of the Free people of England c. The principles of which I hope and desire you will make the final Centre and unwavering standard of al your desires hazards indeavours as to the future settlement of the Peace and Government of this distracted wasted and divided Nation the firme establishing of the Principles therein contained being that onely which will really and in good earnest marry and knit that interest what ever it be that dwels upon them unto the distressed and oppressed Commons or people of this Nation yea the setling of which principles is that that will thereby make it evidient and apparent unto all understanding people in the World that the real and hearty good and welfare of this Nation hath Cordially and in good earnest been that that their soules have hunted for and thirsted after in all the late bloudy civil Wars and contests all the contests of the Kings party for his will and Prerogative being meerly selfish and so none of the peoples interest and the contest of the Presbyterians for their make-bate dividing hypocrytical Covenant no better in the least and the present contest of the present dissembling interest of Independants for the peoples libertyes in general read the following discourse page 27 28 29. meerly
to be the most abhorred and detested of all the people above all men that ever breathed O insufferable and the highest of Treasons Leiut Col. Lilb Sir all the wit of all the Lawyers in England could never bring it within the compasse of high Treason by the old and just laws of this nation that abhors to oppress men contrary to Law then if they seem but to cry out of their oppressions to make them traytors for words Mr. Atturney I am confident the least Lawyer in England would have brought this within the Statute of Treason of the 25. Ed. 3. chap. 2. My Lords you shall see there is none escapt the Parliament with him are Tyrants Traytors and Vsurpers and therefore he stirrs up the people to destroy them But in the third place you shall see what Titles he gives to my Lord Generall Fairfax and his chief Officers that my Lord he that reads the books doth not know the parsons he would think that they were monsters and not men although they are so famous glorious that all the world have rung of them to their praise But saith he never was there more glorious Declarations made by men than by them and yet never performed any of them Nay he doth not only call them also Covenant engagement-breakers but he calls the Lord Generall Tyrant Murtherer and what not and the Officers perfideous Officers My Lords what I observed in the last clause of the Act is that whosoever goes about to draw the Souldiers from their obedience to their superiour Officers or from their obedience to the present Government that is high Treason and this likewise we shall finde him guilty of in his Legall fundamentall liberties of England inserted and vindicated it is in the first side of the Epistle that in the first place I pitch upon read it Clark pag 1. of the Epistle I positively accuse Mr. Oliver Cromwell for a wilfull murtherer and desire you to acquaint your house therewith for murthering Mr. Richard Arnold neare Ware Mr. Atturney Which man my Lord was condemned for a mtinier by a Counsell of Warre where the Lord Leiut of Ireland was but one member and the Parliament gave him and the rest of that Councell thanks for shooting that mutinous Souldier to death and yet Mr. Lilburne calls him murtherer therefore and this is laid to my Lord Leiuts charge for his part L. Col. Lilb Doth not the Petition of Right absolutely condemne all such acts in time of Peace when the Courts of Justice are open and the judgment of the Earle of Strafford doth abundantly condemne it who lost his life for a Traytor for doing the very same act in kind and likenesse at that time when he in the eye of the law was as legal a General as the General was that condemned that man Mr. Atturney My Lords L. Col. Lilb I pray Sir hear me out and sure I am the Declarations of all the powers extant in England ever since hath been to maintain the Petition of Right inviolably yea even those that are now in present power and if the Petition of Right be true to shoot souldiers as Arnold was is absolute murder Nay further if the judgment of the Parl. upon the Earl of Strafford for such an act be legal then all those that had a hand in shooting that Souldier are Traytors and ought to die for it as well as Strafford Clark reads on the second side of the Epistle Of all which crimes and charges and all your others against the King contained in your foresaid Declaration I know not three of them but Cromwel and his confederates in your pretended House and Army are as guilty of the like in kind though under a new name and notion as the King was of the fore-mentioned if not more guilty Mr. Prideaux Read pag. 35. Clerk pag. 35. But alas poor fools we were meerly cheated and cozened it being the principal unhappiness to some of us as to the flesh to have our eyes wide open to see things long before most honest men come to have their eyes open and this is that which turns to our smart reproach and that which we Commissioners feared at the first viz that no tye promises nor engagements were strong enough to the grand-juglers and leaders of the Army was now made clearly manifest for when it came to the Councel there came the General Cromwel and the whole Gang of Creature-Colonels and other Officers and spent many dayes in taking it all in pieces and there Ireton shewed himself an absolute King if not an Emperour against whose will no man must dispute and then Shuttlecock Roe their Scout Okey and Major Barton where Sir Hardress Waller sate President begun in their open Councel to quarrel with us by giving some of us base and unworthy language which procured them from me a sharp retortment of their own baseness and unworthiness into their teeth and a challenge from my self into the field besides seeing they were like to fight with us in the room in their own Garrison which when Sir Hardress Waller in my ear reproved me for it I justified it and gave it him again for suffering us to be so affronted and within a little time after I took my leave of them for a pack of dissembling jugling knaves amongst whom in consultation ever thereafter I should scorn to come as I told some of them for there was neither faith truth nor common honesty among them and so away I went to those that chose and intrusted me and gave publikely and effectually at a set-meeting appointed on purpose to divers of them an exact account how they had dealt with us and cozened and deceived us and so absolutely discharged my self from medling or making any more with so perfideous a Generation of men as the great Ones of the Army were but especially the cunningest of Machavilians Commissary Henrie Ireton Mr. Atturney Reade pag. 37. at the mark Clark pag. 37. Which the General and his Councel knew well enough and I dare safely say it upon my conscience that an Agreement of the People upon foundations of just freedome gone through with is a thing the General and the chiefest of his Councel as much hates as they do honesty justice and righteousness which they long since abandoned against which in their own spirits they are absolutely resolved I do verily believe to spend their heart-bloud and not to leave a man breathing in English ayr if possibly they can that throughly and resolutely prosecutes it a new and just Parl. being more dreadful to them then the great day of judgment so much spoken of in Scripture and although they have beheaded the King yet I am confidently perswaded their enmity is such at the peoples liberties that they would sooner run the hazard of setting the Prince in to reign in his Fathers stead then further really a just Agreement or endeavour a new Parliament rightly constituted Mr. Atturney Read pag. 38.
open their Dores for the free accesse of all sorts and kindes of auditors And I did refuse as of right to proceed with them till by speciall order they did open their Dores For no triall in such cases ought to be in any place unlesse it be publick open and free and therefore if you please that I may enjoy that Legall Right and Priviledge which was granted unto me by Mr. Miles Corbet and the rest of that Committee when I was brought before them in the like case that now I am brought before you which priviledge I know to be my right by the Law of England I shall as it becomes an understanding Englishman who in his actions hates deeds of darknesse holes or corners goe on to a triall But if I be denied this undoubted priviledge I shall rather die here than proceed any further And therefore foreseeing this before hand and being willing to provide against all jealousies of my escape the feare of which I supposed might be objected against me as a ground to deny me this my legal right and therefore before hand I have given my engagement to the Lieutenant of the Tower that I will be a faithfull and true prisoner to him And I hope the Gentleman hath so much experience of my faithfulness to my word that he doth not in the least question or scruple it I am sure he hath often so declared to me that he doth not Nay I have not onely ingaged to be a true prisoner in the Tower to him but I have also solemnly ingaged to him that I will come civilly and peaceably with him and that I will go civilly and peaceably back with him again And that if any tumult or up-roare shall arise in the croud of which I lose him and he me or in case I should be any wayes by force power rescued from him I have also faithfully ingaged to him that I will come again to him by the assistance of God as soon as ever I can get away from that force or rescue And all this I intreated him to acquaint you with that all jealousies and disputes might be avoided Iudge Keble Mr. Lilburn look behind you and see whether the Dore stands open or no. L. Col. Lilb Well then Sir I am satisfied as to that But then in the next place I have read the Petition of Right I have read Magna Charta and abundance of Lawes made in confirmation of it and I have also read the Act that abolisheth the Star-chamber which was made in the yeare 1641. which last recited Act expresly confirmes those stratures that were made in Edward the thirds time which declares all Acts Laws and Statutes that were made against Magna Charta to be null and void in Law and holden for error In the reading of which Lawes I doe not find a speciall Commission of Oyer and Terminer to be Legall and warrantable I beseech you Sir doe not mistake me for I put a vast difference betwixt an ordinary and common Commission of Oyer and Terminer for holding ordinary and common Assises and Sessions and betwixt an extraordinary and special commission of Oyer and Terminer to try an individuall person or persons for a pretended extraordinary crime the Lawes I last recited and the fundamentall or essentiall Basis of freedome therein contained knowes no such names or Commissions of speciall Oyer and Terminer And those Statutes in Edward the first and Edward the thirds time that doth erect those special and extraordinary Commssions and warrant the usage of them are meerly irrationall * And excellent to this purpose is Lieutenant Colonel Lilburnes Argument in his second Edition of his Picture of the Councel of State page 8. against the erection of extraordinary Courts which thus followeth He granting that the Parliament hath power to erect a Court of Justice to administer the Law provided that the Judges confist of Persons that are not Members of Parliament And provided the power they give them be universall that is to say to administer the Law to all the people of England indefinitely who are all equally borne free alike and not to two or three particular Persons solely the last of which for them to do is unjust and altogether out of their power c. which Argument or Reason is most notably illustrated and inlarged in the second Edition of the legall fundamentall Liberties of England revived of the 8. of June 1649. page 72. innovations upon our indubitable Rights contained in Magna Charta and meere Court and Prerogative devices to destroy the best of men by extraordinary Court appointed and prejudge proceedings that should manfully stand in the way of the Prince or any of his great favourites for sure I am from the Petition of Right no ground or foundation for any extraordinary or special Commission of Oyer and Terminer upon any pretended speciall or great occasion cannot be founded but rather the absolute quite contrary as to me clearly appeares by the very plain letter of that most excellent Law and therefore such a speciall Commission upon any pretended speciall occasion being expresly against our undubitable Rights contained in Magna Charta And the Petition of Right viz. that no Englishman shall be subjected to any other Tryall but the ordinary universall and common Tryalls at ordinary Assiâ—es Sessions or Goale-deliveries and not in the least to be tryed by extraordinary and speciall prejudged packed over-awing Commissions of Oyer and Terminer and therefore all such extraordinary and dangerous Tryalls are absolutely abolished by the late excellent â—cts that confirmes the Petition of Right and all and every of the Clauses therein contained and abolisheth the Star-Chamber both made Anno. 1641. And Sir with your favour the then Parliament that made the lastre cited Lawes were so farre from countenancing any special Commissions of Oyer and Terminer upon any special or pretended great occasions whatsoever that I can read of That I rather find and read the Parliaments proceedings in the year 1641. An extream Out-cry of the House of Commons against special Commissions of Oyer and Terminer with a great deal of bitterness and vehemency as may fully and clearly be read in that excellent Argument of Mr. Hide April 1641. Printed and published in a Booke called Speeches and Passages of Parliament page 409. to 417. which I have here at the Barre to produce which Mr. Hide was then the special and appointed mouth of the House of Commons before the Lords who unto them in conformity to his Commission from the then House of Commons complaines to the house of Lords extreamly of a special Commission of Oyer and Terminer that was exercised in the five Northern Counties of England and earnestly in the name of the house of Commons craves the special assistance of the house of Lords to pluck up that Court by the very rootes founded upon a special Commission of Oyer and Terminer being so illegall and unjust in the very foundation of it as
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
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
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
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
of I hope I have so clearly and fully answered all and every of your proofs that not any one thing sticks and to their consciences I cast it hoping that they doe look upon themselves as standing in the presence of him that sees their hearts and knows now whether there be any malice in them towards me or no which for my part I doe not believe there is for I professe I know no wrong I have particularly done them as men or generally as English men my conscience is free and clear as in the sight of God and I hope of all unbiassed men and to my knowledge I never see the faces of any two of them before this day and therefore intirely as an English man that loves and honours the good old laws of England and earnestly desires and endeavours and struggles for the preservation of justice and just Magistracy which I wish with all my soul may be preserved and therefore having suffered much for the preservation of the common and just liberties of England to their consciences and to their judgements I lealve both this matter and the constant series of all my actions in this my pilgrimage and vail of tears here below Lord Keeble Mr. Lilburn L. Col. Lilb Your pleasure Sir Lord Keeble Nothing Sir but this our consciences are befare God as well as yours and therefore you need not speak thus L. Col. Lilb Sir I have only two or three words more which I have spoken to you but these men that are my Jury and judges in whose hands only are the issues of my life have not as yet heard them I pray you give me liberty according to your promise to go on without interruption You Gentlemen of the Jury I have many materiall things to produce witnesses unto for my justification but no time in the least will be allowed me as you see to produce them which I ought by law to have had especially considering I have been lockt up so long close prisoner and have nothing for which I was first imprisoned laid unto my charge and have so high potent and mighty advarsaries as I have that truly every man is shy of me for fear he may come in trouble for comming near me and therefore I have but two or three words more to speak to the Jury I beseech you let me freely go on Lord Keeble Make them thirty to your defence and you may speake them L. Col. Lilb I shall by Gods assistance I shall keep close to my defence Now Gentlemen of the Jury I think I have sufficiently pleaded for my self at this present and that to clear up fully unto your judgements and to your understandings that by the law of England there is not so much as any one fact proved against me for the law is expresse that to every particular fact of Treason there must be two sufficient witnesses not by constructions or the like upon which score and plea that Gentleman Master Nichols that sits there as a Judge and Master John Maynard saved Major Rolphs life being to be arrained for the highest of English Treason before Barron Wild Now Gentlemen if notwithstanding what I have said any thing shall yet stick upon your spirits I shall intreat you to consider the intention of the law of England it is repeated severall times in Sir Edwards Cooks Institutes it is a maxim in the Law I have it here in the third part of his Institutes fol. 6. actus non facit reum nist meus sit rea Sir if you please to doe me the favour but to English it and explain it for the Jury for though I understand the substance of it yet I am not exactly able to English the latine but onely to understand the sense of it I conceive the sense of it is this it is not the act but the intention of the mind that declares guilt but therefore as in reference unto that I shall say no more but only this to them that the constant series of all my actions from my youth hitherto have manifested that I have with an affectionate and compasionate English spirit within me that hath put me forth for many years together really to endeavour the prosperity and good of the land of my nativitiy and not its mischiefe and destruction and that hitherto-ward in all my contests I have had the law and the declared publique justice of the Nation of my side having never done any mischiefe to my Country unlesse it be a misChief to oppose great mens wils I have now been seven moneths in prison I know not wherefore although originally I was committed to prison pretendedly for Treason and both the Acts upon which now I am indicted hath been made long since my first commitment there is not any one sillable of all those things for which I originally in generall without accuser or prosecutor was Voted a Traytor by the present power and for which I was proclaimed a Traitor throughout all the Market and great Towns in England six months a goe there is not now J say any one of those things laid to my charge but truly J have been laid inito prison for nothing as by this daies work clearly appears by the men in present power unto divers of whom J have often sent to know what it is they require at my hands and have also from time to time declared my readay willingnesse to compose and end all differences that concerne me having proffered again and again to reâ—er my selfe unto the finall determination of four of their own Members finally to end and determine all differences betwixt them and me whereof J was willing that Judge Rigby should be one of them a Gentleman though now a Judge I have found very honest and faithfull and to whom I have been much obliged to for many hearty favours I have from time to time received from him I say I have sent to him and Collonel Martin and aboundance of the members besides from time to time to some of whom I have written with some of whom I have spoken to I say I have sent many messages with the earnestes desire in the world that if I had offended any man in the House that if he would be pleased fairly and friendly to refer it to the finall judgement and determination of four Members of their own House and would stand to it and let all the world judge whether or no this proposition was not sutable to a Christian and sutable to an honest man yea to a man that judged himselfe in the strictest scrutiny of is own conscience to be free and innocent in his owne soul and in his owne conscience from all guilt crimes or Treasons or else if I had not I would not have put my felfe upon the judgement of those that were engaged in interest and selt-preservation against me and yet for the things that they imprisoned me for as a Traytor in general which I bear nothing of this day which
upon it therefore do not deal with me as Proctors and ingaged men with those that thirst for my bloud and laying aside that evenness of hand betwixt both parties that ought to be in all just and righteous Judges L. Keable 'T is nothing to this if it be any thing in the world to do you good in the way of your course of defence you should have it L. C. Lilburn Well if you let me go on no futther to make my defence I cannot over-rule you though you over-rule me my bloud be upon your heads and the Lord God of heaven and earth reward you for all your bloud-thirsty cruelty towards me his innocent Servant this day and so I have done with it and what I have said I have done with it leave it to the Jury earnestly begging and intreating them to take notice of your cruell and unjust dealing with me in denying me all the priviledges of an English-man when I am upon my life L. Keable What is materiall you shall not be debarred in it L. C. Lilburn O Lord Siâ— What strange Judges are you that you will neither allow me Counsel to help me to plead nor suffer me my self to speak for my own life Is this your law and Justice Sir I have no more to say but this seeing you straiten me although you said you would hear me till midnight I hope I have made it evident to all rationall men that all or any part of the testimony given in against me does not in the exact eye of the law in the least touch me although I have been most unjustly imprisoned and most barbarously used and tyrannized over yea and my estate by will and power taken from me that should have kept me and mine alive and the legal and customary allowance of the Tower denyed me to this day and although I have used all Christian and fair means to compose my differences with my Adversâ—ries but nothing would serve their turns but I must have oppression upon oppression laid upon me enough to break the back of a horse and then if I cry out of my oppressions in any kind I must have new Treasonsnares made to catch me many moneths after their oppressions were first laid upon me that if I so much as whimper or speak in the least of their unjust dealing with me I must dye rherefore as a traytor O miserable servitude and miserable bondage in the first year of Englands Freedom I have now no more to say unto you but onely this your own law tels me Sir Edw. Cook speaks it three or four times over in his 3 part instituts That it is the Law of England that any by stander may speak in the prisoners behalf if he see any thing urg'd against him contrary to Law or do apprehend he fals short of urging any material thing that may serve for his defence and preservation Here 's your own Law for it Sir Cook is full and pregnant to this purpose in his 3. part Institutes fol. 29 34 37. But this hath several times been denyed me in the case of Mr. Sprat my Soliciter and now I demand it again as my right by law that he may speak a few words for me according to his often desire both to â—he and the Court I have almost done Sir onely once again I claim that as my right which you have promised that I should have Councel to matter of law and if you give me but your own promise which is my undoubted right by your own law and I fear not my life But if you again shall deny both these legal priviledges I shall desire my Jury to take notice that I aver you rob me of the benefit of the law and go about to murther me without and against law and therefore as a free-born English man and as a true Christian that now stands in the sight and presence of God with an uprighs hearâ— and conscience with a chearfull countenance cast my life and the lives of all the honest free-men of England nâ—o the hands of God and his gracious protection and into the care and conscience of my honest Jury and Fellow-Citizens who I again declare by the law of England are the Conservators and sole Judges of my life having inherent in them alone the judicial power of the law as well as fact you Judges that sit there being no more if they please but Ciphers to pronounce the Sentence or their Clarks to say Amen to them being at the best in your Original but the Norman Conqueâ—ours Intruders and therefore you Gentlemen of the Jury my sole Judges the Keepers of my life at whose hands the Lord will require my bloud in case you leave any part of my indictment to the cruell and bloudy men And therefore I desire you to know your power and consider your duty both to God to Me to your own Selves and to your Country and the gracious assisting Spirit and presence of the Lord God omnipotent the Governour of Heaven and Earth and all things therein contained go along with you give counsell and direct you to do that which is just and for his glory The People with a loud voyce cryed Amen Amen and gave an extraordinary great hum which made the Judges loâ—k something untowardly about them and coused Major Generall Skippon to send for three more fresh Companiâ—s of Foot Souldiers Mr. Atturney Gentlemen of the Jury You have heard the Evidence in behalf of the State You have heard the insinuations of the prisoner upon them as calling you his Fellow-Citizens and the like He hath said and spoken we have proved and it is in your consciences to believe proof before saying the prisoner begun to cite you two Acts of Parliament the one in the 1. of Edw. 6. and the other the 5 and 6. of Edw. 6. and by those two Acts he would signifie to you that you should have two plain and evident Witnesses to every particular fact yet he did forget to cite another Statute made in the first and sâ—cond year of Philip and Mary that overthrows and annihilates those two Statutes that would have two plain witnâ—sses to every fact of treason and in all cases of treason will have them freed according to the common course of law the common-law for the try all of them if that must â—s materiall or if that stick with you that you cannot determine it my Lords the Judges will direct you in it and in all other points of law But certainly that exception was a little vain too for we did not insist with one particular witnesse in nothing at all For that of Newcome the prisoner did not repeat fully what he said for I remember he said this that Mr. Lilburn and Capt. Iones came together and brought the Copy of the last sheet that was to be printed if one come with him and the other delâ—vered it to the Printer they are both equally guiltie alike they came again the same day
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 donâ— 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 faciâ— 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
this honorable house yet since God hath so ordered humane affairs that 't is incident to his people though of reall integrity and of hearty desires of good to the Nation to differ about the means times and seasons requisite for the accomplishing thereof we hope your wisdomes will put the most favourable interpretations to such differences and not to attribute them to any evill intention or design but an over-earnest longing for such a perfect settlement of this Common-wealth which time onely and further opportunity can afford us We humbly conceive he hath formerly given sufficient proof of his faith and fidelity to his Country by his former sufferings both before this Parliament when he bore testimony against Regal and Episcopal tyranny and since also in the frequent exposing his life to the utmost of dangers in your service in all which he did manifest that the temptations of this world were not able to shake his integrity and that for the enjoyment of any outward emoluments he could not forsake the dictates of his own conscience and though we could heartily wish he had forborn those things which have drawn upon him his late sufferings yet are we well assured and that upon the neerest and strictest scrutiny we can make into his heart that no indirect ends or worldly allurements have engaged him therein a manifest argument whereof we humbly conceive to be for that neither the urgency of his necessities which have been very great and which are usually very perswasive to men not guided by conscience not yet the importunity of dear friends which have not been wanting and yet not any whit restrained there-from and therefore we hope this honourable house will distinguish betwixt weakness and design and think of some way of moderation towards such as instigation of conscience and errour of judgment have brought into your displeasure And though the obligation of our particular relations cannot but move us to this address on his behalf yet we humbly conceive it will not only occasion much sadness to many of your friends but much more joy to the common enemy to see his ruine Yet considering his principles are a burthen to this State We do therefore most humbly present our assurance and confidence of his purpose to withdraw himself into some forraign Country desiring he may have his money which is necessary to his and his Families subsistance in their transplantation and convenient time to prepare himself to go and he will wholly betake himself to his particular duty and Calling and that those of his judgment who are free to go along with him have arrears due to them from the Parliament may have their arrears paid unto them and be permitted accordingly to transplant themselves humbly imploring this honourable house to take the premises into speedy and serious consideration and laying all his former merits faithfull services persecutions stripes bonds and imprisonmets with hazard of life and loss of estate in opposition to Regal and Episcopal tyranny in ballance to his late miscarriages to do therein out of your wonted mercy and clemency as may be most for the glory of God frustrating the longing desires of the common enemy to see his ruine rejoycing and satisfying the Spirits of many of your friends and for answering the humble and most earnest request of your Petitioners whereby they shall be for ever engaged This was delivered the 22. of Octob. 1649. but was altogether fruitless the next thing in order thus followeth To pray c. Robert Lilburn Eliz. Lilburn The innocent Mans second Proffer Made unto his present Adversaries Octob. 22 1649. and communicated unto them by his loving Brother Col. Robert Lilburn BROTHER IN answer to your late Letter I can make no other Proposition besides what is in my Letter to Mr. Hevenningham of the 20 present then this That seeing my self and the principles I profess are a burthen to the men in present power therefore for peace and quietness sake only I will engage enjoying my money and my immediate liberty that I will within 6 moneths time transplant my self into some part of the West-Indies provided that all those that are free and willing to go along with me of what quality soever may have free liberty at their pleasure to go and provided seeing many of those I know willing to undertake the Journey are made very poor by reason of their sufferings in the present distractions may have all such monies justly paid unto them as is owing them either upon arrears for faithful service already done or for monies lent to the Publique that so they may be the better inabled for their Journey they engaged thereupon to go and provided that other that are willing to go and are so very poor that they cannot transplant themselves may have from the Publique some reasonable allowance for that end this being the Land of their Nativity where by the Law of Nature they may challeng a subsistance and therefore it is but just seeing their company and principles are a burthen and trouble to the men in present power that they should make their willingness for peace sake able to transport themselves inte a Desart where with industrie and the blessing of God thereupon they may expect a lively hood and this with the engagement of the present Power for a peaceable protection while we stay here in England and for their assistance for a reasonable Convoy in some part of our Journey I will engage in security I will not act against their Power during my stay in England directly or indirectly but for me to engage singly to go alone seeing I know no Plantation already planted but I would sooner chuse to be cut in pieces in England then engage to go to it therefore particularly I shall not engage without the tearms abovesaid come life â—ome death to which I shall stand Witness my hand Tower Octob. 22. 1649. JOHN LILBURN This was sent to Col. Rob. Lilburn who shewed it to several Parlimen but all in vain for nothing would serve their turn but his bloud The next in order is that notable Petition of his Whalebone friends already in Print the Copy of which for its worth I judge fit here to insert which thus followeth To the Commons of England Assembled in Parliament The humble Petition of the wel-affected in and about the City of London Westminster and parts adjacent Presenters and Approvers of the late Petition of the 11. of September c. SHEWETH THat as the Wisdom and Goodnesse of God is the best example to all Authorities in the World so those in Authority can in nothing more resemble God then in their readinesse to heare and receive the complaints and Petitions of any that apply themselves unto them And who in cases of dissatisfaction willingly condescend to a reasoning out of all doubts and differences for so his goodnesse daigned to commune with his Servant Abraham and even to a sinfull and gainsaying People he saith come
let us reason together And surely if ever here were need of such a goodnesse now is the time when not onely complaints and distractions abound in all places but multitudes of cordinall friends to the Parl. are exceedingly grieved and sadned in their spirits as not seeing the Common-wealth in a condition of freedom or exemption from grievances and burthens in any measure answerable to the many promises of the Parl. to the affections of those that have assisted them or to the endeavours engagements intentions and desires of the Army Every one believing That in a very short time after the expulsion of the greater number of the Members of this honourable House as betrayers of their trust A new Representative should immediatly have been ordered according to that Moddell of an Agreement of the People tendered by the Councel of the Army or in some other way And that because that honourable Councel in their Declaration of December last Declared That they should not looke on the remaining part as a former standing power to be continued but in order unto and untill the introducing of a more full and formall Power in a just Representative to be speedily endeavoured by an Agreement of the People And we were the more confident hereof because they had formerly declared also That where the Supream Authority was fixt in the same Persons during their own pleasure it rendered that Government no better then a Tyranny and the People subject thereunto no better then Vassals That by frequent Elections men come to taste of subjection as well as Ruâ—e and are thereby oblieged for their own sakes to be tender of the good of the People so that considering those expressions and those extraordinary things done declaredly for a speedy new Elected Parliament how it should come not onely to be wholly deferred but to be matter of blame for us or any of our friends earnestly to desire what is so evidently just and necessary in it selfe and so essential to the liberties of the Nation perplexeth us above measure and we intreat some satisfaction therein And truly when you had voted the People under God to be the originall of all just Power and the chosen Representatives of the People the Supream Authority we conceived that you did it to convey those Righteous Principles which we and our friends long laboured for to the next full and formal Representative and not that you intended te have exercised the supream Law-making Power Much lesse that such ensnaring Lawes should ever have issued from a house of Commons so often and so exceedingly purged intentionally by the Army for the freedom of the Common-wealth as is your Act against Treason wherein contrary to the course of former Parliaments and to Magna Charta so many things are made Treason that it is almost impossible for any to discourse with any affection for performance of promises and Engagements or for the liberties of the Nation but he is in danger of his life if Judges and Juries should take it for good Law which God forbid Also your Act for continuance and receipt of Excise which every one hoped upon the prevailing of the Army would have had a finall end to Trade more oppressive then all the Pattents Projects and Shipmoney put together Also your Act for continuance and strict receipt of Customs was exceeding crosse to expectation that and the other for Excise being esteemed most destructive to all kind of Commerce Shipping and Navigation and are so chargeable in the Receipt as that if what is disbursed to Offices and Collectors were raysed in an ordinary way of Subsidies it would go very farre towards the publique charge which it was hoped you would have seriously laid to heart and have prepared a way to have eased the Nation of both and to have raised all publique moneys by way of Subsidies It was hoped also That you would have done something towards easing the People of the long complained burthen of Tythes rather then to have enforced the same upon treble dammages It was also expected upon the prevailing of the Army and the reducement of this honourable House That the Printing-Presses should have been fully opened and set at free liberty for the clear Information of the People the stopping of them having been complained of as a great oppression in the Bishops times and in the time of the late unpurged Parl. rather then such an Act against all unlicensed Printing Writing or Publishing as for strictnesse and severity was never before seene in England and is extreamly dissatisfactory to most People And truly when you had declared so highly resolvedly for the maintenance of the Law of the Land as to the defence of every mans Liberty and Property according to that excellent Law of the Petition of Right you may soone conceive what heart-breaking torment of spirit was occasioned by your seizing in an hostile manner such constant cordial Promoters of those excellent Maximes forementioned by the commitment of them in an extrajudicial manner to an Arbitrary Prison where they have been long time Prisoners and most of that time close prisoners their Chambers and Pockets search'd more then once to find matter against them things altogether unparliamentary yea denied a legal Tryal no legal Crime being laid to their Charge nor Accuser or Witnesse ever seene by them face to face as Law requires and this to the Ruine of themselves and Families as to temporall subsistance We professe we are not able to express the grief and amazement that seized on us thereupon and which is daily renewed upon us in that now after extream provocations you seeme Resolved to take away the life of our dear friend Mr. Lilburn and others not by any ordinary way of Trial at the usuall Assizes but by a speciall Commission of Oyer and Terminer the Judges being composed of such as whose interest he hath long opposed a way much complained of in the corrupt times before this Parliament and which we hoped we should have heard no more of in this Nation And although this is too too lamentable yet would this were all but if we understand the Petition of Right truly the putting of Souldiers to death or to other reproachful and painful punishments by Martial-Law in time of Peace is not agreeable thereunto and if we are deceived therein the express words of that Law have deceived us But that such as have ventured their lives for you and thought nothing too deere to be spent in defence of a just Parliamentary-Authority should yet be imprisoned as some such there are in remote Castles and used more barbarously then Mr. Burton Mr. Prinne and Dr. Bastwick in the Bishops time and how soone intended to be proceeded against by special Commission of Oyer and Terminer we cannot but feare This makes our very hearts to bleed and our Bowels to earne within us insomuch as if no Reason Conscience feare of God or sence of Religion will put a speedy stop to these